AMENDMENT TO CUSTODY AGREEMENT
AMENDMENT TO CUSTODY AGREEMENT
THIS AMENDMENT TO CUSTODY AGREEMENT (this “Amendment”) is made as of April 1, 2021 by and between XXXXX BROTHERS XXXXXXXX & CO., (“BBH” or the “Custodian”), and GLOBAL X MANAGEMENT COMPANY LLC (“GXMC”). All capitalized terms used but not defined herein shall have the meanings set forth in the Agreement.
WHEREAS, pursuant to a Custody Agreement between GXMC and BBH, dated October 20, 2008, as amended (the “Agreement”), BBH has been appointed as custodian for the Global X Funds (the “Trust”) in accordance with the terms and conditions set forth in the Agreement;
WHEREAS, GXMC serves as investment advisor and administrator to the Trust, and in such capacity has been authorized to engage third parties to provide certain services to the Trust and its series (each a “Fund” and collectively, the “Funds”);
WHEREAS, in accordance with Section 13.4 of the Agreement, BBH and GXMC desire to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, each of BBH and GXMC hereby agree as follows:
1.Section 16 of the Agreement is hereby amended and restate as set forth below.
“16. Termination. This Agreement will continue in effect until March 31, 2026, unless terminated sooner in accordance with this Section 16. This Agreement may be terminated by either party in accordance with the provisions of this Section. The provisions of this Agreement and any other rights or obligations incurred or accrued by any party hereto prior to termination of this Agreement shall survive any termination of this Agreement. Upon termination the Custodian shall take reasonable and customary steps to facilitate transition including, without limitation, the transfer of Trust records.
16.1 Notice and Effect. This Agreement may be terminated by either party by written notice effective no sooner than ninety (90) consecutive calendar days following the date that notice to such effect shall be delivered to the other party at its address set forth in Section 13.6 hereof.”
2.The parties hereto agree that effective as of the date first written above, the Global ETF Custody and Transfer Agency Fee Schedule dated July 2017 is hereby deleted in its entirety and replaced with the attached Global ETF Custody and Transfer Agency Fee Schedule dated April 1, 2021.
3.As amended hereby, all terms and provisions of the Agreement are hereby ratified and affirmed as of the date hereof and are hereby extended to give effect to the terms hereof.
4.This Amendment together with the Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all oral communications and prior writings with respect thereto. Except as expressly modified hereby, the Agreement shall continue in full force and effect in accordance with its terms and conditions.
5.This Amendment may be executed in any number of counterparts each of which shall be deemed to be an original, but all of which together shall constitute one and the same Amendment.
6.This Amendment shall be construed in accordance the governing law and exclusive jurisdiction provisions of the Agreement.
[Signature Page Follows]
IN WITNESS WHEREOF, each of the undersigned parties has executed this Amendment to the Agreement effective as of the date first above written.
XXXXX BROTHERS XXXXXXXX & CO.
By: /s/ Xxxx Xxxxxx
Name: Xxxx Xxxxxx
Title: Managing Director
Date: August 5, 2021
GLOBAL X MANAGEMENT COMPANY LLC
By: /s/ Xxxxx Xxxxxx
Name: Xxxxx Xxxxxx
Title: General Counsel
Date: August 5, 2021
