AMENDMENT TO CUSTODY AGREEMENT
EXECUTION
AMENDMENT
TO
This Amendment is an amendment to the Custody Agreement between The Bank of New York Mellon (“BNY Mellon”) and each investment company identified on Appendix I thereto (each a “Customer”) dated as of June 1, 2023 (the “Agreement”).
The effective date of this Amendment is as of January 6, 2025.
TERMS:
Intending to be legally bound, BNY Mellon and each Customer hereby agree as follows:
1. | Appendix I of the Agreement is hereby amended and restated in its entirety as set forth in Appendix I to this Amendment. |
2. | The parties hereto 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 will 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, will 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. |
Each party hereto has caused this Amendment to be executed 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.
[signature page to follow]
EXECUTION
Agreed: | ||||||||||
Each Customer set forth on | The Bank of New York Mellon | |||||||||
Appendix I attached hereto, | ||||||||||
severally and not jointly | ||||||||||
By: | /s/ Xxxx Xxxxx |
By: | /s/ Xxxxxx Xxxxxxxx | |||||||
Name: | Xxxx Xxxxx | Name: | Xxxxxx Xxxxxxxx | |||||||
Title: | Secretary | Title: | Director |
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EXECUTION
APPENDIX I
CUSTOMER |
SERIES | |
The Xxxxx Funds | Xxxxx 35 Fund Xxxxx Capital Appreciation Fund Xxxxx Growth & Income Fund Xxxxx Health Sciences Fund Xxxxx International Opportunities Fund (f/k/a Xxxxx International Focus Fund) Alger Mid Cap Focus Fund Xxxxx Mid Cap Growth Fund Xxxxx Small Cap Focus Fund Xxxxx Small Cap Growth Fund Xxxxx Xxxxxxxxxx Specialized Growth Fund Xxxxx Concentrated Equity Fund Xxxxx XX Enablers & Adopters Fund | |
The Xxxxx Funds II | Xxxxx Dynamic Opportunities Fund Xxxxx Emerging Markets Fund Xxxxx Responsible Investing Fund Xxxxx Spectra Fund | |
The Xxxxx Institutional Funds | Xxxxx Capital Appreciation Institutional Fund Xxxxx Focus Equity Fund Xxxxx Mid Cap Growth Institutional Fund Xxxxx Small Cap Growth Institutional Fund | |
Xxxxx Global Equity Fund (f/k/a Xxxxx Global Focus Fund) |
N/A | |
The Xxxxx Portfolios | Xxxxx Balanced Portfolio Xxxxx Capital Appreciation Portfolio Xxxxx Growth & Income Portfolio Alger Large Cap Growth Portfolio Alger Mid Cap Growth Portfolio Xxxxx Small Cap Growth Portfolio | |
The Xxxxx ETF Trust | Xxxxx 35 ETF Xxxxx Mid Cap 40 ETF Xxxxx Xxxxxxxxxx Enduring Growth ETF Xxxxx Concentrated Equity ETF Xxxxx XX Enablers & Adopters ETF Xxxxx Xxxxxxx Innovation ETF |
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