EX-99.G7 9 i22459_ex-g7.htm

Exhibit 28(g)(7)

 

Execution Version

 

AMENDMENT TO CUSTODY AGREEMENT

 

This Amendment is made and entered into as of May 18, 2022 (the “Effective Date”) by and between THE BANK OF NEW YORK MELLON, a New York state chartered bank (“BNY Mellon”), and USCF ETF Trust, a Delaware statutory trust, on behalf of itself, its Series and any Subsidiary, as defined below, (“Customer”). BNY Mellon and Customer are collectively referred to as the “Parties” and individually as a “Party”.

 

RECITALS

 

WHEREAS, Customer and BNY Mellon are parties to that certain Custody Agreement dated as of March 26, 2020 (the “Agreement”), pursuant to which Customer has appointed BNY Mellon as the custodian of certain of its assets and BNYM Mellon provides for the portfolios identified on Appendix I thereto (each, a “Series”) and the Cayman Islands exempt company wholly-owned subsidiary of any such Series (each, a “Subsidiary”) the services described therein; and

 

WHEREAS, Customer wishes to appoint BNY Mellon as the custodian of certain of its assets with respect to certain additional Series and each Subsidiaries hereafter identified to BNY Mellon on Appendix I, and BNY Mellon is willing to provide such services on the terms and conditions set forth therein;

 

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and intending to be legally bound, the Parties agree as follows.

 

1.The Agreement is hereby amended as of the Effective Date by adding the following Series, each as a party to the Agreement:

 

USCF ESG Dividend Income Fund

 

2.The Agreement is hereby amended as of the Effective Date by deleting Appendix I of the Agreement in its entirety and replacing it with Appendix I as attached hereto.

 

3.The Agreement is hereby amended as of the Effective Date by deleting Section 17.3 of the Agreement and replacing it as follows:

 

17.3 Amendment This Agreement may not be amended or modified in any manner except by a written agreement executed by BNY Mellon and Customer; provided that a Customer may enter into this Agreement as a new Customer upon the execution by such new Customer and BNY Mellon of a mutually agreed upon Appendix I, without the requirement that all or any other Customer(s) execute such Appendix I.”

 

4.Customer and BNY Mellon hereby agree to be bound by all of the terms, provisions, covenants, and obligations set forth in the Agreement.

 

5.Except as specifically amended hereby, all other terms and conditions of the Agreement shall remain in full force and effect.

 

6.Any capitalized terms not defined herein shall have their respective meanings as assigned in the Agreement.

 

[Signature page follows]

 
 

IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date.

 

 

THE BANK OF NEW YORK MELLON   USCF ETF TRUST, on behalf of itself and keels each Series
         
By: /s/ Justin T Skeels   By: /s/ John P. Love
Name: Justin T Skeels   Name: John P. Love
Title: Sr. Principal & Director   Title: President
Date:  May 19, 2022   Date:  May 18, 2022
         
Address for Notice:   Address for Notice:
THE BANK OF NEW YORK MELLON   USCF ETF TRUST
240 Greenwich Street   1850 Mt. Diablo Boulevard, Suite 640
New York, NY 10286   Walnut Creek, CA 94596
Attention: Justin Skeels   Attention:  John P. Love, President
      With a copy to: Daphne G. Frydman, Chief Legal Officer
         

 

    USCF CAYMAN COMMODITY 2
         
      By: /s/ Stuart P. Crumbaugh
      Name: Stuart P. Crumbaugh
      Title: Director
      Date: May 18, 2022
         
     

Address for Notice:

      USCF CAYMAN COMMODITY 2
c/o USCF ETF TRUST
1850 Mt. Diablo Boulevard, Suite 640
Walnut Creek, CA 94596

 

       
      USCF CAYMAN COMMODITY 3
         
      By: /s/ Stuart P. Crumbaugh

 

    Name: Stuart P. Crumbaugh
      Title: Director
      Date: May 18, 2022
         
      Address for Notice:
     

USCF CAYMAN COMMODITY 3
c/o USCF ETF TRUST
1850 Mt. Diablo Boulevard, Suite 640
Walnut Creek, CA 94596

2
 
  USCF CAYMAN COMMODITY 4
     
  By: /s/ Stuart P. Crumbaugh
  Name: Stuart P. Crumbaugh
  Title: Director
  Date: May 18, 2022
     
  Address for Notice:
 

USCF CAYMAN COMMODITY 4
c/o USCF ETF TRUST
1850 Mt. Diablo Boulevard, Suite 640
Walnut Creek, CA 94596

 

Pursuant to Section 10.1(a):

o     as beneficial owner, Customer OBJECTS to disclosure

o     as beneficial owner, Customer DOES NOT OBJECT to disclosure

o     Custodian will CONTACT THE RELEVANT INVESTMENT MANAGER with respect to relevant Securities to make the decision whether it objects to disclosure IF NO BOX IS CHECKED, BNY MELLON WILL RELEASE SUCH INFORMATION UNTIL IT RECEIVES A CONTRARY INSTRUCTION FROM CUSTOMER.

3
 

APPENDIX I

 

USCF ETF Trust

 

Series

 

USCF Midstream Energy Income Fund

USCF Energy Commodity Strategy Absolute Return Fund

USCF SummerHaven Dynamic Commodity Strategy No K-1 Fund

USCF Gold Strategy Plus Income ETF

USCF ESG Dividend Income Fund

 

Subsidiary

 

USCF Cayman Commodity 2

USCF Cayman Commodity 3

USCF Cayman Commodity 4

4