EX-99.(G-2) 9 d792915dex99g2.htm AMENDMENT TO CUSTODY AGREEMENT, DATED MARCH 28, 2024 Amendment to Custody Agreement, dated March 28, 2024

AMENDMENT TO CUSTODY AGREEMENT

This Amendment is an amendment to the Custody Agreement between The Bank of New York Mellon (“BNY Mellon”) and each investment company identified on Appendix I thereto (each a “Customer”) dated as of June 1, 2023 (the “Agreement”).

The effective date of this Amendment is as of March 28, 2024.

Intending to be legally bound, BNY Mellon and each Customer hereby agree as follows:

 

 

1.

Appendix I of the Agreement is hereby amended and restated in its entirety as set forth in Appendix I to this Amendment.

 

2.

The parties hereto 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 will 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, will 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.

Each party hereto has caused this Amendment to be executed by its duly authorized representative indicated below. 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.

Agreed:

 

Each Customer set forth on

on Appendix I attached hereto,

severally and not jointly

 

The Bank Of New York Mellon

By:

 

/s/ Tina Payne       

 

By:

 

/s/ Allison Gardner        

Name:

 

Tina Payne        

 

Name:

 

Allison Gardner      

Title:

 

Secretary        

 

Title:

 

Senior Vice President   

 

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APPENDIX I

 

CUSTOMER   

SERIES

 

 

The Alger Funds

  

Alger 35 Fund

 

Alger Capital Appreciation Fund

 

Alger Growth & Income Fund

 

Alger Health Sciences Fund

 

Alger International Focus Fund

 

Alger Mid Cap Focus Fund

 

Alger Mid Cap Growth Fund

 

Alger Small Cap Focus Fund

 

Alger Small Cap Growth Fund

 

Alger Weatherbie Specialized Growth Fund

 

Alger Concentrated Equity Fund

 

Alger AI Enablers & Adopters Fund

 

The Alger Funds II

  

Alger Dynamic Opportunities Fund

 

Alger Emerging Markets Fund

 

Alger Responsible Investing Fund

 

Alger Spectra Fund

 

The Alger Institutional Funds

  

Alger Capital Appreciation Institutional Fund

 

Alger Focus Equity Fund

 

Alger Mid Cap Growth Institutional Fund

 

Alger Small Cap Growth Institutional Fund

 

Alger Global Focus Fund

  

N/A

 

The Alger Portfolios

  

Alger Balanced Portfolio

 

Alger Capital Appreciation Portfolio

 

Alger Growth & Income Portfolio

 

Alger Large Cap Growth Portfolio

 

Alger Mid Cap Growth Portfolio

 

Alger Small Cap Growth Portfolio

 

The Alger ETF Trust

  

Alger 35 ETF

 

Alger Mid Cap 40 ETF

 

 

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Alger Weatherbie Enduring Growth ETF

 

Alger Concentrated Equity ETF

 

Alger AI Enablers & Adopters ETF

 

 

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