AMENDMENT TO CUSTODY AGREEMENT
Exhibit (g)(2)
AMENDMENT
TO
This Amendment (“Amendment”) is made
as of the ___ day of_________ , 2014, by and between ETF SERIES TRUST (formerly, Sage Quant ETF Trust) (the “Trust”)
and each series of the Trust listed on Schedule II attached to the Agreement (as defined below) (each a “Series” and
collectively, the “Series”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”). This Amendment is effective
as of , 2014 (the
“Effective Date”).
BACKGROUND:
| A. | BNY Mellon and the Trust entered into a Custody Agreement dated as of September 2, 2013, as amended to date, (the “Agreement”) relating to BNY Mellon’s provision of services to the Trust on behalf of its Series. | |
| B. | The parties desire to amend the Agreement as set forth herein. | |
| TERMS: | ||
The parties hereby agree that:
| 1. | All references to “Sage Quant ETF Trust” in the Agreement are hereby deleted and replaced with “ETF Series Trust”. |
| 2. | Article X, section 3 of the Agreement is hereby deleted and replaced in its entirety with the following: |
“3. Any notice or other instrument in writing, authorized or required by this Agreement to be given to the Trust shall be sufficiently given if addressed to the Trust and received by it at its offices at c/o Recon Capital Advisors, LLC, 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxx, Xxxxxxxxxxx 00000, or at such other place as the Trust may from time to time designate in writing.”
| 3. | Schedule II of the Agreement is hereby deleted and replaced in its entirety with Schedule II attached hereto. |
| 4. | Miscellaneous. |
| (a) | Capitalized terms not defined in this Amendment shall remain in full force and effect. In the event of a conflict between the terms hereof |
and the Agreement, as to services described in this Amendment, this Amendment shall control.
| (b) | As hereby amended and supplemented, the Agreement shall remain in full force and effect. In the event of a conflict between the terms hereof and the Agreement, as to services described in this Amendment, this Amendment shall control. |
| (c) | The Agreement, as amended 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 Amendment 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 Amendment shall constitute the valid and binding execution hereof by such party. |
| (e) | This Amendment shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. |
[Signature page follows.]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers designated below on the date and year first above written.
On behalf of each Series identified on Schedule II attached to the Agreement
By:
Name:
Title:
THE BANK OF NEW YORK MELLON
By:
Name:
Title:
SCHEDULE II
(Amended and Restated as of _____________, 2014)
Recon Capital NASDAQ 100 covered Call
ETF
Recon Capital FTSE 100 ETF
Recon Capital DAX Germany ETF
