SCM Trust 485BPOS

Exhibit 99(g)(2)

 

Execution

 

AMENDMENT TO CUSTODY AGREEMENT

 

This Amendment (the “Amendment”) is entered into and effective as of the 8th day of December, 2025 (the “Effective Date”) amending the Custody Agreement dated September 1, 2025 (as amended, modified and supplemented through the Effective Date, the “Agreement”), by and between each entity identified on Appendix A thereto (the “Client”) and STATE STREET BANK AND TRUST COMPANY (the “Custodian”).

 

W I T N E S S E T H:

 

WHEREAS, the Custodian provides certain custodial services to the Client pursuant to the terms of the Agreement; and

 

WHEREAS, the Client and the Custodian wish to amend the Agreement as set forth below.

 

NOW, THEREFORE, in further consideration of the promises and mutual covenants contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:

 

1.Amendments:

 

a.The preamble of the Agreement is hereby deleted in its entirety and replaced with the following:

 

“This Agreement (the “Agreement”) is made as of September 1, 2025 (the “Effective Date”) between:

 

1)Each trust entity identified on Appendix A hereto, whose jurisdiction of formation is identified opposite its name, on behalf of itself and its underlying funds identified on Appendix A hereto (each, the “Client” and collectively, the “Clients”); and

 

2)STATE STREET BANK AND TRUST COMPANY, a bank and trust company organized under the laws of The Commonwealth of Massachusetts, U.S.A. (the “Custodian”).”

 

b.In accordance with Section 29.15 of the Agreement, the following entities (each, a “New Client”) are hereby added as “Clients” under the Agreement:

 

SCM Trust 

Shelton Funds 

Green California Tax-Free Income Fund 

Shelton S&P 500 Index Fund 

Shelton S&P MidCap Index Fund 

S&P SmallCap Index Fund

 

Information Classification: Limited Access

 

 

 

 

Shelton Equity Income Fund

Nasdaq-100 Index Fund 

U.S. Government Securities Fund 

The United States Treasury Trust 

Shelton Sustainable Equity Fund 

ICON Consumer Select Fund 

ICON Equity Fund 

ICON Equity Income Fund 

ICON Flexible Bond Fund 

ICON Health and Information Technology Fund 

ICON Natural Resources and Infrastructure Fund 

ICON Utilities and Income Fund 

Shelton Emerging Markets Fund 

Shelton International Select Equity Fund 

Shelton Tactical Credit Fund

 

By execution of this Amendment, each New Client hereby agrees (a) to become bound by all of the terms and conditions and provisions of the Agreement as a Client including, without limitation, the representations and warranties set forth therein and (b) adopts the Agreement with the same force and effect as if the New Client was originally a party thereto.

 

For purposes of clarity, Appendix A to the Agreement is hereby deleted in its entirety and replaced with the Appendix A attached hereto.

 

2.Miscellaneous:

 

a.Defined Terms. Terms used in this Amendment but not defined herein shall have the meaning ascribed to them in the Agreement.

 

b.One Agreement. Except as amended herein, no other terms or provisions of the Agreement are amended or modified by this Amendment. Upon the execution of this Amendment, this Amendment and the Agreement shall form one agreement.

 

c.Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed to be an original, and all such counterparts taken together shall constitute one and the same Amendment. Counterparts may be executed in either original or electronically transmitted form (e.g., faxes or emailed portable document format (PDF) form), and the Parties hereby adopt as original any signatures received via electronically transmitted form.

 

d.Governing Law. This Amendment shall be governed by, and construed in accordance with, the choice of law set forth in the Agreement (excluding the law thereof which requires the application of or reference to the law of any other jurisdiction).

 

Information Classification: Limited Access

 

 

 

   

IN WITNESS WHEREOF, this Amendment has been executed for and on behalf of the undersigned as of the day and year first written above.

 

  SCM TRUST  
  ON BEHALF OF ITSELF AND ITS FUNDS LISTED ON  
  APPENDIX A  
       
  By:    
  Name: Steve Rogers  
  Title: President and Chairman  

 

  SHELTON FUNDS  
  ON BEHALF OF ITSELF AND ITS FUNDS LISTED ON  
  APPENDIX A  
       
  By:    
  Name: Steve Rogers  
  Title: President and Chairman  

 

  STATE STREET BANK AND TRUST COMPANY
       
  By:    
  Name: Andrea E. Sharp  
  Title: Managing Director  

  

Information Classification: Limited Access 

 

 

 

Appendix A

List of Client Entities

 

Trust Name Jurisdiction of Formation
SCM Trust Massachusetts
Shelton Funds Delaware

 

FUND NAME TRUST COMPLEX
Shelton Equity Premium Income ETF SCM Trust
ICON Consumer Select Fund SCM Trust
ICON Equity Fund SCM Trust
ICON Equity Income Fund SCM Trust
ICON Flexible Bond Fund SCM Trust
ICON Health and Information Technology Fund SCM Trust
ICON Natural Resources and Infrastructure Fund SCM Trust
ICON Utilities and Income Fund SCM Trust
Shelton Emerging Markets Fund SCM Trust
Shelton International Select Equity Fund SCM Trust
Shelton Tactical Credit Fund SCM Trust
Green California Tax-Free Income Fund Shelton Funds
Shelton S&P 500 Index Fund Shelton Funds
Shelton S&P MidCap Index Fund Shelton Funds
S&P SmallCap Index Fund Shelton Funds
Shelton Equity Income Fund Shelton Funds
Nasdaq-100 Index Fund Shelton Funds
U.S. Government Securities Fund Shelton Funds
The United States Treasury Trust Shelton Funds
Shelton Sustainable Equity Fund Shelton Funds

 

Information Classification: Limited Access