AMENDMENT TO LICENSE AGREEMENT
Exhibit 99.4
AMENDMENT
TO
This Amendment (“Amendment”) is made as of the 11th day of December, 2020, by and between The Bank of New York Mellon (“Licensor”) and Xxxxxxx Xxxxx Physical Gold ETF (formerly known as Perth Mint Physical Gold ETF Trust) (“Licensee”).
BACKGROUND:
| A. | Licensor and the Licensee entered into a License Agreement dated as of June 21, 2018 (the “Agreement”). |
| B. | The parties desire to amend the Agreement as set forth herein. |
TERMS:
The parties hereby agree that:
| 1. | The third Whereas clause in the Agreement is hereby deleted in its entirety and replaced with the following: |
“WHEREAS, pursuant to Section 2 below, the Licensee intends to sublicense the license granted herein to Xxxxxxx Sachs Asset Management, the Sponsor.”
| 2. | Section 12.8 of the Agreement is hereby amended by replacing the Contact Information for Licensor with the following: |
Contact Information for Licensor:
The Bank of New York Mellon
000 Xxxxxxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx, 00000
Attn: Legal Department – Asset Servicing
and by replacing the Contact Information for Licensee with the following:
Contact Information for Licensee:
XXXXXXX XXXXX PHYSICAL GOLD ETF
c/o: Xxxxxxx Sachs Asset Management
000 Xxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxx, XX 00000
Attn: Xxxxxxx Xxxxxxxx
| 3. | All references to “Perth Mint Physical Gold ETF” shall be deleted and replaced with “Xxxxxxx Sachs Physical Gold ETF.” |
| 4. | Miscellaneous. |
| (a) | As hereby amended and supplemented, the Agreement shall remain in full force and effect. |
| (b) | The Agreement, as amended hereby, constitutes the complete understanding and agreement of the parties with respect to the subject matter thereof and supersedes all prior communications with respect thereto. |
| (c) | This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The facsimile signature of any party to this Amendment shall constitute the valid and binding execution hereof by such party. |
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers designated below on the date and year first above written.
| THE BANK OF NEW YORK MELLON | ||
| By: | /s/ Xxxxxx Xxxxxx | |
| Name: | Xxxxxx Xxxxxx | |
| Title: | Managing Director | |
| XXXXXXX XXXXX PHYSICAL GOLD ETF (formerly known as Perth Mint Physical Gold ETF Trust) | ||
| By: XXXXXXX SACHS ASSSET MANAGEMENT L.P., as Sponsor | ||
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | Managing Director | |
