AMENDMENT TO CUSTODY AGREEMENT
Exhibit (g)(6)
AMENDMENT
TO
CUSTODY AGREEMENT
This Amendment (“Amendment”) is made with effect as of October 23, 2023 (“Effective Date”), by and between Simplify Exchange Traded Funds (the “Trust”), on behalf of its series listed on Appendix I to the Agreement (as defined below), and THE BANK OF NEW YORK MELLON (“BNY Mellon”).
BACKGROUND:
| A. | BNY Mellon and the Trust entered into a Custody Agreement dated as of July 14, 2020, as amended to date, (the “Agreement”) relating to BNY Mellon’s provision of services to the Trust and its series. |
| B. | The parties desire to amend the Agreement as set forth herein. |
TERMS:
The parties hereby agree that:
| 1. | Appendix I to the Agreement is hereby deleted in its entirety and replaced with Appendix I attached hereto. |
| 2. | 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. |
| 3. | Signatures; Counterparts. 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. |
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.
| By: | /s/ Xxxx Xxx | |
| Name: | Xxxx Xxx | |
| Title: | President | |
THE BANK OF NEW YORK MELLON | ||
| By: | /s/ Xxxxxxx Xxxxxx | |
| Name: | Xxxxxxx Xxxxxx | |
| Title: | Vice President | |
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Appendix
I
(Amended and Restated with effect as of October 23, 2023)
Series
| 1 | Simplify US Equity Plus Complexity ETF |
| 2 | Simplify US Equity Plus Downside Convexity ETF |
| 3 | Simplify US Equity Plus Upside Convexity ETF |
| 4 | Simplify Volt Robocar and Tech Disruption ETF |
| 5 | Simplify Volt Cloud and Cybersecurity Disruption ETF |
| 6 | Simplify Nasdaq 100 PLUS Downside Convexity ETF |
| 7 | Simplify Nasdaq 100 PLUS Convexity ETF |
| 8 | Simplify Volatility Premium ETF |
| 9 | Simplify Interest Rate Hedge ETF |
| 10 | Simplify Commodity Strategy ETF |
| 11 | Simplify Gold Strategy ETF |
| 12 | Simplify US Equity Plus GBTC ETF |
| 13 | Simplify High Yield PLUS Credit Hedge ETF |
| 14 | Simplify Tail Risk Strategy ETF |
| 15 | Simplify Intermediate Term Treasury Futures Strategy ETF |
| 16 | Simplify Health Care ETF |
| 17 | Simplify Hedged Equity ETF |
| 18 | Simplify Developed Ex-US PLUS Downside Convexity ETF |
| 19 | Simplify US Small Cap PLUS Downside Convexity ETF |
| 20 | Simplify Emerging Markets Equity PLUS Downside Convexity ETF |
| 21 | Simplify Aggregate Bond PLUS Credit Hedge ETF |
| 22 | Simplify Managed Futures Strategy ETF |
| 23 | Simplify Macro Strategy ETF |
| 24 | Simplify Volt Web3 ETF |
| 25 | Simplify Bitcoin Strategy PLUS Income ETF |
| 26 | Simplify Short Term Treasury Futures Strategy ETF |
| 27 | Simplify Enhanced Income ETF |
| 28 | Simplify Stable Income ETF |
| 29 | Simplify Propel Opportunities ETF |
| 30 | Simplify Conservative Allocation ETF |
| 31 | Simplify Moderate Allocation ETF |
| 32 | Simplify Growth Allocation ETF |
| 33 | Simplify Income Allocation ETF |
| 34 | Simplify Commodities Strategy No K-1 ETF |
| 35 | Simplify Market Neutral Equity Long/Short ETF |
| 36 | Simplify Multi-QIS Alternative ETF |
| 37 | Simplify Opportunistic Income ETF |
| 38 | Simplify MBS ETF |
| 39 | Simplify US Equity PLUS QIS ETF |
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