THIRD AMENDMENT TO MASTER CUSTODIAN AGREEMENT
XXXXXXXXX INVESTMENT TRUST 485BPOS
Exhibit 99.(g)(4)
THIRD AMENDMENT TO MASTER CUSTODIAN AGREEMENT
This Third Amendment to Master Custodian Agreement (the “Amendment”) is entered into as of the 20th day of December, 2023 and effective as of the 1st day of January, 2024 (the “Effective Date”), amending the Agreement (as defined below), by and between each management investment company identified on Appendix A hereto and each management investment company which becomes a party to the Agreement in accordance with the terms thereof (in each case, a “Fund”), including, if applicable, each series of a Fund identified on Appendix A and each series which becomes a party to the Agreement in accordance with the terms thereof, and State Street Bank and Trust Company, a Massachusetts trust company (the “Custodian” and, together with the Funds, the “Parties” and each, a “Party”).
W I T N E S S E T H:
WHEREAS, the Parties have entered into that certain Master Custodian Agreement, dated as of April 12, 2018 and effective as of January 1, 2018, as amended by that certain (i) Amendment to Custodian Agreement, dated as of May 29, 2019 and effective as of June 3, 2019, and (ii) Second Amendment to Custodian Agreement, dated as of December 21, 2020 (collectively, and as may be further amended, supplemented or otherwise modified from time to time, the “Agreement”), pursuant to which each Fund has retained the Custodian to provide certain custodial services relating to securities and other assets of the Funds; and
WHEREAS, the Parties desire to amend the Agreement to extend the term of the Agreement, as more fully set forth herein.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. Amendments to the Agreement.
(a) The first sentence of Section 16.1 of the Agreement, Term, is hereby restated in its entirety as follows:
“This Agreement shall remain in full force and effect for an initial term ending on [January 1, 2027].”
(b) Appendix A to the Agreement shall be replaced in its entirety by the Appendix A attached hereto and incorporated herein by this reference.
2. Representations and Warranties. By signing below, each Fund hereby confirms, as of the date hereof, its representations and warranties set forth in Section 20.7.1 of the Agreement.
3. Defined Terms. Terms used in this Amendment but not defined herein shall have the meanings ascribed to them in the Agreement.
4. One Agreement. Except as amended herein, no other terms or provisions of the Agreement are amended or modified by this Amendment. Upon the execution of this Amendment, this Amendment and the Agreement shall form one agreement.
5. Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed to be an original, and all such counterparts taken together shall constitute one and the same Amendment. Counterparts may be executed in either original or electronically transmitted form (e.g., faxes or emailed portable document format (PDF) form), and the Parties hereby adopt as original any signatures received via electronically transmitted form.
6. Governing Law. This Amendment shall be governed by, and construed in accordance with, the choice of law set forth in the Agreement (excluding the law thereof which requires the application of or reference to the law of any other jurisdiction).
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Information Classification: Limited Access
IN WITNESS WHEREOF, this Amendment has been executed for and on behalf of the undersigned as of the day and year first written above.
EACH OF THE MANAGEMENT INVESTMENT COMPANIES
AND SERIES SET FORTH ON APPENDIX A HERETO
| By: | /s/ Xxxxxx Xxxxxxxx | |
| Name: | Xxxxxx Xxxxxxxx | |
| Title | CFO & Treasurer |
STATE STREET BANK AND TRUST COMPANY
| By: | /s/ Xxxxx Xxxxxxxx | |
| Name: | Xxxxx Xxxxxxxx | |
| Title | Managing Director |
Information Classification: Limited Access
APPENDIX A
MANAGEMENT INVESTMENT COMPANIES REGISTERED WITH THE SEC AND PORTFOLIOS THEREOF, IF ANY
Xxxxxxxxx Investment Trust
Xxxxxxxxx Better World International Fund
Xxxxxxxxx California Limited Term Municipal Fund
Xxxxxxxxx Capital Management Fund
Xxxxxxxxx Core Plus Bond Fund
Xxxxxxxxx Developing World Fund
Xxxxxxxxx Emerging Markets Managed Account Fund
Xxxxxxxxx Global Opportunities Fund
Xxxxxxxxx Intermediate Municipal Fund
Xxxxxxxxx International Equity Fund
Xxxxxxxxx International Growth Fund
Xxxxxxxxx Investment Income Builder Fund
Xxxxxxxxx Limited Term Income Fund
Xxxxxxxxx Limited Term Municipal Fund
Xxxxxxxxx Limited Term U.S. Government Fund
Xxxxxxxxx Municipal Managed Account Fund
Xxxxxxxxx New Mexico Intermediate Municipal Fund
Xxxxxxxxx New York Intermediate Municipal Fund
Xxxxxxxxx Short Duration Municipal Fund
Xxxxxxxxx Small/Mid Cap Core Fund
Xxxxxxxxx Small/Mid Cap Growth Fund
Xxxxxxxxx Strategic Income Fund
Xxxxxxxxx Strategic Municipal Income Fund
Xxxxxxxxx Summit Fund
Xxxxxxxxx Ultra Short Income Fund
Information Classification: Limited Access
