FIRST AMENDMENT TO THE CUSTODY AGREEMENT
FIRST AMENDMENT
TO THE CUSTODY AGREEMENT
THIS FIRST AMENDMENT effective as of the last date on the signature block, to the Custody Agreement (the “Agreement”) dated as of December 9, 2021, is entered into by and between MSD INVESTMENT CORP (f/k/a MSD Investment, LLC), a Maryland corporation (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the parties desire to update the Company’s legal name from MSD Investment, LLC to MSD Investment Corp; and
WHEREAS, the parties desire to amend the Agreement to update the fees; and
WHEREAS, Section 18.1 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree as follows:
8.1 Fees. The Custodian and the Document Custodian shall be entitled to compensation for their services in accordance with of that certain fee letter dated December 8, 2021, among the Company, the Custodian and the Document Custodian and as it relates to collateral segregation services in accordance with Exhibit B attached hereto.
SIGNATURES ON NEXT PAGE
1
IN WITNESS WHEREOF, the parties hereto have caused this Thirteenth Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year last written below.
U.S. BANK NATIONAL ASSOCIATION
By: |
/s/ Xxxx Xxxxxx |
Name: |
Xxxx Xxxxxx |
Title: |
SVP |
Date: |
11/11/2022 |
MSD INVESTMENT CORP
By: |
/s/ Xxxxx X. Xxxxxxxx |
Name: |
Xxxxx X. Xxxxxxxx |
Title: |
CFO and Treasurer |
Date: |
11/11/2022 |