FORM OF AMENDMENT TO FOREIGN CUSTODY MANAGER AGREEMENT
Exhibit g.2.e
EXECUTION
FORM OF AMENDMENT
TO
FOREIGN CUSTODY MANAGER AGREEMENT
This Amendment (“Amendment”) dated March 8, 2019 is by and between Virtus Alternative Solutions Trust, Virtus Equity Trust, Virtus Opportunities Trust, Virtus Asset Trust, Virtus Retirement Trust, Virtus Variable Insurance Trust, Duff & Xxxxxx Select MLP and Midstream Energy Fund Inc., Virtus Total Return Fund Inc., Virtus Global Dividend and Income Fund, Inc. and Virtus Global Multi-Sector Income Fund (each, the “Fund” and collectively, the “Funds”) and The Bank of New York Mellon (“BNY Mellon”).
BACKGROUND:
A. | BNY Mellon and the Virtus Alternative Solutions Trust entered into a Foreign Custody Manager Agreement dated as of March 21, 2014, as amended (the “FCM Agreement”) relating to BNY Mellon’s provision of foreign custody services. |
B. | A Joinder to Foreign Custody Manager Agreement was entered into among the parties on December 1, 2018 and effective as of September 11, 2017 for the purpose of adding certain Funds. |
C. | This Background section is incorporated by reference into and made a part of this Amendment. |
TERMS:
The parties hereby agree that:
1. | Article VI Section 3 of the FCM Agreement is hereby amended by deleting the address “000 Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000” and replacing it with “Xxx Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000.” |
2. | Annex I to the FCM Agreement is hereby deleted in its entirety and replaced with Annex I attached hereto. |
3. Miscellaneous.
(a) | Capitalized terms not defined in this Agreement shall have the same meanings as set forth in the FCM Agreement. In the event of a conflict between the terms hereof and the FCM Agreement this Agreement shall control. |
(b) | As hereby amended and supplemented, the FCM Agreement shall remain in full force and effect. |
EXECUTION
(c) | The FCM Agreement, as supplemented hereby, constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior communications with respect thereto. |
(d) | This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The facsimile signature of any party to this Agreement shall constitute the valid and binding execution hereof by such party. |
(e) | This Agreement shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. |
[Signature page follows]
EXECUTION
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers designated below on the date and year first above written.
VIRTUS ALTERNATIVE SOLUTIONS TRUST
VIRTUS EQUITY TRUST
VIRTUS OPPORTUNITIES TRUST
VIRTUS ASSET TRUST
VIRTUS RETIREMENT TRUST
VIRTUS VARIABLE INSURANCE TRUST
DUFF & XXXXXX SELECT MLP AND MIDSTREAM ENERGY FUND INC.
VIRTUS TOTAL RETURN FUND INC.
VIRTUS GLOBAL DIVIDEND AND INCOME FUND, INC.
VIRTUS GLOBAL MULTI-SECTOR INCOME FUND
By: _____________ ________________
Name:_____________________________
Title: _____________ ________________
THE BANK OF NEW YORK MELLON
By:________________________________
Name: _____________________________
Title: ______________________________
EXECUTION
ANNEX I
THIS ANNEX I, dated as of March 8, 2019, is the Annex I to that certain Foreign Custody Manager Agreement dated as of March 21, 2014, as amended, between each investment company on Annex I and The Bank of New York Mellon.
List of Funds and Series123
Fund: VIRTUS ALTERNATIVE SOLUTIONS TRUST
Series:
Virtus Aviva Multi-Strategy Target Return Fund
Xxxxxx Xxxx & Xxxxxx Select MLP and Energy Fund
Virtus KAR Long/Short Equity Fund
Virtus Newfleet Credit Opportunities Fund
Fund: VIRTUS EQUITY TRUST
Series:
Virtus KAR Capital Growth Fund1
Virtus KAR Global Quality Dividend Fund1
Virtus KAR Mid-Cap Core Fund1
Virtus KAR Mid-Cap Growth Fund1
Virtus KAR Small-Cap Core Fund1
Virtus KAR Small-Cap Growth Fund1
Virtus KAR Small-Cap Value Fund1
Virtus KAR Small-Mid Cap Core Fund
Virtus Rampart Enhanced Core Equity Fund2
Virtus SGA Global Growth Fund[4]
Virtus Tactical Allocation Fund1
Fund: VIRTUS OPPORTUNITIES TRUST
Series:
Xxxxxx Xxxx & Xxxxxx Global Infrastructure Fund1
Xxxxxx Xxxx & Xxxxxx Global Real Estate Securities Fund1
Xxxxxx Xxxx & Xxxxxx International Real Estate Securities Fund1
Xxxxxx Xxxx & Xxxxxx Real Estate Securities Fund1
Xxxxxx Xxxxxxxx Fund1
Virtus Horizon Wealth Masters Fund1
Virtus KAR Emerging Markets Small-Cap Fund1
1 As of conversion September 11, 2017
2 As of conversion September 25, 2017
3 As of conversion October 9, 2017
4 Effective on or about May 3, 2019
EXECUTION
Virtus KAR International Small-Cap Fund1
Virtus Newfleet Bond Fund2
Virtus Newfleet CA Tax-Exempt Bond Fund2
Virtus Newfleet High Yield Fund2
Virtus Newfleet Low Duration Income Fund2
Virtus Newfleet Multi-Sector Intermediate Bond Fund2
Virtus Newfleet Multi-Sector Short Term Bond Fund2
Virtus Newfleet Senior Floating Rate Fund2
Virtus Newfleet Tax-Exempt Bond Fund2
Virtus Rampart Alternatives Diversifier Fund (formerly, Virtus Alternatives Diversifier Fund)1
Virtus Rampart Equity Trend Fund (formerly, Virtus Equity Trend Fund)1
Virtus Rampart Multi-Asset Trend Fund (formerly, Virtus Multi-Asset Trend Fund)1
Virtus Rampart Sector Trend Fund (formerly, Virtus Sector Trend Fund)1
Xxxxxx Xxxxxxxx Emerging Markets Opportunities Fund2
Xxxxxx Xxxxxxxx Foreign Opportunities Fund2
Xxxxxx Xxxxxxxx Global Opportunities Fund2
Xxxxxx Xxxxxxxx Greater European Opportunities Fund2
Fund: VIRTUS ASSET TRUST
Series:
Virtus Ceredex Large-Cap Value Equity Fund3
Virtus Ceredex Mid-Cap Value Equity Fund3
Virtus Ceredex Small-Cap Value Equity Fund3
Virtus Seix Core Bond Fund3
Virtus Seix Corporate Bond Fund3
Virtus Seix Floating Rate High Income Fund3
Virtus Seix Georgia Tax-Exempt Bond Fund3
Virtus Seix High Grade Municipal Bond Fund3
Virtus Seix High Income Fund3
Virtus Seix High Yield Fund3
Virtus Seix Investment Grade Tax-Exempt Bond Fund3
Virtus Seix North Carolina Tax-Exempt Bond Fund3
Virtus Seix Short-Term Bond Fund3
Virtus Seix Short-Term Municipal Bond Fund3
Virtus Seix Total Return Bond Fund3
Virtus Seix U.S. Mortgage Fund3
Virtus Seix U.S. Government Securities Ultra-Short Bond Fund3
Virtus Seix Ultra-Short Bond Fund3
Virtus Seix Virginia Intermediate Municipal Bond Fund3
Virtus Silvant Large-Cap Growth Stock Fund3
Virtus Silvant Small-Cap Growth Stock Fund3
Xxxxxx Xxxxxxxxxxx Innovative Growth Stock Fund3
Virtus WCM International Equity Fund3
EXECUTION
Fund: VIRTUS RETIREMENT TRUST
Series:
None
Fund: VIRTUS VARIABLE INSURANCE TRUST
Series:
Xxxxxx Xxxx & Xxxxxx International Series1
Xxxxxx Xxxx & Xxxxxx Real Estate Securities Series1
Virtus KAR Capital Growth Series1
Virtus KAR Small-Cap Growth Series1
Virtus KAR Small-Cap Value Series1
Virtus Newfleet Multi-Sector Intermediate Bond Series2
Virtus Rampart Enhanced Core Equity Series2
Virtus Strategic Allocation Series1
Fund: | DUFF & XXXXXX SELECT MLP AND MIDSTREAM ENERGY FUND INC. (formerly, Duff & Xxxxxx Select Energy MLP Fund Inc.) |
Fund: | VIRTUS TOTAL RETURN FUND INC. |
Fund: | VIRTUS GLOBAL DIVIDEND AND INCOME FUND, INC. |
Fund: | VIRTUS GLOBAL MULTI-SECTOR INCOME FUND |