AMENDMENT TO CUSTODIAN AGREEMENT
AMENDMENT
TO
THIS AMENDMENT TO CUSTODIAN AGREEMENT (this “Amendment”) is made on February 21, 2024, by and between BROWN BROTHERS XXXXXXXX & CO., a limited partnership organized under the laws of the State of New York (the “Custodian”), and XXXXXXXX ETF TRUST, a management investment company organized under the laws of the Commonwealth of Massachusetts (the “Trust”), on behalf of each of its portfolios listed on Appendix A to the Agreement (as defined below), severally and not jointly (each a “Portfolio” and collectively, the “Portfolios”), registered with the Securities and Exchange Commission under the Investment Company Act of 1940.
WHEREAS, the Custodian and the Trust entered into a Custodian Agreement, dated as of August 25, 2016 (as amended, modified and/or supplemented to date, the “Agreement;” all capitalized terms used but not defined herein shall have the meanings set forth in the Agreement); and
WHEREAS, the Custodian and the Trust desire to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the Custodian and the Trust hereby agree as follows:
1. The Agreement is hereby amended by deleting the existing Appendix A to the Agreement and replacing it with the Appendix A attached hereto, effective as of the date referenced in the heading of the Appendix A. Each of the undersigned hereby acknowledges, agrees and confirms that the terms of the Agreement shall apply separately and respectively to each Portfolio.
2. This Amendment may be executed in any number of counterparts each of which shall be deemed to be an original. This Amendment shall become effective when one or more counterparts have been signed and delivered by each of the parties. A photocopy, pdf or telefax of the Amendment shall be acceptable evidence of the existence of the Amendment.
3. This Amendment, together with the Agreement, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all oral communications and prior writings with respect hereto. Except as expressly modified hereby, the Agreement shall continue in full force and effect in accordance with its terms and conditions.
4. This Amendment shall be construed in accordance the governing law and exclusive jurisdiction provisions of the Agreement.
[Signature page follows]
1
IN WITNESS WHEREOF, each of the undersigned parties has executed this Amendment to Custodian Agreement effective as of the date first above written.
| BROWN BROTHERS XXXXXXXX & CO. | ||
| By: | /s/ Xxxx Xxxxxx | |
| Name: | Xxxx Xxxxxx | |
| Title: | Principal | |
| Date: | 20 February 2024 |
| NUSHARES ETF TRUST | ||
| By: | /s/ E/ Xxxxx Xxxxxxxxx | |
| Name: | E. Xxxxx Xxxxxxxxx | |
| Title: | Vice President and Controller | |
| Date: | February 21, 2024 |
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APPENDIX A
TO
Dated as of March 6, 2024
The following is a list of Portfolios for which the Custodian shall serve under this Agreement:
Nuveen Enhanced Yield U.S. Aggregate Bond ETF
Nuveen ESG Large-Cap Growth ETF
Nuveen ESG Large-Cap Value ETF
Nuveen ESG Mid-Cap Growth ETF
Nuveen ESG Mid-Cap Value ETF
Nuveen ESG Small-Cap ETF
Nuveen Short-Term REIT ETF
Nuveen ESG 1-5 Year U.S. Aggregate Bond ETF
Nuveen ESG International Developed Markets Equity ETF
Nuveen ESG Emerging Markets Equity ETF
Nuveen ESG U.S. Aggregate Bond ETF
Nuveen ESG Large-Cap ETF
Nuveen ESG High Yield Corporate Bond ETF
Nuveen Dividend Growth ETF
Nuveen Small Cap Select ETF
Xxxxxx Xxxxxxx Large-Cap Growth ESG ETF
Nuveen ESG Dividend ETF
Nuveen Growth Opportunities ETF
Nuveen Global Net Zero Transition ETF
Nuveen Sustainable Core ETF
Nuveen Core Plus Bond ETF
Nuveen Preferred and Income ETF
Nuveen Ultra Short Income ETF
