EX-99.(G)(10) 5 simplifyetf_exg10.htm EXHIBIT (G)(10)

 

Exhibit (g)(10)

 

EXECUTION

 

AMENDMENT

TO

CUSTODY AGREEMENT

 

This Amendment (“Amendment”) is made with effect as of September 23, 2024 (“Effective Date”), by and between Simplify Exchange Traded Funds (the “Trust”), on behalf of its series listed on Appendix I to the Agreement (as defined below) and THE BANK OF NEW YORK MELLON (“BNY”).

 

BACKGROUND:

 

A. BNY and the Trust entered into a Custody Agreement dated as of July 14, 2020, as amended to date, (the “Agreement”) relating to BNY’s provision of services to the Trust and its series.

 

B.The parties desire to amend the Agreement as set forth herein.

 

TERMS:

 

The parties hereby agree that:

 

1. Appendix I to the Agreement is hereby deleted in its entirety and replaced with Appendix I attached hereto.

 

2. Miscellaneous.

 

(a) As hereby amended and supplemented, the Agreement shall remain in full force and effect.

 

(b) The Agreement, as amended hereby, constitutes the complete understanding and agreement of the parties with respect to the subject matter thereof and supersedes all prior communications with respect thereto.

 

3. Signatures; Counterparts. 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.

 

 

 

 

IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed as of the Effective Date 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.

 

  SIMPLIFY EXCHANGE TRADED FUNDS
     
  By: /s/ Fiona Ho
  Name: Fiona Ho
  Title: Treasurer

 

  THE BANK OF NEW YORK MELLON
     
  By:  
  Name:  
  Title:  

 

2

 

 

Appendix I

(Amended and Restated with effect as of September 23, 2024)

 

Series

 

1 Simplify US Equity PLUS Convexity ETF
2 Simplify US Equity PLUS Downside Convexity ETF
3 Simplify US Equity PLUS Upside Convexity ETF
4 Simplify Volt RoboCar Disruption and Tech ETF
5 Simplify U.S. Equity PLUS GBTC ETF
6 Simplify Volatility Premium ETF
7 Simplify Interest Rate Hedge ETF
8 Simplify Intermediate Term Treasury Futures Strategy ETF
9 Simplify Health Care ETF
10 Simplify Hedged Equity ETF
11 Simplify Macro Strategy ETF
12 Simplify High Yield PLUS Credit Hedge ETF
13 Simplify Aggregate Bond ETF
14 Simplify Managed Futures Strategy ETF
15 Simplify Bitcoin Strategy PLUS Income ETF
16 Simplify Short Term Treasury Futures Strategy ETF
17 Simplify Enhanced Income ETF
18 Simplify Stable Income ETF
19 Simplify Propel Opportunities ETF
20 Simplify Conservative Allocation ETF
21 Simplify Moderate Allocation ETF
22 Simplify Growth Allocation ETF
23 Simplify Income Allocation ETF
24 Simplify Commodities Strategy No K-1 ETF
25 Simplify Market Neutral Equity Long/Short ETF
26 Simplify Multi-QIS Alternative ETF
27 Simplify Opportunistic Income ETF
28 Simplify MBS ETF
29 Simplify US Equity PLUS QIS ETF
30 Simplify Tara India Opportunities ETF
31 Simplify Next Intangible Core Index ETF
32 Simplify Next Intangible Value Index ETF
33 Simplify Gamma Emerging Market Bond ETF
34 Simplify National Muni Bond ETF
35 Simplify Wolfe US Equity 50/150 ETF

 

3