EX-99.(G)(3) 5 advisorshares_exg3.htm EXHIBIT 99.(G)(3)

 

Exhibit (g)(3)

 

Execution Version

 

AMENDMENT
TO
CUSTODY AGREEMENT

 

This Amendment (the “Amendment”) is made as of August 9, 2022 by and between AdvisorShares Trust (the “Trust”) and The Bank of New York Mellon (“Custodian”).

 

BACKGROUND:

 

A.WHEREAS, the Trust and Custodian are parties to a Custody Agreement dated as of July 16, 2009, as amended (the “Agreement”);

 

B.WHEREAS, this Amendment is an amendment to the Agreement and shall update the list of Series on Schedule II thereto and set forth terms applicable to certain of the Series;

 

C.WHEREAS, capitalized terms used in this Amendment shall have the meanings set forth in the Agreement unless otherwise defined herein; and

 

D.WHEREAS, the Trust and Custodian desire to amend the Agreement with respect to the foregoing;

 

TERMS:

 

NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree as follows:

 

1.Schedule II shall be deleted in its entirety and replaced with amended Schedule II attached hereto. Schedule II is updated to reflect the addition of the AdvisorShares Managed Bitcoin Strategy ETF.

 

2.Miscellaneous.

 

(a)As hereby amended and supplemented, the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control with respect to the matters described herein.

 

(b)The parties 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 shall 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, shall 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.

 

(c)If any provision or provisions of this Amendment shall be held to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

 

 

 

 

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers designated below on the date and year first above written. 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.

 

ADVISORSHARES TRUST  
   
By: /s/ Dan Ahrens  
   
Name:   Dan Ahrens  
   
Title: Secretary & Treasurer  
   
THE BANK OF NEW YORK MELLON  
   
By: /s/ Rosalia A. Koopman  
   
Name: Rosalia A. Koopman  
   
Title: Managing Director  

 

2

 

 

SCHEDULE II

 

to

 

CUSTODY AGREEMENT

 

Dated July 16, 2009 between

 

ADVISORSHARES TRUST

 

and

 

THE BANK OF NEW YORK MELLON

 

(as of August 9, 2022)

 

SERIES OF ADVISORSHARES TRUST:

 

  AdvisorShares Dorsey Wright ADR ETF
  AdvisorShares Dorsey Wright Alpha Equal Weight ETF
  AdvisorShares Dorsey Wright FSM All Cap World ETF
  AdvisorShares Dorsey Wright FSM US Core ETF
  AdvisorShares Dorsey Wright Micro-Cap ETF
  AdvisorShares Dorsey Wright Short ETF
  AdvisorShares DoubleLine Value ETF
  AdvisorShares Focused Equity ETF
  AdvisorShares North Square McKee ESG Core Bond ETF
  AdvisorShares Newfleet Multi-Sector Income ETF
  AdvisorShares Pure Cannabis ETF
  AdvisorShares Pure US Cannabis ETF
  AdvisorShares Ranger Equity Bear ETF
  AdvisorShares North Square McKee Core Reserves ETF
  AdvisorShares STAR Global Buy-Write ETF
  AdvisorShares Vice ETF
  AdvisorShares Q Dynamic Growth ETF
  AdvisorShares Q Portfolio Blended Allocation ETF
  AdvisorShares Alpha DNA EquitySentiment ETF
  AdvisorShares Hotel ETF
  AdvisorShares Restaurant ETF
  AdvisorShares Gerber Kawasaki ETF
  AdvisorShares Psychedelics ETF
  AdvisorShares Poseidon Dynamic Cannabis ETF
  AdvisorShares Let Bob AI Powered Momentum ETF
  AdvisorShares Managed Bitcoin Strategy ETF
  AdvisorShares Drone Technology ETF
  AdvisorShares MSOS 2X Daily ETF

 

Sch. II-1