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Aberdeen Standard Gold ETF Trust – ‘8-K’ for 6/5/20 – ‘EX-10.1’

On:  Thursday, 6/11/20, at 2:33pm ET   ·   For:  6/5/20   ·   Accession #:  1387131-20-5609   ·   File #:  1-34441

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  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 6/11/20  Aberdeen Standard Gold ETF Trust  8-K:1,9     6/05/20   12:248K                                   Quality EDGAR So… LLC/FA

Current Report   —   Form 8-K   —   Sect. 13 / 15(d) – SEA’34
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 8-K         Current Report                                      HTML     37K 
 2: EX-10.1     Amendment to the Allocated Account Agreement Dated  HTML     17K 
                June 5, 2020                                                     
 3: EX-10.2     Amendment to the Unallocated Account Agreement      HTML     17K 
                Effective June 5, 2020                                           
10: R1          Cover                                               HTML     51K 
12: XML         IDEA XML File -- Filing Summary                      XML     12K 
 9: XML         XBRL Instance -- sgol-8k_060520_htm                  XML     15K 
 8: EXCEL       IDEA Workbook of Financial Reports                  XLSX      6K 
 5: EX-101.LAB  XBRL Labels -- sgol-20200605_lab                     XML     97K 
 6: EX-101.PRE  XBRL Presentations -- sgol-20200605_pre              XML     64K 
 4: EX-101.SCH  XBRL Schema -- sgol-20200605                         XSD     13K 
11: JSON        XBRL Instance as JSON Data -- MetaLinks               25±    34K 
 7: ZIP         XBRL Zipped Folder -- 0001387131-20-005609-xbrl      Zip     17K 


‘EX-10.1’   —   Amendment to the Allocated Account Agreement Dated June 5, 2020


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ABERDEEN STANDARD GOLD ETF TRUST 8-K 

 

 

 Exhibit 10.1

 

THIRD AMENDMENT TO THE

ALLOCATED ACCOUNT AGREEMENT

OF

Aberdeen Standard Gold ETF Trust

(formerly, ETFS GOLD TRUST)

 

This Third Amendment to the Allocated Account Agreement (this “Amendment”) of the Aberdeen Standard Gold ETF Trust (formerly, ETFS Gold Trust) (the “Trust”), dated as of June 5, 2020, is made by and between JPMorgan Chase Bank, N.A., as the custodian of the Trust (the “Custodian”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the Trust (the “Trustee”).

WITNESSETH THAT:

WHEREAS, the Custodian and the Trustee are parties to the Allocated Account Agreement dated as of September 1, 2009, as amended as of October 1, 2018 and June 20, 2019 (the “Agreement”), which established an allocated gold account in the Trustee’s name for the Trust; and

 

WHEREAS, pursuant to Section 15.5 of the Agreement, the Custodian and the Trustee desire to amend the Agreement to extend the term thereof.

 

NOW, THEREFORE, in consideration of the premises and the agreements hereinafter set forth, the parties hereby agree as follows:

 

1.(a) Amendment to Section 13.2 of the Agreement. The first paragraph of Section 13.2 is hereby deleted in its entirety and replaced with the following:

 

Term: This Agreement shall have a term ending on December 31, 2021 and, at the end of such term and any subsequent term, shall automatically renew for a term of one year unless terminated by the parties in accordance with this clause 13; provided that during such periods this Agreement may be terminated immediately upon written notice as follows:

(b) For the avoidance of doubt, items (1) through (7) of Section 13.2 remain unchanged.

2.       

The amendments contemplated by this Amendment shall, upon execution of this Amendment by the Custodian and the Trustee, be effective as of September 1, 2019, and no further action shall be required to make such amendments effective.

3.       

Except as expressly amended by this Amendment, the Agreement shall remain in full force and effect.

4.       

This Amendment shall be interpreted under, and all rights and duties under this Amendment shall be governed by, English law.

5.       

Except as otherwise specified in this Amendment, or as the context may otherwise require, capitalized terms shall have the meaning ascribed to them in the Agreement.

 C: 
 - C: 1- 
 

 

6.       

This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one and the same instrument. Facsimile and electronic counterpart signatures shall be acceptable and binding.

7.       

Pursuant to Section 5.5(a) of the Depositary Trust Agreement of the Trust, dated as of September 1, 2009, as amended, the Sponsor hereby approves of the Trustee entering into this Amendment.

[remainder of page intentionally blank]

 C: 
 -2- 
 

 

IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first set forth above.

 

 

JPMorgan Chase Bank, N.A.,

as Custodian

/s/ David Nahmanovici  
Name: David Nahmanovici  
Title: Managing Director  

  

 

The Bank of New York Mellon,

solely in its capacity as Trustee and not individually

/s/ Patrick Griffin  
Name: Patrick Griffin  
Title: Vice President  

  

 

Aberdeen Standard Investments ETFs Sponsor LLC

(formerly, ETFS Securities USA LLC),

solely as to paragraph 7

 

 

/s/ Lucia Sitar  
Name: Lucia Sitar  
Title: Vice President  

 

 

[Signature Page to Third Amendment to Allocated Account Agreement]

 C: 
 -3- 

 


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘8-K’ Filing    Date    Other Filings
12/31/21
Filed on:6/11/20
For Period end:6/5/20
9/1/19
6/20/19
10/1/188-K
9/1/09
 List all Filings 


7 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/29/24  abrdn Gold ETF Trust              10-K       12/31/23   37:2.5M                                   Qes, LLC/FA
 3/01/23  abrdn Gold ETF Trust              10-K       12/31/22   34:2.2M                                   Quality EDGAR So… LLC/FA
10/14/22  abrdn Gold ETF Trust              S-3                    6:1M                                     Quality Edgar - QES/FA
 9/29/22  abrdn Gold ETF Trust              10-K/A     12/31/21   41:2.5M                                   Quality EDGAR So… LLC/FA
 3/01/22  abrdn Gold ETF Trust              10-K       12/31/21   37:2.4M                                   Quality EDGAR So… LLC/FA
 2/01/22  abrdn Gold ETF Trust              S-3ASR      2/01/22    6:1M                                     Quality EDGAR So… LLC/FA
 3/01/21  abrdn Gold ETF Trust              10-K       12/31/20   37:2.8M                                   Quality EDGAR So… LLC/FA
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