PROPOSED AMENDMENT,
DATED NOVEMBER 15, 2004,
TO
TRANSFER AGENCY AND SERVICE AGREEMENT
BETWEEN RYDEX ETF TRUST
AND THE BANK OF NEW YORK,
DATED FEBRUARY 28, 2003,
AS AMENDED
PROPOSED AMENDMENT
PROPOSED AMENDMENT made as of November 15, 2004 to the Transfer Agency
and Service Agreement dated April 23, 2003, and as amended, between Rydex ETF
Trust (the "Fund") and The Bank of New York ("Servicer").
W I T N E S S E T H :
WHEREAS, the Fund and Servicer desire to amend the Service Agreement to
reflect the Fund's Board of Trustees' delegation of the implementation of the
Fund's Anti-Money Laundering Program to the Servicer;
NOW, THEREFORE, the Fund and Servicer hereby agree as follows:
A. The following new item (xiii) to section 1.2 is hereby added to the
Service Agreement:
1.2 The Bank agrees that it will perform the following services:
* * * * *
(xiii) Implement the Trust's Anti-Money Laundering Program
and monitoring compliance with the Anti-Money
Laundering and Foreign Asset Compliance Policy and
Procedures.
B. Each party represents to the other that this Proposed Amendment has
been duly executed.
C. This Proposed Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original, but such
counterparts, shall, together, constitute only one amendment.
2
IN WITNESS WHEREOF, the Fund and Servicer have caused this Proposed Amendment to
be executed in their names and on their behalf by their respective and
duly-authorized officers as of the day and year first above written.
RYDEX ETF TRUST
/s/ XXXX X. XXXXXXXXXXX
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By: Xxxx X. Xxxxxxxxxxx
Title: President
THE BANK OF NEW YORK
/s/ XXXX XXXXXXX
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By: Xxxx Xxxxxxx
Title: Vice President