AMENDMENT TO TRANSFER AGENCY AND SERVICES AGREEMENT
EX-99 (h)(8)
Execution Version
AMENDMENT
TO
TRANSFER AGENCY AND SERVICES AGREEMENT
This Amendment (“Amendment”) is made as of October 12, 2023 (“Effective Date”), by and between each of Xxxxxxx Xxxxx ETF Trust, and Xxxxxxx Xxxxx ETF Trust II, separately and not jointly (each a “Trust” and collectively, the “Trusts”), and THE BANK OF NEW YORK MELLON (the “Bank”).
BACKGROUND:
| A. | The Bank and certain of the Trusts are parties to a Transfer Agency and Services Agreement dated as of April 22, 2015, as amended to date (the “Agreement”), relating to the Bank’s provision of services to the Trusts and each of its series listed on Schedule A to the Agreement, as such Schedule A may be amended from time to time (each a “Fund”). |
| B. | The parties desire to amend the Agreement as set forth herein. |
TERMS:
The parties hereby agree that:
| 1. | Schedule A to the Agreement is hereby deleted in its entirety and replaced with Schedule A attached hereto. |
| 2. | Miscellaneous. |
| (a) | Capitalized terms not defined in this Amendment shall remain in full force and effect. In the event of a conflict between the terms hereof and the Agreement, this Amendment shall control. |
| (b) | As hereby amended and supplemented, the Agreement shall remain in full force and effect. |
| (c) | The Agreement, as amended hereby, constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior communications with respect thereto. |
| (d) | The parties expressly agree that this Amendment may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of this Amendment, by a manual signature on a copy of this Amendment transmitted by facsimile transmission, by a manual signature on a copy of this Amendment transmitted as an imaged document attached to an email, or by “Electronic Signature”, which is hereby defined to mean inserting an image, representation or symbol of a signature into an electronic copy of this Amendment by electronic, digital or other technological methods. Each counterpart executed in accordance with the foregoing shall be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment or of executed signature pages to counterparts of this |
| Amendment, in either case by facsimile transmission or as an imaged document attached to an email transmission, shall constitute effective execution and delivery of this Amendment and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment. |
| (e) | This Amendment shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. |
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed as of the Effective Date by its duly authorized representative indicated below. An authorized representative, if executing this Amendment by Electronic Signature, affirms authorization to execute this Amendment by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment and an agreement with its terms.
| XXXXXXX XXXXX ETF TRUST | ||
| On behalf of each of its Funds identified on Schedule A attached hereto | ||
| By: | /s/ Xxxxx Xxxxxxxx | |
| Name: | Xxxxx Xxxxxxxx | |
| Title: | Vice President | |
| THE BANK OF NEW YORK MELLON | ||
| By: | /s/ Xxxxx X. Xxxxx | |
| Name: | Xxxxx X. Xxxxx | |
| Title: | Senior Director | |
SCHEDULE A
(Amended and Restated as of October 14, 2023)
XXXXXXX XXXXX ETF TRUST
Xxxxxxx Xxxxx Access Emerging Markets Local Currency Bond ETF*
Xxxxxxx Xxxxx Access Emerging Markets USD Bond ETF
Xxxxxxx Xxxxx Access High Yield Corporate Bond ETF
Xxxxxxx Xxxxx Access Investment Grade Corporate Bond ETF
Xxxxxxx Xxxxx Access Inflation Protected USD Bond ETF
Xxxxxxx Xxxxx Access Treasury 0-1 Year ETF
Xxxxxxx Xxxxx Access China Bond ETF*
Xxxxxxx Xxxxx Access Investment Grade Corporate 1-5 Year Bond ETF
Xxxxxxx Xxxxx Access Investment Grade Corporate 10+ Year Bond ETF*
Xxxxxxx Xxxxx Access Total Bond Market ETF*
Xxxxxxx Xxxxx Access Ultra Short Bond ETF
Xxxxxxx Xxxxx Access U.S. Aggregate Bond ETF
Xxxxxxx Xxxxx Access U.S. Treasury Bond ETF*
Xxxxxxx Xxxxx ActiveBeta® Emerging Markets Equity ETF
Xxxxxxx Xxxxx ActiveBeta® Europe Equity ETF
Xxxxxxx Xxxxx ActiveBeta® International Equity ETF
Xxxxxxx Xxxxx ActiveBeta® Japan Equity ETF
Xxxxxxx Xxxxx ActiveBeta® Paris-Aligned Climate U.S. Large Cap Equity ETF
Xxxxxxx Xxxxx ActiveBeta® U.S. Large Cap Equity ETF
Xxxxxxx Xxxxx ActiveBeta® U.S. Low Vol Plus Equity ETF*
Xxxxxxx Xxxxx ActiveBeta® U.S. Small Cap Equity ETF
Xxxxxxx Xxxxx Bloomberg Clean Energy Equity ETF
Xxxxxxx Xxxxx Equal Weight U.S. Large Cap Equity ETF
Xxxxxxx Xxxxx Future Consumer Equity ETF
Xxxxxxx Xxxxx Future Health Care Equity ETF
Xxxxxxx Xxxxx Future Planet Equity ETF
Xxxxxxx Xxxxx Future Real Estate and Infrastructure Equity ETF
Xxxxxxx Xxxxx Future Tech Leaders Equity ETF
Xxxxxxx Xxxxx Hedge Industry VIP ETF
Xxxxxxx Xxxxx Innovate Equity ETF
Xxxxxxx Xxxxx JUST U.S. Large Cap Equity ETF
Xxxxxxx Xxxxx MarketBeta® Emerging Markets Equity ETF
Xxxxxxx Xxxxx MarketBeta® International Equity ETF
Xxxxxxx Xxxxx MarketBeta® International Small Cap Equity ETF*
Xxxxxxx Xxxxx MarketBeta® U.S. Equity ETF
Xxxxxxx Xxxxx ActiveBeta® World Low Vol Plus Equity ETF
Xxxxxxx Xxxxx Xxxxx-Aligned Climate High Yield Corporate Bond ETF*
Xxxxxxx Xxxxx Community Municipal Bond ETF
Xxxxxxx Xxxxx ActiveBeta® Paris-Aligned Climate Emerging Markets Equity ETF*
Xxxxxxx Xxxxx ActiveBeta® Paris-Aligned Climate International Equity ETF*
Xxxxxxx Xxxxx MarketBeta® U.S. Small Cap Equity ETF*
Xxxxxxx Xxxxx ActiveBeta® Emerging Markets Low Vol Plus Equity ETF*
Xxxxxxx Xxxxx Access Treasury 0-6 Month ETF*
Xxxxxxx Xxxxx Defensive Equity ETF
Xxxxxxx Xxxxx North American Pipelines & Power Equity ETF
Xxxxxxx Xxxxx Nasdaq-100 Core Premium Income ETF*1
Xxxxxxx Xxxxx S&P 500 Core Premium Income ETF*2
Xxxxxxx Xxxxx Small Cap Core Equity ETF
XXXXXXX XXXXX ETF TRUST II
Xxxxxxx Xxxxx MarketBeta® U.S. 1000 Equity ETF
Xxxxxxx Xxxxx MarketBeta® Total International Equity ETF
| * | The Fund has not yet commenced operations. GSAM will provide the Bank notice to commence services upon the Fund’s launch. |
| 1 | Fund name was changed from Xxxxxxx Xxxxx U.S. Tech Index Equity Premium Income ETF* |
| 2 | Fund name was changed from Xxxxxxx Xxxxx U.S. Equity Income ETF* |
