FIFTH AMENDMENT to MASTER CUSTODY AGREEMENT
FIFTH AMENDMENT
to
THIS AMENDMENT made effective as of the 9th day of December, 2011 amends that certain Master Custody Agreement, dated as of November 5, 2009, amended September 14, 2010 February 25, 2011, March 15, 2011 and July 18, 2011, between the Funds listed on Exhibit A thereto and The Bank of New York Mellon (the “Master Custody Agreement”) as herein below provided.
W I T N E S S E T H:
WHEREAS, pursuant to Article X, Section 5 of the Master Custody Agreement, the Funds wish to append Schedule II to the Master Custody Agreement to add the Virtus Total Return Fund; and to add Article X Section 11.
NOW, THEREFORE, in consideration of the foregoing premise, the parties to the Master Custody Agreement hereby agree that the Master Custody Agreement is amended as follows:
1. Schedule II to the Master Custody Agreement is attached hereto and made a part hereof.
2. Article X, Section 11 to the Master Custody Agreement is incorporated hereto as follows.
The obligations of the Fund (and Series) entered into in the name or on behalf thereof by any director, trustee, representative, employee or agent thereof are made not individually, but in such capacities, and are not binding upon any of the directors, trustees, shareholders, representatives, employees or agents of the Fund (or Series) personally, but bind only the property of the Fund (or Series), and all persons dealing with the Fund (or Series) must look solely to the property of the Fund (or Series) for the enforcement of any claims against the Fund (or Series). For the avoidance of doubt, it is acknowledged and agreed that the liabilities and obligations of each Fund (or Series) shall be separate and apart from each other Fund (or Series) and under no circumstance shall any Fund (or Series) be liable for the liabilities and obligations of any other Fund (or Series). For the avoidance of doubt, it is acknowledged and agreed that the agreements made herein by the Fund (or Series) bind and obligate only the Fund (or Series) and its assets and no related, affiliated or controlling person of the Fund (or Series) shall have any liability for the debts or obligations of the Fund (or Series) hereunder.
2. Except as herein provided, the Master Custody Agreement shall be and remain unmodified and in full force and effect. All initial capitalized terms used but not defined herein shall have such meanings as ascribed thereto in the Master Custody Agreement.
3. This Amendment may be executed in any number of counterparts (including executed counterparts delivered and exchanged by facsimile transmission) with the same effect as if all signing parties had originally signed the same document, and all counterparts shall be construed together and shall constitute the same instrument. For all purposes, signatures delivered and exchanged by facsimile transmission shall be binding and effective to the same extent as original signatures.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their duly authorized officers.
| VIRTUS EQUITY TRUST | ||
| VIRTUS INSIGHT TRUST | ||
| VIRTUS INSTITUTIONAL TRUST | ||
| VIRTUS OPPORTUNITIES TRUST | ||
| VIRTUS TOTAL RETURN FUND | ||
| By: | /s/ W. Xxxxxxx Xxxxxxx | |
| Name: | W. Xxxxxxx Xxxxxxx | |
| Title: | Chief Financial Officer and Treasurer | |
| THE BANK OF NEW YORK MELLON | ||
| By: | /s/ Xxxx Xxxx Xxxxxx | |
| Name: | Xxxx Xxxx Xxxxxx | |
| Title: | Vice President | |
SCHEDULE II
Series and Effective Dates
| Series | Effective Date (Date Added to Agreement) | |
| Virtus Insight Trust |
||
| Virtus Emerging Markets Opportunities Fund |
November 5, 2009 | |
| Virtus Opportunities Trust |
||
| Virtus Allocator Premium Alphasector Fund |
March 15, 2011 | |
| Virtus Foreign Opportunities Fund |
November 5, 2009 | |
| Virtus Global Commodities Stock Fund |
March 15, 2011 | |
| Virtus Global Infrastructure Fund |
November 5, 2009 | |
| Virtus Global Opportunities Fund |
November 5, 2009 | |
| Virtus Global Premium Alphasector Fund |
March 15, 2011 | |
| Virtus Global Real Estate Securities Fund |
November 5, 2009 | |
| Virtus Greater Asia ex Japan Opportunities Fund |
November 5, 2009 | |
| Virtus Greater European Opportunities Fund |
November 5, 2009 | |
| Virtus International Equity Fund |
September 14, 2010 | |
| Virtus International Real Estate Securities Fund |
November 5, 2009 | |
| Virtus Market Neutral Fund |
February 25, 2011 | |
| Virtus Total Return Fund |
December 9, 2011 | |
