FORM OF OPINIONAgreement and Plan of Reorganization • November 4th, 2024 • BNY Mellon ETF Trust II
Re: Agreement and Plan of Reorganization, dated as of [DATE], 2025 (the “Agreement”), by and among (i) BNY Mellon Investment Funds IV, Inc., a Maryland corporation (the “Fund Company”), on behalf of its series, BNY Mellon Tax Managed Growth Fund (the “Mutual Fund,”), (ii) BNY Mellon ETF Trust II (the “ETF Trust”), a Massachusetts business trust, on behalf of its series, BNY Mellon Concentrated Growth ETF (the “Acquiring ETF”), and (iii) BNY Mellon Investment Adviser, Inc., a New York corporation, solely for purposes of paragraph 9.3 of the Agreement.
FIRST AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • November 4th, 2024 • BNY Mellon ETF Trust II
This First Amendment (“Amendment”) is made as of October 22, 2024 (“Effective Date”), by and among BNY Mellon ETF Trust II (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Section 2 of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
FIRST AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • November 4th, 2024 • BNY Mellon ETF Trust II
This First Amendment (“Amendment”) is made as of October 22, 2024 (“Effective Date”), by and between each Trust listed on the signature page hereto (each a “Fund”, and collectively the “Funds” as applicable), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Sections 6(d), 7, 11 and 15(c) of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
FIRST AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • November 4th, 2024 • BNY Mellon ETF Trust II
This First Amendment (“Amendment”) is made as of October 22, 2024 (“Effective Date”), by and among BNY Mellon ETF Trust II (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Section 12.1 of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
