FORM OF THIRD AMENDMENT TO SECURITIES LENDING AGREEMENT
Exhibit (h)(3)(b)
FORM OF THIRD AMENDMENT TO
THIS THIRD AMENDMENT TO SECURITIES LENDING AGREEMENT ("Third Amendment"), dated effective as of [ ], 2021 ("Effective Date"), is made and entered into by and between U.S. Bank National Association ("Bank") and ETF Managers Trust ("Trust"), on behalf of each respective series identified in Exhibit C to the Agreement (each such series hereinafter referred to as a separate "Customer").
WITNESSETH:
WHEREAS, U.S. Bank and Trust, on behalf of each of its Customers, are parties to that certain Securities Lending Agreement, dated effective as of January 8, 2016, as amended from time to time ("Agreement"); and
WHEREAS, the parties now desire to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual premises, covenants and undertakings set forth herein, the parties hereto agree as follows:
1. Loan Fee Schedule. The Loan Fee Schedule attached as Exhibit B to the Agreement shall hereby be deleted and replaced by the Election of Collateral Investment attached as Exhibit B to this Third Amendment.
2. Customer Information Sheet. The Customer Information Sheet attached as Exhibit C to the Agreement shall hereby be deleted and replaced by the Customer Information Sheet attached as Exhibit C to this Third Amendment.
3. Full Force and Effect. Except as specifically modified by this Third Amendment, the Agreement shall remain in full force and effect. All references to the Agreement shall be deemed to mean the Agreement as modified by this Third Amendment.
4. Counterparts. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the undersigned parties have executed this Third Amendment effective as of the day and year first above written.
| U.S. BANK NATIONAL ASSOCIATION | ETF MANAGERS TRUST | |||||||
By: | By: | |||||||
| Name: Xxxx X. Xxxxxxxxx | Name: Xxx Xxxxxxx | |||||||
| Title: Head of Operations | Title: CEO & CMO | |||||||
EXHIBIT B
LOAN FEE SCHEDULE
EXHIBIT C
CUSTOMER INFORMATION SHEET
as of May 1, 2021
Please provide the Bank with the following information:
Name: ETF Managers Trust
Tax identification number: see below
(for multiple tax identification numbers, please use the bottom half of this page)
Principal place of business: 00 Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, XX 00000
State and nation of incorporation or organization: State of Delaware, United States
Address (or the address of your registered agent) within
state of incorporation or organization: 000 Xxxxxxxx Xxx., Xxxxx 000, Xxxxxxxxxx, XX 00000
Please list the name of each Customer and its unique tax identification number below (attach additional pages if necessary):
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| Name | Tax ID | ||||
| AI Powered Equity ETF | 00-0000000 | ||||
| BlueStar TA-BIGITech Israel Technology ETF | 00-0000000 | ||||
| Etho Climate Leadership U.S. ETF | 00-0000000 | ||||
| ETFMG Alternative Harvest ETF | 00-0000000 | ||||
| ETFMG U.S. Alternative Harvest ETF | |||||
| ETFMG Prime Cyber Security ETF | 00-0000000 | ||||
| ETFMG Prime Mobile Payments ETF | 00-0000000 | ||||
| ETFMG Travel Tech ETF | 00-0000000 | ||||
| ETFMG Treatments, Testing and Advancements ETF | 00-0000000 | ||||
| ETFMG Video Game Tech ETF | 00-0000000 | ||||
| Wedbush ETFMG Global Cloud Technology ETF | 00-0000000 | ||||
By:
Name:
Title:
Date:
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