FORm of AMENDMENT #1 CUSTODY AGREEMENT
Exhibit (g)(2)
FORm of
AMENDMENT #1
AMENDMENT made this ____ day of _____________, 2015 to the Custody Agreement dated September 24, 2014 between ARK ETF Trust (“Trust”), a Delaware statutory trust, and The Bank of New York Mellon, (“Custodian”), a New York corporation authorized to do a banking business (“Agreement”).
WHEREAS, on October 20, 2015, the Board of Trustees of the Trust ratified and approved the creation of two new series of the Trust, the ARK 3D Printing ETF and the ARK Israeli Innovation ETF, and approved the fees payable by each such Fund to the Custodian for its services under the Agreement; and
WHEREAS, the Trust desires to add these two new series to the Agreement under the same terms and conditions of the Agreement and the Custodian has agreed to add such series to the Agreement; and
WHEREAS, the Trust and the Custodian desire to amend Schedule II to the Agreement to reflect these changes.
NOW THEREFORE, in consideration of the promises and covenants contained herein, the Trust and the Custodian agree to amend the Agreement as follows:
1. | Schedule II of the Agreement is hereby replaced with the attached Schedule II effective as of ____________________________. |
2. | All other terms and conditions of the Agreement not modified in this Amendment shall remain in full force and effect. |
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their officers designated below on the day and year first above written.
ARK ETF TRUST on behalf of each Series identified on Schedule II attached hereto | ||
By: | ||
Name: | Xxxx X. Xxxxxx | |
Title: | President | |
THE BANK OF NEW YORK MELLON | ||
By: | ||
Name: | ||
Title: |
SCHEDULE II
Between ARK ETF Trust and The Bank of New York Mellon
As of ________________________
SERIES |
ARK Innovation ETF |
ARK Genomic Revolution Multi-Sector ETF |
ARK Industrial Innovation ETF |
ARK Web x.0 ETF |
ARK 3D Printing ETF |
ARK Israeli Innovation ETF |