AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT
AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT
AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT (“Amendment”) is made effective as of the 27 day of July, 2018 (the “Effective Date”), by and between Xxxxxxxxxxx ETF Trust (f/k/a Xxxxxxxxxxx Revenue Weighted ETF Trust) (“Client”), on behalf of its series listed on Exhibit A hereto, as amended, separately and not jointly (each a “Lender” and collectively the “Lenders”) and The Bank of New York Mellon (“Bank”).
WHEREAS, Client and Bank have entered into a certain Securities Lending Authorization Agreement dated as of May 23, 2012 (as amended, modified or supplemented from time to time, the “Agreement”);
WHEREAS, Xxxxxxxxxxx Revenue Weighted ETF Trust is now known as Xxxxxxxxxxx ETF Trust; and
WHEREAS, Client and Bank desire to amend the Agreement in certain respects as hereinafter provided:
NOW, THEREFORE, the parties hereto, each intending to be legally bound, do hereby agree as follows:
1. The Agreement is hereby amended by deleting Exhibit A therefrom in its entirety and substituting in lieu thereof a new Exhibit A identical to that which is attached hereto as Attachment 1.
2. Except as expressly amended hereby, all of the provisions of the Agreement shall continue in full force and effect; and are hereby ratified and confirmed in all respects. Upon the effectiveness of this Amendment, all references in the Agreement to “this Agreement” (and all indirect references such as “herein”, “hereby”, “hereunder” and “hereof”) shall be deemed to refer to the Agreement as amended by this Amendment.
3. This Amendment may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute but one agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date set forth above.
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THE BANK OF NEW YORK MELLON
By: /s/ Xxxx Xxxx _ Name: Xxxx Levy_____ _ Title: Director, Securities Finance _ |
Xxxxxxxxxxx
ETF Trust, on behalf
By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Assistant Secretary
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By: /s/ Xxxxx X. Xxx _ Name: Xxxxx X. Xxx _ Title: Managing Director, Securities Finance |
ATTACHMENT 1
TO AMENDMENT TO
SECURITIES LENDING AUTHORIZATION AGREEMENT
which Amendment is made and effective as of July 27, 2018
EXHIBIT A
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Lenders
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Tax ID
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| Xxxxxxxxxxx S&P 500 Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx S&P XxxXxx 400 Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx S&P SmallCap 600 Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx S&P Financials Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx S&P Ultra Dividend Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx ESG Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx Global ESG Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx Emerging Markets Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx Global Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx International Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx Xxxxxxx 1000 Low Volatility Factor ETF | 00-0000000 | |||
| Xxxxxxxxxxx Xxxxxxx 0000 Momentum Factor ETF | 00-0000000 | |||
| Xxxxxxxxxxx Xxxxxxx 0000 Quality Factor ETF | 00-0000000 | |||
| Xxxxxxxxxxx Xxxxxxx 0000 Size Factor ETF | 00-0000000 | |||
| Xxxxxxxxxxx Xxxxxxx 0000 Value Factor ETF | 00-0000000 | |||
| Xxxxxxxxxxx Xxxxxxx 1000 Yield Factor ETF | 00-0000000 | |||
| Xxxxxxxxxxx Xxxxxxx 0000 Dynamic Multifactor ETF | 00-0000000 | |||
| Xxxxxxxxxxx Xxxxxxx 0000 Dynamic Multifactor ETF | 00-0000000 | |||
| Xxxxxxxxxxx Emerging Markets Ultra Dividend Revenue ETF | 00-0000000 | |||
| Xxxxxxxxxxx International Ultra Dividend Revenue ETF | 00-0000000 | |||
