AMENDMENT TO CUSTODY AGREEMENT
AMENDMENT TO CUSTODY AGREEMENT
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 March 28, 2024.
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.
Agreed: | ||||||
Each Customer set forth on | The Bank Of New York Mellon | |||||
on Appendix I attached hereto, | ||||||
severally and not jointly | ||||||
By: | /s/ Xxxx Xxxxx | By: | /s/ Xxxxxxx Xxxxxxx | |||
Name: | Xxxx Xxxxx | Name: | Xxxxxxx Xxxxxxx | |||
Title: | Secretary | Title: | Senior Vice President |
APPENDIX I
CUSTOMER
|
SERIES
| |
The Xxxxx Funds | Xxxxx 35 Fund
Xxxxx Capital Appreciation Fund
Xxxxx Growth & Income Fund
Xxxxx Health Sciences Fund
Xxxxx International Focus Fund
Xxxxx 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 Focus Fund | N/A
| |
The Xxxxx Portfolios | Xxxxx Balanced Portfolio
Xxxxx Capital Appreciation Portfolio
Xxxxx Growth & Income Portfolio
Xxxxx Large Cap Growth Portfolio
Xxxxx Mid Cap Growth Portfolio
Xxxxx Small Cap Growth Portfolio
| |
The Xxxxx ETF Trust | Xxxxx 35 ETF
Xxxxx Mid Cap 40 ETF
|
2
Xxxxx Xxxxxxxxxx Enduring Growth ETF
Xxxxx Concentrated Equity ETF
Xxxxx XX Enablers & Adopters ETF |
3