EX-99.(G)(1) 7 exg1.htm JOINDER AGREEMENT TO CUSTODY SERVICES AGREEMENT Unassociated Document
JOINDER AGREEMENT
 

 
AGREEMENT made as of March 18, 2011 by and between each entity listed on Annex I attached hereto (each a “Trust” an “Additional Trust” or collectively the “Trusts” or the “Additional Trusts”) and The Bank of New York Mellon (the “Bank”).

W I T N E S S E T H:
 
WHEREAS, Destra Investment Trust (the “Company”) has retained the Bank to provide certain custodial services with respect to the Company pursuant to the Custody Agreement dated November 17, 2010, by and between the Bank and the Company (the “Custody Agreement”);
 
WHEREAS, each of the Trusts wishes to retain the Bank to provide such custodial services;
 
NOW, THEREFORE, the parties hereto agree as follows:
 
The Trusts each hereby join in and becomes a party to the Custody Agreement and shall constitute a “Trust” under such Agreement, to be referred to collectively with all other trusts as a “Trust” or the “Trusts”.  The Company hereby consents to such joinder.
 
Notwithstanding any other provision of the joinder agreement or the Custody Agreement, the Bank hereby acknowledges and agrees that:
 
(A)  
It shall have recourse only to the assets of the Additional Trust and not those of any other Trust, another Series of the Trust or the Trustee personally in respect of any claim, action, demand or right against or in respect of the Trustee arising out of in connection with the Custody Agreement and that any such claim, action, demand or right existing after the assets of the Additional Trust have been exhausted shall be deemed to be discharged and extinguished.
 
(B)  
It shall not take any action to commence any case, proceeding, proposal or other action under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization, arrangement in the nature of insolvency proceedings, adjustment, winding-up, liquidation, dissolution, composition or other analogous relief with respect to the Trustee or the liabilities of the Trustee.
 
(C)  
The provisions of the Section shall survive the termination of the Custody Agreement.
 
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original; but such counterparts together shall constitute only one instrument.
 

 
 
 
 
IN WITNESS WHEREOF, the parties hereto have caused the foregoing instrument to be executed by their duly authorized officers and their seals to be hereunto affixed, all as of the day and year first above written.
 

 
Destra Investment Trust


By: /s/ Nicholas Dalmaso                                                                                                                               
Name: Nicholas Dalmaso______________       
Title:  Director

 
Destra Investment Trust II


By: /s/ Nicholas Dalmaso                                                                                                                               
Name: Nicholas Dalmaso______________
Title: Director of each of the above Funds


THE BANK OF NEW YORK MELLON


By: /s/ Timothy Driscoll_______________________
Name: Timothy Driscoll                                                                                                          
Title:   Vice President
 
 
 
 
 
ANNEX A
 
TRUST ACCOUNTS
 

 
Trust Name
Trust Domicile/Type

 
Destra Investment Trust II                                                                                                           Massachusetts

Destra Focused Equity Fund

Destra Preferred and Income Securities Fund