FIRST AMENDMENT to MASTER CUSTODY AGREEMENT
FIRST AMENDMENT
to
THIS AMENDMENT made effective as of the 14th day of September, 2010 amends that certain Master Custody Agreement, dated as of November 5, 2009, between the Funds listed on Exhibit A thereto and The Bank of New York Mellon (the “Master Custody Agreement”) as herein below provided.
W I T N E S S E T H :
WHEREAS, pursuant to Article X, Section 5 of the Master Custody Agreement, the Funds wish to amend Schedule II to the Master Custody Agreement to: (a) add a new Series, Virtus International Equity Fund; and (b) add an effective date for each Series that became subject to the Master Custody Agreement, to date.
NOW, THEREFORE, in consideration of the foregoing premise, the parties to the Master Custody Agreement hereby agree that the Master Custody Agreement is amended as follows:
1. Schedule II to the Master Custody Agreement is hereby replaced with Schedule II attached hereto and made a part hereof.
2. Except as herein provided, the Master Custody Agreement shall be and remain unmodified and in full force and effect. All initial capitalized terms used but not defined herein shall have such meanings as ascribed thereto in the Master Custody Agreement.
3. This Amendment may be executed in any number of counterparts (including executed counterparts delivered and exchanged by facsimile transmission) with the same effect as if all signing parties had originally signed the same document, and all counterparts shall be construed together and shall constitute the same instrument. For all purposes, signatures delivered and exchanged by facsimile transmission shall be binding and effective to the same extent as original signatures.
[signature page follows]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their duly authorized officers.
| VIRTUS EQUITY TRUST VIRTUS INSIGHT TRUST VIRTUS INSTITUTIONAL TRUST | ||
| By: | /s/ W. Xxxxxxx Xxxxxxx | |
| Name: | W. Xxxxxxx Xxxxxxx | |
| Title: | Chief Financial Officer and Treasurer | |
| THE BANK OF NEW YORK MELLON | ||
| By: | /s/ Xxxxx X. Xxxxxxx | |
| Name: | Xxxxx X. Xxxxxxx | |
| Title: | Managing Director | |
SCHEDULE II
Series and Effective Dates
| Series | Effective Date (Date Added to Agreement) | |
| Virtus Insight Trust |
||
| Virtus Emerging Markets Opportunities Fund |
November 5, 2009 | |
| Virtus Foreign Opportunities Fund |
November 5, 2009 | |
| Virtus Global Infrastructure Fund |
November 5, 2009 | |
| Virtus Global Opportunities Fund |
November 5, 2009 | |
| Virtus Global Real Estate Securities Fund |
November 5, 2009 | |
| Virtus Greater Asia ex Japan Opportunities Fund |
November 5, 2009 | |
| Virtus Greater European Opportunities Fund |
November 5, 2009 | |
| Virtus International Equity Fund |
September 14, 2010 | |
| Virtus International Real Estate Fund |
November 5, 2009 | |
