Exhibit (h)(3)
AB ACTIVE ETFs, INC.
1345 Avenue of the Americas
New York, NY 10105
April 25, 2023
STATE STREET BANK AND TRUST COMPANY
2495 Natomas Park Drive, Suite 400
Sacramento, CA 95833
Attention: Andrea Sharp
Telephone: 916-319-6688
with a copy to:
STATE STREET BANK AND TRUST COMPANY
Legal Division - Global Services Americas
One Lincoln Street
Boston, MA 02111
Attention: Senior Vice President and Senior Managing Counsel
Effective May 1, 2023:
State Street Bank and Trust Company
1 Congress Street, Suite 1
Boston, MA 02114-2016
Attention: Senior Vice President and Senior Managing Counsel
Re: AB ACTIVE ETFs, INC. (the “Fund”)
Ladies and Gentlemen:
Please be advised that the undersigned Fund has established a new portfolio series known as AB High Yield ETF (the “Portfolio”).
In accordance with Section 1, the Appointment of Administrator provision, of the Administration Agreement dated as of August 8, 2022, as amended, modified, or supplemented from time to time (the “Agreement”), by and between AB Active ETFs, Inc. and State Street Bank and Trust Company (“State Street”), the undersigned Fund hereby requests that State Street act as Administrator for the new Portfolio under the terms of the Agreement, and that Schedule A to the Agreement be hereby amended and restated as set forth on Exhibit A attached hereto. Further, the undersigned Fund hereby requests that State Street as Administrator render services to the new Portfolio in accordance with Schedule B6 to the Agreement, and that Annex I to Schedule B6 be hereby amended and restated as set forth on Exhibit B attached hereto. In connection with such request, the undersigned Fund hereby confirms, as of the date hereof, its representations and warranties set forth in Section 4 of the Agreement.
Please indicate your acceptance of the foregoing by executing this letter agreement and returning a copy to the Fund.
| Sincerely, | ||
| AB ACTIVE ETFs, INC. | ||
| By: |
/s/ Stephen J. Laffey | |
| Name: |
Stephen J. Laffey | |
| Title: |
Assistant Secretary, Duly Authorized | |
| Agreed and Accepted: | ||
| STATE STREET BANK AND TRUST COMPANY
| ||
| By: |
/s/ Andrea E. Sharp | |
| Name: |
Andrea E. Sharp | |
| Title: |
Managing Director, Duly Authorized | |
| Effective Date: May 1, 2023 | ||
EXHIBIT A
ADMINISTRATION
AGREEMENT
SCHEDULE A
Listing of Portfolios
AB Active ETFs, Inc.
AB Ultra Short Income ETF
AB Tax-Aware Short Duration Municipal ETF AB Disruptors ETF
AB US High Dividend ETF
AB US Low Volatility Equity ETF
AB High Yield ETF
EXHIBIT B
ANNEX I
AB Active ETFs, Inc,
Further to the Amendment to the Administration Agreement dated as of August 8, 2022 between AB Active ETFs, Inc. (the “Company”) and State Street Bank and Trust Company (the “Administrator”), the Company and the Administrator mutually agree to update this Annex I by adding Portfolio as applicable:
| Form N-PORT Services and Quarterly Portfolio of Investments Services
|
||||
|
AB Active ETFs, Inc. |
Service Type
Standard N- PORT and N- CEN Reporting Solution (Data and Filing)
|
|||
| AB Ultra Short Income ETF | Monthly | |||
| AB Tax-Aware Short Duration Municipal ETF |
Monthly | |||
| AB Disruptors ETF | Monthly | |||
| AB US High Dividend ETF | Monthly | |||
| AB US Low Volatility Equity ETF | Monthly | |||
| AB High Yield ETF | Monthly |
|
Form N-CEN Services |
||
| AB Active ETFs, Inc. | ||
IN WITNESS WHEREOF, the undersigned, by their authorized representatives, have executed this Annex 1 as of the last signature date set forth below.
| AB ACTIVE ETFs, INC. | STATE STREET BANK AND TRUST COMPANY | |||||||||
| By: |
/s/ Stephen J. Laffey |
By: |
/s/ Andrea E. Sharp | |||||||
| Name: Stephen J. Laffey |
Name: Andrea E. Sharp | |||||||||
| Title: Assistant Secretary |
Title: Managing Director | |||||||||
| Address: |
Address: 2495 Natomas Park Drive, Ste 300 Sacramento, CA 95833
| |||||||||
| Date: |
Date: April 25, 2023 | |||||||||