Custody Agreement Sample Contracts

New Mountain Guardian III BDC, L.L.C. – CUSTODY AGREEMENT (July 15th, 2019)

THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of July 3, 2019 and is by and between NEW MOUNTAIN GUARDIAN III BDC, L.L.C. (and any successor or permitted assign), a Delaware limited liability corporation, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting hereunder), a national banking association, as custodian (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Custodian”) and as document custodian (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Document Custodian”).

Runway Growth Credit Fund Inc. – DOCUMENT CUSTODY AGREEMENT (June 6th, 2019)

This DOCUMENT CUSTODY AGREEMENT is made and entered into as of May 31, 2019, by and between RUNWAY GROWTH CREDIT FUND INC., a Maryland corporation (the “Borrower”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, organized under the laws of the United States (“U.S. Bank”), as document custodian (the “Document Custodian”) and KEYBANK NATIONAL ASSOCIATION as administrative agent (the “Administrative Agent”).

Vale S.A. – Matching Manual | 2019 Cycle Human Resources Matching Program 2019Cycle Rewarding Long Performance Term Sustainable Human Resources March 2019 1 Important notice: The concession of the Program and the definition of all its conditions are a prerogative of the company. The participation is completely optional and voluntary to employees (the enrollment for Vale’s CEO and Executive Directors is mandatory, according to the Net Bonus received, such as their participation during the three-year cycle), once all of the eligibility criteria are met and all conditions for participation are formally accep (April 2nd, 2019)
America First Multifamily Investors, L.P. – CUSTODY AGREEMENT Between ATAX TEBS I, LLC as Depositor, And THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Custodian Dated as of September 1, 2010 With respect to Custodial Receipts, Series RA and RB relating to the Bonds Identified Herein (February 28th, 2019)

This CUSTODY AGREEMENT, dated as of September 1, 2010 (as amended, modified or supplemented from time to time, this “Agreement”), by and between ATAX TEBS I, LLC, a limited liability company organized and existing under the laws of the State of Delaware, in its capacity as the depositor of the municipal bonds hereinafter described (together with its permitted successors, the “Depositor”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association organized and existing under the laws of the United States of America, not in its individual capacity, but solely in its capacity as the custodian for the holders from time to time of the custodial receipts hereafter described (together with any successor custodian hereunder and their respective successors and assigns, the “Custodian”),

Monroe Capital Income Plus Corp – CUSTODY AGREEMENT dated as of December 12, 2018 by and between MONROE CAPITAL INCOME PLUS CORPORATION (“Company”) and (“Custodian” and “Document Custodian”) (December 14th, 2018)
Blackstone / GSO Secured Lending Fund – CUSTODY AGREEMENT (October 1st, 2018)

This Agreement is made as of September 14, 2018 by and between GSO Asset Management LLC, a limited liability company organized under the laws of the State of Delaware (“GSO”), on behalf of Blackstone / GSO Secured Lending Fund (the “Fund”), a statutory trust organized under the laws of the State of Delaware that will elect to be regulated as a business development company (“BDC”) under the Investment Company Act of 1940, as amended (the “1940 Act”), and UMB Bank, n.a., a national banking association with its principal place of business located in Kansas City, Missouri (the “Custodian”).

ProShares Trust II – FORM OF CUSTODY AGREEMENT (September 26th, 2018)

AGREEMENT, dated as of September     , 2018 and effective as of October 1, 2018, by and between ProShares Trust II, a Delaware statutory trust, having its principal office and place of business at 7501 Wisconsin Avenue, Suite 1000E, Bethesda, MD 20814 (the “Trust”), on behalf of its series listed on Schedule II hereto and all future series of the Trust, and The Bank of New York Mellon, a New York corporation authorized to do a banking business, having its principal office and place of business at 225 Liberty Street, New York, New York 10286 (“Custodian”).

America First Multifamily Investors, L.P. – SUBORDINATE BONDS CUSTODY AGREEMENT (August 9th, 2018)

THIS SUBORDINATE BONDS CUSTODY AGREEMENT (this “Custody Agreement”), dated as of August 1, 2018, is between U.S. BANK NATIONAL ASSOCIATION (the “Custodian”), a national banking association, not in its individual capacity, but solely in its capacity as custodian for the Federal Home Loan Mortgage Corporation (“Freddie Mac”), AMERICA FIRST MULTIFAMILY INVESTORS, L.P. (the “Depositor”), a limited partnership organized and existing under the laws of the State of Delaware and acknowledged, accepted and agreed to by ATAX TEBS IV, LLC, a limited liability company organized and existing under the laws of the State of Delaware (the "Sponsor").

Oaktree Strategic Income II, Inc. – CUSTODY AGREEMENT by and between OAKTREE STRATEGIC INCOME II, INC. and THE BANK OF NEW YORK MELLON (August 3rd, 2018)

CUSTODY AGREEMENT, dated as of the latest date set forth on the signature page hereto, between OAKTREE STRATEGIC INCOME II, INC., a corporation organized under the laws of Delaware (the “Fund”) and THE BANK OF NEW YORK MELLON, a bank organized under the laws of the state of New York (the “Custodian”).

World Gold Trust – AMENDMENT TO CUSTODY AGREEMENT (U.S. Dollar Only) (June 13th, 2018)

WHEREAS, World Gold Trust (the “Trust”), a Delaware statutory trust organized in series (each, a “Fund and collectively, the “Funds”), and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“Custodian”), have heretofore entered into a Custody Agreement (U.S. Dollar Only) (“Agreement”), dated as of January 5, 2017; and

Mvc Capital, Inc. – AMENDED AND RESTATED CUSTODY AGREEMENT (June 11th, 2018)

THIS AGREEMENT is made and entered into as of April 30, 2018 by and between MVC CAPITAL, INC., a Delaware corporation, (the “Fund”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).

World Gold Trust – FORM OF AMENDMENT TO CUSTODY AGREEMENT (U.S. Dollar Only) (May 4th, 2018)

WHEREAS, World Gold Trust (the “Trust”), a Delaware statutory trust organized in series (each, a “Fund and collectively, the “Funds”), and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“Custodian”), have heretofore entered into a Custody Agreement (U.S. Dollar Only) (“Agreement”), dated as of January 5, 2017; and

BC Partners Lending Corp – CUSTODY AGREEMENT dated as of March 20, 2018 by and among BC PARTNERS LENDING CORPORATION (“Company”) and U.S. BANK NATIONAL ASSOCIATION (“Custodian” and “Document Custodian”) (April 23rd, 2018)

This CUSTODY AGREEMENT (this “Agreement”) is dated as of March 20, 2018 and is by and between BC PARTNERS LENDING CORPORATION(and any successor or permitted assign, the “Company”), a corporation organized under the laws of the state of Maryland, having its principal place of business at 650 Madison Avenue, New York, NY 10022, and U.S. BANK NATIONAL ASSOCIATION (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association having a place of business at One Federal Street, Boston, MA 02110 and the Custodian in its capacity as document custodian (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Document Custodian”).

ETF Managers Group Commodity Trust I – AMENDMENT NO. 1 TO CUSTODY AGREEMENT (March 7th, 2018)

THIS AGREEMENT is made and entered into as of this 26th day of January, 2018 by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), ETF MANAGERS CAPITAL LLC, the sponsor of the Trust (“Sponsor”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

ETF Managers Group Commodity Trust I – FORM OF AMENDMENT NO. 1 TO CUSTODY AGREEMENT (January 26th, 2018)

THIS AGREEMENT is made and entered into as of this [    ] day of [           ], 2018 by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), ETF MANAGERS CAPITAL LLC, the sponsor of the Trust (“Sponsor”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

Stellus Capital Investment Corp – CUSTODY AGREEMENT (November 7th, 2017)

Stellus Capital Investment Corporation (the “Company”) and any its wholly owned subsidiaries identified by the Company to the Custodian (the “Subsidiaries”) are depositing with ZB, National Association, dba Amegy Bank, as Custodian, hereinafter referred to as the "Custodian", certain Securities (as defined below) and cash owned by the Company and the Subsidiaries (as applicable). The Company and its Subsidiaries are hereinafter together referred to as the “Customer". The Customer directs that the Custodian hold the Securities and cash in custody and perform services in connection therewith, in accordance with the following:

KKR Income Opportunities Fund – FIRST AMENDMENT TO THE KKR INCOME OPPORTUNITIES FUND CUSTODY AGREEMENT (October 19th, 2017)

THIS FIRST AMENDMENT, effective as of July 15, 2016, to the Custody Agreement, dated as of July 16, 2013 (the “Agreement”), is entered into by and between KKR INCOME OPPORTUNITIES FUND, a Delaware statutory trust (the “Fund”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

ETF Managers Group Commodity Trust I – FORM OF FIRST AMENDMENT TO CUSTODY AGREEMENT (October 6th, 2017)

THIS AGREEMENT is made and entered into as of this _____ day of October, 2017 by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

Golub Capital BDC 3, Inc. – CUSTODY AGREEMENT dated as of September 29, 2017 by and between GOLUB CAPITAL BDC 3, INC. (“Company”) and U.S. BANK NATIONAL ASSOCIATION (“Custodian”) (September 29th, 2017)

THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of September 29, 2017 and is by and between GOLUB CAPITAL BDC 3, INC. (or any successor or permitted assign, the “Company”), a corporation organized under the laws of the State of Maryland, having its principal place of business at 666 Fifth Avenue, 18th Floor, New York, NY 10103, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association having a place of business at 8 Greenway Plaza, Suite 1100, Houston TX 77046.

Golub Capital BDC 3, Inc. – DOCUMENT CUSTODY AGREEMENT GOLUB CAPITAL BDC 3, INC. Company each wholly-owned subsidiary of the Company that has executed a Joinder each, a Subsidiary and Dated as of September 29, 2017 (September 29th, 2017)

This DOCUMENT CUSTODY AGREEMENT (the “Agreement”) is made and entered into as of September 29, 2017, by and among Golub Capital BDC 3, Inc. (the “Company”), a corporation organized under the laws of the state of Maryland, and each wholly-owned subsidiary of the Company that has executed a Joinder (as defined below) (each, a “Subsidiary”) and U.S. Bank National Association, a national banking association, organized under the laws of the United States, as document custodian (the “Document Custodian”).

CM Finance Inc – CUSTODY AGREEMENT dated as of August 31, 2017 by and among CM FINANCE INC (“Company”) and U.S. BANK NATIONAL ASSOCIATION (“Custodian” and “Document Custodian”) (September 6th, 2017)

This CUSTODY AGREEMENT (this “Agreement”) is dated as of August 31, 2017, and is by and between CM FINANCE INC (and any successor or permitted assign, the “Company”), a corporation organized under the laws of the State of Maryland, having its principal place of business at 601 Lexington Avenue, Floor 26, Suite C, New York, NY 10022, U.S. BANK NATIONAL ASSOCIATION (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association having a place of business at One Federal Street, Third Floor, Boston, MA 02110 and the Custodian in its capacity as document custodian (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Document Custodian”).

Flat Rock Capital Corp. – CUSTODY AGREEMENT (May 1st, 2017)

THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of April   , 2017 and is by and between Flat Rock Capital Corp. (and any successor or permitted assign), a corporation organized under the laws of the [              ], and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association.

Siguler Guff Small Business Credit Opportunities Fund, Inc – SUPPLEMENT TO CUSTODY AGREEMENT (March 31st, 2017)

This Supplement (this “Supplement”) to the Citi Private Bank Preferred Custody Services Account Application and Terms & Conditions (together, the “Custody Agreement”), is made and entered into as of the 8th day of June, 2015, by and between Siguler Guff Small Business Credit Opportunities Fund, Inc. [Account Number: 25D105309768] (the “Client”) and Citibank, N.A. (the “Bank”). Notwithstanding any provision of the Custody Agreement, the following provisions shall apply with full force and effect as if contained in the Custody Agreement. Except as set forth herein, the Custody Agreement shall remain in full force and effect. In the event of a conflict between any provision of the Custody Agreement and this Supplement, the provisions of this Supplement shall control.

Winklevoss Bitcoin Trust – GEMINI TRUST COMPANY, LLC TRUST CUSTODY AGREEMENT (February 8th, 2017)
SolidX Bitcoin Trust – CUSTODY AGREEMENT (February 3rd, 2017)

AGREEMENT, dated as of December    , 2016 by and between SOLIDX BITCOIN TRUST (hereinafter the “Trust”), a Delaware statutory trust, having its principal office and place of business at 200 Park Avenue, New York, New York 10166 and The Bank of New York Mellon, a New York corporation authorized to do a banking business, having its principal office and place of business at 225 Liberty Street, New York, New York 10286 (“Custodian”).

World Currency Gold Trust – CUSTODY AGREEMENT (January 9th, 2017)

AGREEMENT, dated as of January 5, 2017, by and between World Currency Gold Trust (the “Trust”), a Delaware statutory trust organized in series, having its principal office and place of business at 685 Third Avenue, 27th Floor, New York 10017, on behalf of each of its series (each, a “Fund” and collectively, the “Funds”) as listed on Schedule II hereto (as such Schedule may be amended from time to time) and The Bank of New York Mellon, a New York corporation authorized to do a banking business, having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).

GSV Growth Credit Fund Inc. – CUSTODY AGREEMENT dated as of December 16, 2016 by and among GSV GROWTH CREDIT FUND INC. (“Company”) and U.S. BANK NATIONAL ASSOCIATION (“Custodian” and “Document Custodian”) (December 19th, 2016)

This CUSTODY AGREEMENT (this “Agreement”) is dated as of November     , 2016, and is by and between GSV GROWTH CREDIT FUND INC. (and any successor or permitted assign, the “Company”), a corporation organized under the laws of the State of Maryland, having its principal place of business at 2925 Woodside Road, Woodside, CA 94062, U.S. BANK NATIONAL ASSOCIATION (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association having a place of business at One Federal Street, 3rd Floor, Boston MA 02110 and the Custodian in its capacity as document custodian (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Document Custodian”).

Bain Capital Specialty Finance, Inc. – CUSTODY AGREEMENT (October 6th, 2016)

THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of October [  ], 2016 and is by and between Bain Capital Specialty Finance, Inc. (and any successor or permitted assign), a corporation organized under the laws of the State of Delaware, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association.

Golub Capital Investment Corp – CUSTODY AGREEMENT dated as of December 31, 2014 by and between GOLUB CAPITAL INVESTMENT CORPORATION (“Company”) and U.S. BANK NATIONAL ASSOCIATION (“Custodian”) (September 15th, 2016)

THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of December 31, 2014 and is by and between Golub Capital Investment Corporation (or any successor or permitted assign, the “Company”), a corporation organized under the laws of the State of Maryland, having its principal place of business at 150 South Wacker Drive, Suite 800, Chicago, Illinois 60606, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association having a place of business at One Federal Street, Boston, MA 02110.

World Currency Gold Trust – FORM OF CUSTODY AGREEMENT (August 30th, 2016)

AGREEMENT, dated as of             , 20     by and between the World Currency Gold Trust (the “Trust”), a Delaware statutory trust organized in series, having its principal office and place of business at 685 Third Avenue, 27th Floor, New York, New York 10017, on behalf of each of its series (each, a “Fund” and collectively, the “Funds”) as listed on Schedule II hereto (as such Schedule may be amended from time to time) and The Bank of New York Mellon, a New York corporation authorized to do a banking business, having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).

Hancock Park Corporate Income, Inc. – FORM OF CUSTODY AGREEMENT dated as of [●], 2016 by and among HANCOCK PARK CORPORATE INCOME, INC. (“Company”) and U.S. BANK NATIONAL ASSOCIATION (“Custodian”) (June 6th, 2016)

This CUSTODY AGREEMENT (this “Agreement”) is dated as of [●], 2016, and is by and between HANCOCK PARK CORPORATE INCOME, INC. (and any successor or permitted assign, the “Company”), a corporation organized under the laws of the State of Delaware, having its principal place of business at [●] and U.S. BANK NATIONAL ASSOCIATION (and any successor or permitted assign acting as custodian hereunder, the “Custodian”), a national banking association having a place of business at 190 S. LaSalle Street, 10th Floor, Chicago, IL 60603.

Siguler Guff Small Business Credit Opportunities Fund, Inc – SUPPLEMENT TO CUSTODY AGREEMENT (March 29th, 2016)

This Supplement (this “Supplement”) to the Citi Private Bank Preferred Custody Services Account Application and Terms & Conditions (together, the “Custody Agreement”), is made and entered into as of the 8th day of June, 2015, by and between Siguler Guff Small Business Credit Opportunities Fund, Inc. [Account Number: 25D105309768] (the “Client”) and Citibank, N.A. (the “Bank”). Notwithstanding any provision of the Custody Agreement, the following provisions shall apply with full force and effect as if contained in the Custody Agreement. Except as set forth herein, the Custody Agreement shall remain in full force and effect. In the event of a conflict between any provision of the Custody Agreement and this Supplement, the provisions of this Supplement shall control.

Corporate Capital Trust, Inc. – CUSTODY AGREEMENT dated as of December 2, 2015 by and among CCT TOKYO FUNDING LLC (“Company”), CORPORATE CAPITAL TRUST, INC. (“Servicer” and “Transferor”), SUMITOMO MITSUI BANKING CORPORATION (“Collateral Agent” and “Administrative Agent”) and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Custodian”) (March 21st, 2016)

THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of December 2, 2015 and is by and among CCT TOKYO FUNDING LLC, a Delaware limited liability company (or any successor or permitted assign hereunder, the “Company”), CORPORATE CAPITAL TRUST, INC., a Maryland corporation, as the servicer and as the transferor (or any successor or permitted assign hereunder, the “Servicer” or the “Transferor”), SUMITOMO MITSUI BANKING CORPORATION, a Japanese joint stock corporation (or any successor or permitted assign acting as the collateral agent or as the administrative agent hereunder, the “Collateral Agent” or the “Administrative Agent”, respectively, and “SMBC”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (or any successor or permitted assign acting as custodian hereunder, the “Custodian”).

Integrity Capital Income Fund, Inc. – FIRST AMENDMENT TO THE CUSTODY AGREEMENT (March 16th, 2016)

This First Amendment to the Custody Agreement (the “First Amendment”) is made as of March 9, 2016, and effective as of November 1, 2015 by and between INTEGRITY CAPITAL INCOME FUND, INC., a Colorado Principal (the “Principal”), and INTEGRITY TRUST COMPANY, LLC, a Colorado trust company organized as a limited liability company (the “Agent”), as the assignee of the Agreement from Integrity Wealth Management a division of Integrity Bank & Trust, a Colorado Principal.

Teucrium Commodity Trust – CUSTODY AGREEMENT (March 15th, 2016)

THIS AGREEMENT is made and entered into as of this 14th day of August, 2015, by and between TEUCRIUM COMMODITY TRUST, a Delaware statutory trust (the “Trust”), for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund” ), TEUCRIUM TRADING, LLC, a Delaware limited liability company,  the sponsor of the Funds (“Sponsor”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).