AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Exhibit (h)(12)
AMENDMENT TO
FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
This Amendment (the “Amendment”) is made as of March 8, 2022 (“Effective Date”) by and between EXCHANGE LISTED FUNDS TRUST (the “Trust”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”).
BACKGROUND:
| A. | WHEREAS, the Trust and BNY Mellon are parties to a Fund Administration and Accounting Agreement dated as of June 19, 2015, as amended (the “Agreement”); |
| B. | WHEREAS, the Trust and BNY Mellon desire to amend the Agreement as described in this Amendment; |
| C. | WHEREAS, capitalized terms used in this Amendment shall have the meanings set forth in the Agreement unless otherwise defined herein, and all forms and rules referenced herein are in reference to forms and rules promulgated under the Investment Company Act of 1940, as amended; and |
| D. | WHEREAS, the Trust and BNY Mellon desire to amend the Agreement with respect to the foregoing; |
TERMS:
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree as follows:
| 1. | Exhibit A to the Agreement is hereby deleted and replaced in its entirety with Exhibit A attached hereto. |
| 2. | Miscellaneous. |
| (a) | As hereby amended and supplemented, the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control with respect to the services described herein. |
| (b) | The parties expressly agree that this Amendment may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of this Amendment, by a manual signature on a copy of this Amendment transmitted by facsimile transmission, by a manual signature on a copy of this Amendment transmitted as an imaged document attached to an email, or by “Electronic Signature”, which is hereby defined to mean inserting an image, representation or symbol of a signature into an electronic copy of this Amendment by electronic, digital or other technological methods. Each counterpart executed in accordance with the foregoing shall be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment or of executed signature pages to counterparts of this Amendment, in either case by facsimile transmission or as an imaged document attached to an email transmission, shall constitute effective execution and delivery of this Amendment and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment. |
| (c) | If any provision or provisions of this Amendment shall be held to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. |
(Signature page follows.)
1
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed as of the Effective Date by its duly authorized representative indicated below. An authorized representative, if executing this Amendment by Electronic Signature, affirms authorization to execute this Amendment by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment and an agreement with its terms.
| EXCHANGE LISTED FUNDS TRUST | ||
| By: | /s/ X. Xxxxxxx Xxxxxxx | |
| On behalf of each series identified at Exhibit A to the Agreement | ||
| Name: | X. Xxxxxxx Xxxxxxx | |
| Title: | President | |
| THE BANK OF NEW YORK MELLON | ||
| By: | /s/ Xxxxxx X. Xxxxxx | |
| Name: | Xxxxxx X. Xxxxxx | |
| Title: | Senior Principal & Director | |
2
EXHIBIT A
| Series Name | |
| SABA Closed-End Funds ETF | |
| The High Yield ETF | |
| QRAFT AI-Enhanced US Large Cap ETF | |
| QRAFT AI-Enhanced US Large Cap Momentum ETF | |
| QRAFT AI-Enhanced US High Dividend ETF | |
| QRAFT AI-Enhanced U.S. Next Value ETF | |
| Armor US Equity Index ETF | |
| Cabana Target Drawdown 5 ETF | |
| Cabana Target Drawdown 7 ETF | |
| Cabana Target Drawdown 10 ETF | |
| Cabana Target Drawdown 13 ETF | |
| Cabana Target Drawdown 16 ETF | |
| Cabana Target Leading Sector Series | |
| Cabana Target Leading Sector Conservative ETF | |
| Cabana Target Leading Sector Moderate ETF | |
| Cabana Target Leading Sector Aggressive ETF | |
| Xxxxxxx Road Tactical Opportunity ETF | |
| Gavekal Asia Pacific Government Bond ETF | |
| Asian Growth Cubs ETF | |
| Exchange Listed Funds Trust - Akros Monthly Payout ETF |
3
