EX-99.(G)(3) 7 dex99g3.txt AMENDMENT NO. 5 TO THE AMENDED AND RESTATED CUSTODY AGREEMENT Exhibit (g)(3) EXCELSIOR FUNDS TRUST AMENDMENT NO. 5 TO AMENDED AND RESTATED CUSTODY AGREEMENT WHEREAS, Excelsior Funds Trust (formerly, Excelsior Institutional Trust) (the "Company") and JPMorgan Chase Bank (formerly, The Chase Manhattan Bank) desire to amend the Amended and Restated Custody Agreement dated as of June 27, 2001, and most recently amended as of September 30, 2003 (the "Agreement"), by and between them to include the Equity Core Fund as an investment portfolio of the Company covered by the Agreement; and WHEREAS, the Amended and Restated Custody Agreement, as expressly amended hereby, shall continue in full force and effect. The parties hereto, intending to be legally bound hereby, agree that the Agreement is amended as follows: Exhibit A to the Agreement is hereby amended and restated as follows: EXHIBIT A TO AMENDED AND RESTATED CUSTODY AGREEMENT Portfolios covered by the Amended and Restated Custody Agreement effective as of March 15, 2004, between JPMorgan Chase Bank and Excelsior Funds Trust: Equity Fund Mid Cap Value Fund Optimum Growth Fund Income Fund Total Return Bond Fund High Yield Fund International Equity Fund Enhanced Tax Managed International Fund Equity Income Fund Equity Core Fund IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have caused this Agreement to be executed by their officers designated below as of March 15, 2004. JP MORGAN CHASE BANK Name:/s/ Mary Ellen Costello ------------------------------- Title: Vice President ------------------------------ EXCELSIOR FUNDS TRUST Name: /s/ Joe Leung ------------------------------- Title: Vice President ------------------------------