AMENDMENT TO MUTUAL FUND CUSTODY AND SERVICES AGREEMENT
EX-99.g.1.i
AMENDMENT TO MUTUAL FUND CUSTODY AND SERVICES AGREEMENT
This Amendment (“Amendment”) is made as of the 1st day of January, 2014, by and between OPTIMUM FUND TRUST (referred to herein as the “Fund”) and THE BANK OF NEW YORK MELLON (formerly, Mellon Bank, N.A.) (“Custodian” or “BNY Mellon”).
BACKGROUND:
A. The Fund and Custodian are parties to a Mutual Fund Custody and Services Agreement dated as of July 20, 2007, as amended (the “Agreement”), relating to Custodian’s provision of custody services to the Fund and its series (“Series”). This Amendment is an amendment to the Agreement.
B. The parties desire to amend the Agreement as set forth herein.
TERMS:
The parties hereby agree that:
1. Appendix E of the Agreement is hereby deleted in its entirety and replaced with Appendix E attached hereto.
2. Miscellaneous.
(a) | As hereby amended and supplemented, the Agreement, as well as capitalized terms not defined in this Amendment, shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control. | ||
(b) | 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. | ||
(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. | ||
(d) | To the extent required by applicable law, the terms of this Amendment and the fees and expenses associated with this Amendment have been disclosed to and approved by the Board of Trustees of the Fund. | ||
(e) | This Amendment shall be governed by the laws of The Commonwealth of Pennsylvania, without regard to its principles of conflicts of laws. |
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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.
OPTIMUM FUND TRUST,
on
behalf of its Series identified on Appendix D
By: | /s/ Xxxxxxx Xxxxx |
Name: | Xxxxxxx Xxxxx |
Title: | Chief Financial Officer |
THE
BANK OF NEW YORK MELLON
By: | /s/ Xxxxxxxxxxx Xxxxx |
Name: | Xxxxxxxxxxx Xxxxx |
Title: | Managing Director |
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APPENDIX E FEE SCHEDULE
Safekeeping and Administrative Fees (annual, market value) | Basis Point/Unit Cost | |
U.S. Assets under custody + All other U.S. Assets-basis points | 0.30bp | |
Non-U.S. Markets assets | See attached schedule | |
Transaction/Service Fees | ||
U.S. Trade Capture & Settlement | ||
Per Depository Eligible Transaction | $3.00 | |
(includes purchases, sales, free receipts, free deliveries) | ||
Per P&I, Payup/Paydown | $1.00 | |
Per Leg of Futures, Option, or Swap Transaction | $5.00 | |
Per Physical trades | $15.00 | |
Per security segregation | $3.00 | |
Per forward Contract | $20.00 | |
Note: BNY Mellon reserves the right to charge for cancel | ||
and treat them as a transaction (if arising from action of | ||
client or investment manager) | ||
Non-U.S. Markets Capture & Settlement | See attached schedule | |
Per incoming/outgoing US Wire/Margin variation | $3.00 | |
Per Voluntary corporate action | Waived | |
Per Mandatory corporate action | Waived | |
Per Late or Manual Corporate action response | Waived | |
Per Manual Check Request | Waived | |
Per non-USD wire transfer | $35.00 | |
3rd-party security lending (per lender)-annual fee | Negotiated as needed | |
Per F/X not executed at BNY Mellon | $30.00 | |
WorkBench Information Delivery | ||
Client Reporting | ||
Workbench User ID’s | Waived | |
Customized Report Development | ||
Per Report (Minimum) for one time development | $1,000.00 | |
Per Report Annual Maintenance Fee | $500.00 | |
Per Hour for Special Projects | $150.00 |
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Notes |
- Earnings credits and overdraft rates
will be calculated monthly on the basis of the following formula: The Account
may earn interest on balances, including disbursement balances and balances
arising from purchase and sale transactions. For each month during which
the Custodian holds property for the Fund, there shall be an adjustment to the
custody fees, calculated as follows. For each day of the month in which the
closing cash balance of the Account is more than zero, such cash balance
amount will earn interest calculated by taking the amount of the idle balance
multiplied by the Overnight Federal Funds Rate (defined below) minus .50%
divided by 365 days. The amount of interest credit shall be known as the "Daily
Credits." Alternatively, for each day of the month in which the closing
balance of the Account is less than zero (an "overdraft"), the overdraft amount
will be subject to a charge calculated by taking the amount of the overdraft
multiplied by the Overnight Federal Funds Rate (defined below) plus .50%
divided by 365 days. The amount of interest charge shall be known as "Daily
Charges." The net of the Daily Credits and Daily Charges for a particular
month will be credited or debited, as the case may be, to the Monthly
Notification for the applicable period. Monthly credit balances will roll
forward to offset future Custodian fees and expenses. Unused Daily Credits will
expire at calendar year end. Credit balances may not be transferred, they are
used exclusively to offset Custodian fees and expenses and shall not be applied
against investment or other related expenses. A Daily Charge shall not apply to
the extent that an overdraft is solely due to Custodian
error.
- The term "Overnight Federal Funds Rate" shall mean, for any month, the average of daily "Federal Funds Rates" for such month. In turn,the daily Federal Funds Rates shall mean, for any day, the weighted average of the rates on overnight Federal Funds transactions with members of the Federal Reserve System arranged by Federal Funds brokers on such day, as published by the Federal Reserve Bank of New York on the business day next succeeding such day.
- BNY Mellon will pass through to the
Fund or Funds any out-of-pocket expenses, including (but not limited to)
vendor costs, postage,external legal and tax fees, courier expense,
registration fees, and stamp duties.
- BNY Mellon may earn indirect
compensation for items including but not limited to overdrafts, float, bank
deposits and net Interest revenue. Any additional services will incur
additional fees (e.g. accounting, benefit payments, performance and risk
analytics, etc).
- For details on certain direct and indirect compensation that may be earned by BNY Mellon, please refer to the website:xxx.xxxxxxxxx.xxx/xx-xxxxxxxxxxx. Once on the site, the following password will be required to review the content: ASCOMP00 (note:the last 2 digits in the password are zeros).
- BNY Mellon will xxxx on a monthly basis;payments will be directly charged to accounts
designated by the Fund or Funds, either automatically ("direct debit") or following a charging instruction ("direct
charge").
- All amounts due will be payable within 30 days of invoice date. Fees not paid within 60 days of the date of the invoice will be subject to a late charge of 1.5% per month. Any objections, corrections, or adjustments to a xxxx must be raised within 12 months of the billing date. In addition, BNY Mellon reserves the right to adjust a client xxxx for any under-billed activities up to 12 months after the billing date. After the 12-month period, all bills will be considered final.
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