Custody Agreement Sample Contracts

Global Currency Gold Trust – AMENDMENT TO CUSTODY AGREEMENT (U.S. Dollar Only) (June 13th, 2018)
MVC Capital – 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).

Global Currency 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 – Contract (October 6th, 2017)
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 (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).

Global 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.

Global 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.

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).

Harris & Harris Group – Custody Agreement (March 15th, 2016)

THIS CUSTODY AGREEMENT (this "Agreement") is dated as of February 24, 2011 and is by and between Harris & Harris Group, Inc. (and any successor or permitted assign), a corporation organized under the laws of New York, having its principal place of business at 1450 Broadway, 24th Floor, New York, N.Y. 10018, and TD Bank, N.A. (or any successor or permitted assign acting as custodian hereunder, the "Custodian"), a national banking association having a place of business at 324 South Service Road, Melville, New York 11747.

GSV Growth Credit Fund Inc. – CUSTODY AGREEMENT Dated as of [________], 2016 by and Between GSV GROWTH CREDIT FUND INC. ("Company") and U.S. BANK NATIONAL ASSOCIATION ("Custodian") (February 12th, 2016)

This CUSTODY AGREEMENT (this "Agreement") is dated as of [____________], 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 [__________________________________], 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 One Federal Street, 3rd Floor, Boston, MA 02110.

Parkview Capital Credit, Inc. – CUSTODY AGREEMENT Dated as of December 1, 2015 by and Between PARKVIEW CAPITAL CREDIT, INC. And MILLENNIUM TRUST COMPANY, LLC (December 7th, 2015)

THIS CUSTODY AGREEMENT (this "Agreement") is dated as of December 1, 2015 by and between PARKVIEW CAPITAL CREDIT, INC., a corporation organized under the laws of Maryland, having its principal place of business at Two Post Oak Center, 1980 Post Oak Boulevard, 15th Floor, Houston, Texas 77056 (the "Fund"), and MILLENNIUM TRUST COMPANY, LLC, a limited liability company organized under the laws of the State of Illinois, having its principal place of business at 2001 Spring Road, Oak Brook, IL 60523 (the "Custodian").

MVC Capital – Mvc Capital, Inc. Amendment to the Custody Agreement (October 15th, 2015)

THIS AMENDMENT dated as of March 31, 2015, to the Custody Agreement, dated as of November 1, 2002, as amended February 10, 2006, May 1, 2006, June 14, 2006, April 6, 2009 and March 30, 2012 (the Agreement), is entered into by and between MVC Capital, Inc., a Delaware corporation (the Corporation) and U.S. Bank, N.A., a national banking association (the Custodian).

First Amended and Restated Custody Agreement (August 10th, 2015)

This First Amended and Restated Custody Agreement (the "Agreement") is entered into and effective April 15, 2015 (the "Effective Date") between American Capital, Ltd., a corporation organized under the laws of Delaware ("Customer"), and U.S. Bank National Association, a national banking association organized under the laws of the United States of America ("Bank").

Business Development Corp of America – Amendment No. 1 to the Custody Agreement (July 28th, 2015)

This Amendment No. 1 to the Custody Agreement, dated as of August 13, 2012 (this "Amendment"), is made and entered into as of July 23, 2015 by and among Business Development Corporation of America, a Maryland corporation (the "Company") and U.S. Bank National Association, as custodian, a national banking association organized and existing under the laws of the United States of America (the "Custodian").

Business Development Corp of America – Amendment No. 2 to the Custody Agreement (July 28th, 2015)

This Amendment No. 2 (this "Amendment") to the Custody Agreement, dated as of August 13, 2012, is made and entered into as of July 24, 2015 by and among Business Development Corporation of America, a Maryland corporation (the "Company") and U.S. Bank National Association, as custodian, a national banking association organized and existing under the laws of the United States of America (the "Custodian").

America First Tax Exempt Investors, L.P. – Subordinate Bonds Custody Agreement (July 16th, 2015)

THIS SUBORDINATE BONDS CUSTODY AGREEMENT (this Custody Agreement), dated as of July 1, 2015, is among THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (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 ATAX TEBS III, LLC, a limited liability company organized and existing under the laws of the State of Delaware (the Sponsor).

Terra Income Fund 6, Inc. – CUSTODY AGREEMENT Dated as of June 1, 2015 by and Between TERRA INCOME FUND 6, INC. ("Company") and U.S. BANK NATIONAL ASSOCIATION ("Custodian") (June 4th, 2015)

THIS CUSTODY AGREEMENT (this "Agreement") is dated as of June 1, 2015 and is by and between Terra Income Fund 6, Inc. (and any successor or permitted assign), a corporation organized under the laws of the State of Maryland (the "Company"), having its principal place of business at 805 Third Avenue, 8th Floor, New York, New York 10022 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 214 N. Tryon Street, 26th Floor, Charlotte, North Carolina 28202.