AMENDMENT TO THE ADVISORS SERIES TRUST CUSTODY AGREEMENT
AMENDMENT
TO THE
THIS AMENDMENT dated as of the
10th day of December, 2009, to the Custody Agreement, dated as of June 6, 2006,
as amended (the “Agreement”), is entered into by and between Advisors Series Trust, a
Delaware statutory trust (the “Trust”) and U.S. Bank National Association,
a national banking association (the “Custodian”).
RECITALS
WHEREAS, the parties have
entered into a Custody Agreement; and
WHEREAS, the parties desire to
amend the series of the Trust to add a fund; and
WHEREAS, Article XV, Section
15.2 of the Agreement allows for its amendment by a written instrument executed
by both parties.
NOW, THEREFORE, the parties
agree to amend the exhibits and add the following series of Advisors Series
Trust:
Exhibit
U, the fund and fees of Poplar Forest Partners Fund, is hereby added and
attached hereto.
Except to
the extent amended hereby, the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the
parties hereto have caused this Amendment to be executed by a duly authorized
officer on one or more counterparts as of the date and year first written
above.
U.S.
BANK, N.A.
|
|
By:
/s/ Xxxxxxx X.
Xxxx
|
By:
/s/ Xxxxxxx X.
XxXxx
|
Name:
Xxxxxxx X. Xxxx
|
Name:
Xxxxxxx X. XxXxx
|
Title: President
|
Title:
Vice
President
|
1
Exhibit
U
to
the
Separate
Series of Advisors Series Trust Custody Agreement
Name of Series
|
Date Added
|
|
Poplar
Forest Partners Fund
|
on
or after December 31, 2009
|
Multiple Series
Trust
DOMESTIC CUSTODY
SERVICES
FEE SCHEDULE at December,
2009
|
Annual Fee Based Upon Market Value Per
Fund*
[___]
basis point on average daily market value
Minimum
annual fee per fund - $4,800
Plus
portfolio transaction fees
Portfolio
Transaction Fees
$[___]
per book entry DTC transaction/Federal Reserve transaction/U.S. Bank repo
agreement transaction
$[___]
per principal paydown
$[___]
per short sale
$[___]
per option/future contract written, exercised or expired
$[___]
per mutual fund trade/Fed wire/margin variation Fed wire
$[___]
per physical transaction
$[___]
per segregated account per year
§ A
transaction is a purchase/sale of a security, free receipt/free delivery,
maturity, tender or exchange.
§ No
charge for the initial conversion free receipt.
§ Overdrafts
– charged to the account at prime interest rate plus 2.
Out-Of-Pocket
Expenses
Including
but not limited to expenses incurred in the safekeeping, delivery and
receipt of securities, shipping, transfer fees, and extraordinary expenses
based upon complexity.
Fees
are billed monthly.
*Subject
to annual CPI increase, Milwaukee
MSA.
|
Advisor’s
Signature below acknowledges approval of the domestic and global fee schedules
on this Exhibit U.
Poplar
Forest Capital LLC
By: /s/ J. Xxxx
Xxxxxx
Printed
Name: J. Xxxx
Xxxxxx
Title: CEO
Date:
12/16/09
2
Exhibit U
(continued) to the Separate Series of Advisors Series Trust Custody
Agreement
GLOBAL SUB-CUSTODIAL
SERVICES
ANNUAL FEE SCHEDULE at
December, 2009
|
||||||||
Country
|
Instrument
|
Safekeeping
(BPS)
|
Transaction
Fee
|
Country
|
Instrument
|
Safekeeping
(BPS)
|
Transaction
Fee
|
|
Argentina
|
All
|
[___]
|
$[___]
|
Latvia
|
Bonds
|
[___]
|
$[___]
|
|
Australia
|
All
|
[___]
|
$[___]
|
Lebanon
|
All
|
[___]
|
$[___]
|
|
Austria
|
All
|
[___]
|
$[___]
|
Lithuania
|
All
|
[___]
|
$[___]
|
|
Bahrain
|
All
|
[___]
|
$[___]
|
Luxembourg
|
All
|
[___]
|
$[___]
|
|
Bangladesh
|
All
|
[___]
|
$[___]
|
Malaysia
|
All
|
[___]
|
$[___]
|
|
Belgium
|
All
|
[___]
|
$[___]
|
Mali*
|
All
|
[___]
|
$[___]
|
|
Benin*
|
All
|
[___]
|
$[___]
|
Malta
|
All
|
[___]
|
$[___]
|
|
Bermuda
|
All
|
[___]
|
$[___]
|
Mauritius
|
All
|
[___]
|
$[___]
|
|
Botswana
|
All
|
[___]
|
$[___]
|
Mexico
|
All
|
[___]
|
$[___]
|
|
Brazil
|
All
|
[___]
|
$[___]
|
Morocco
|
All
|
[___]
|
$[___]
|
|
Bulgaria
|
All
|
[___]
|
$[___]
|
Namibia
|
All
|
[___]
|
$[___]
|
|
Burkina
Faso*
|
All
|
[___]
|
$[___]
|
Netherlands
|
All
|
[___]
|
$[___]
|
|
Canada
|
All
|
[___]
|
$[___]
|
New
Zealand
|
All
|
[___]
|
$[___]
|
|
Cayman
Islands*
|
All
|
[___]
|
$[___]
|
Niger*
|
All
|
[___]
|
$[___]
|
|
Channel
Islands*
|
All
|
[___]
|
$[___]
|
Nigeria
|
All
|
[___]
|
$[___]
|
|
Chile
|
All
|
[___]
|
$[___]
|
Norway
|
All
|
[___]
|
$[___]
|
|
China“A”
Shares
|
All
|
[___]
|
$[___]
|
Oman
|
All
|
[___]
|
$[___]
|
|
China“B”
Shares
|
All
|
[___]
|
$[___]
|
Pakistan
|
All
|
[___]
|
$[___]
|
|
Columbia
|
All
|
[___]
|
$[___]
|
Peru
|
All
|
[___]
|
$[___]
|
|
Costa
Rica
|
All
|
[___]
|
$[___]
|
Philippines
|
All
|
[___]
|
$[___]
|
|
Croatia
|
All
|
[___]
|
$[___]
|
Poland
|
All
|
[___]
|
$[___]
|
|
Cyprus*
|
All
|
[___]
|
$[___]
|
Portugal
|
All
|
[___]
|
$[___]
|
|
Czech
Republic
|
All
|
[___]
|
$[___]
|
Qatar
|
All
|
[___]
|
$[___]
|
|
Denmark
|
All
|
[___]
|
$[___]
|
Romania
|
All
|
[___]
|
$[___]
|
|
Ecuador
|
All
|
[___]
|
$[___]
|
Russia
|
Equities/Bonds
|
[___]
|
$[___]
|
|
Egypt
|
All
|
[___]
|
$[___]
|
Russia
|
MINFIN
|
[___]
|
$[___]
|
|
Estonia
|
All
|
[___]
|
$[___]
|
Senegal*
|
All
|
[___]
|
$[___]
|
|
Euromarkets(3)
|
All
|
[___]
|
$[___]
|
Singapore
|
All
|
[___]
|
$[___]
|
|
Finland
|
All
|
[___]
|
$[___]
|
Slovak
Republic
|
All
|
[___]
|
$[___]
|
|
France
|
All
|
[___]
|
$[___]
|
Slovenia
|
All
|
[___]
|
$[___]
|
|
Germany
|
All
|
[___]
|
$[___]
|
South
Africa
|
All
|
[___]
|
$[___]
|
|
Ghana
|
All
|
[___]
|
$[___]
|
South
Korea
|
All
|
[___]
|
$[___]
|
|
Greece
|
All
|
[___]
|
$[___]
|
Spain
|
All
|
[___]
|
$[___]
|
|
Guinea
Bissau*
|
All
|
[___]
|
$[___]
|
Sri
Lanka
|
All
|
[___]
|
$[___]
|
|
Hong
Kong
|
All
|
[___]
|
$[___]
|
Swaziland
|
All
|
[___]
|
$[___]
|
|
Hungary
|
All
|
[___]
|
$[___]
|
Sweden
|
All
|
[___]
|
$[___]
|
|
Iceland
|
All
|
[___]
|
$[___]
|
Switzerland
|
All
|
[___]
|
$[___]
|
|
India
|
All
|
[___]
|
$[___]
|
Taiwan
|
All
|
[___]
|
$[___]
|
|
Indonesia
|
All
|
[___]
|
$[___]
|
Thailand
|
All
|
[___]
|
$[___]
|
|
Ireland
|
Equities
|
[___]
|
$[___]
|
Togo*
|
All
|
[___]
|
$[___]
|
|
Ireland
|
Gov’t
Bonds
|
[___]
|
$[___]
|
Trinidad
& Tobago*
|
All
|
[___]
|
$[___]
|
|
Israel
|
All
|
[___]
|
$[___]
|
Tunisia
|
All
|
[___]
|
$[___]
|
|
Italy
|
All
|
[___]
|
$[___]
|
Turkey
|
All
|
[___]
|
$[___]
|
|
Ivory
Coast
|
All
|
[___]
|
$[___]
|
UAE
|
All
|
[___]
|
$[___]
|
|
Jamaica*
|
All
|
[___]
|
$[___]
|
United
Kingdom
|
All
|
[___]
|
$[___]
|
|
Japan
|
All
|
[___]
|
$[___]
|
Ukraine
|
All
|
[___]
|
$[___]
|
|
Jordan
|
All
|
[___]
|
$[___]
|
Uruguay
|
All
|
[___]
|
$[___]
|
|
Kazakhstan
|
All
|
[___]
|
$[___]
|
Venezuela
|
All
|
[___]
|
$[___]
|
|
Kenya
|
All
|
[___]
|
$[___]
|
Vietnam*
|
All
|
[___]
|
$[___]
|
|
Latvia
|
Equities
|
[___]
|
$[___]
|
Zambia
|
All
|
[___]
|
$[___]
|
*
Additional customer documentation and indemnification will be required prior to
establishing accounts in these markets.
Base
Fee - A monthly base charge of $[___] per account (fund) will apply.
§
|
Fee is expressed in basis points per annum where
one basis point equals one hundredth of one percent ([___]%) and is calculated based upon month-end market
value, unless stated
otherwise.
|
§
|
A
transaction is defined as a receipt or delivery versus payment, a free
receive or deliver, maturities, or security transaction related to
corporate events.
|
§
|
Euroclear
– Eurobonds only. Eurobonds are held in Euroclear at a standard
rate, but other types of securities (including but not limited to
equities, domestic market debt and mutual funds) will be subject to a
surcharge. In addition, certain transactions that are delivered
within Euroclear or from a Euroclear account to a third party depository
or settlement system, will be subject to a surcharge (surcharge schedule
available upon request).
|
Exhibit U
(continued) to the Separate Series of Advisors Series Trust Custody
Agreement
−
|
For
all other markets specified above, surcharges may apply if a security is
held outside of the local market.
|
Straight
Through Processing – fees waived.
For non-US resident clients investing
in the U.S. market: Fees for US custody are provided on the basis that if
assets are held in an omnibus account for multiple underlying clients, the
Client will take the necessary action to attain Qualified Intermediary (QI)
status for US IRS withholding tax purposes. Should the Client fail to
take the necessary action, the fee quoted would be subject to review, and all
costs incurred by The Bank of New York in fulfilling its obligations under the
US regulations would be passed to the Client. Please refer to the
separate Non-Resident Alien (NRA) fee schedule.
Note: For
the clients who are the sole beneficial owner of the assets held in their
account with The Bank of New York and the client has provided a “W8Ben” form per
account stating their ownership of the assets, the above will not
apply.
Cash
Transactions:
§
|
Currency Trade - $[___] per
transaction
|
§
|
3rd Party Foreign Exchange – a Foreign Exchange
transaction undertaken through a third party will be charged $[___].
|
Standard
Non-U.S. Proxy Services Fees:
§
|
Notification
$[___]
|
§
|
Vote $[___]
|
§
|
Relationship Set Up
Fee $[___]
|
Tax Reclamation Services:
May be subject to additional charges
depending upon the service level agreed. Tax reclaims that have been
outstanding for more than 6 (six) months with the client will be charged
$[___] per claim.
Communication
Fees:
§
|
SWIFT Reporting and Message
Fees – The following fees will apply in respect of client requested
SWIFT reports and messages:
|
−
|
Cash
Reporting
|
·
|
MT900 – Cash Debit Advice$[___]
each
|
·
|
MT910 – Cash Credit Advice$[___]
each
|
·
|
MT940 – Detail Cash Statement$[___] per
message
|
·
|
MT950 – Cash Statement$[___] per
message
|
−
|
Securities
Position Reporting
|
·
|
MT535 – Statement of Holdings$[___] per
message
|
(One
MT535 will be issued per account per month free of charge)
·
|
MT536 – Statement of Transactions$[___] per
message
|
·
|
MT537 – Statement of Pendings$[___] per
message
|
−
|
Confirmations
|
·
|
MT544 – Receive Free Confirm$[___] per
message
|
·
|
MT545 – Receive Against Payment
Confirm$[___] per
message
|
·
|
MT546 – Deliver Free Confirm$[___] per
message
|
·
|
MT547 – Deliver Against Payment
Confirm$[___] per
message
|
−
|
Facsimile
Reporting Fees
|
·
|
Corporate Actions Notifications$[___] per
notification
|
·
|
Cash and Securities Reports$[___] per
page
|
Out
of Pocket Expenses
§
|
Charges
incurred by The Bank of New York for local taxes, stamp duties or other
local duties and assessments, stock exchange fees, postage and insurance
for shipping, facsimile reporting, extraordinary telecommunications fees
or other expenses which are unique to a country in which the client or its
clients is investing will be passed along as
incurred.
|
§
|
A
surcharge may be added to certain out-of-pocket expenses listed herein to
cover handling, servicing and other administrative costs associated with
the activities giving rise to such expenses. Also, certain
expenses are charged at a predetermined flat
rate.
|
4