Embarcadero Funds Inc Sample Contracts

EXHIBIT 13.1 SUBSCRIPTION AGREEMENT HX Funds, Inc. San Francisco, California Gentlemen: The undersigned hereby subscribes to 10,000 shares of the Common Stock, $.0001 par value per share, of HX Funds, consisting of 3,333 shares of the Micro Cap Fund,...
Subscription Agreement • December 4th, 1995 • Van Wagoner Funds Inc

The undersigned hereby subscribes to 10,000 shares of the Common Stock, $.0001 par value per share, of HX Funds, consisting of 3,333 shares of the Micro Cap Fund, 3,334 shares of the Emerging Growth Fund and 3,333 shares of the Mid-Cap Fund, in consideration for which the undersigned agrees to transfer to you upon demand cash in the amount of $100,000 ($10 per share of each Fund). It is understood that upon receipt by you of payment therefor, said shares shall be issued and shall be deemed to be fully paid and nonassessable.

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CUSTODY AGREEMENT BETWEEN THE HUNTINGTON NATIONAL BANK EMBARCADERO FUNDS INC.
Custody Agreement • April 27th, 2009 • Embarcadero Funds Inc • Ohio
ARTICLE I
Transfer Agency Agreement • October 17th, 1997 • Van Wagoner Funds Inc • Wisconsin
EXHIBIT 1 ---------
Agreement • February 24th, 2000 • Van Wagoner Funds Inc • Services-prepackaged software

AGREEMENT, dated as of February 24, 2000, by and among Van Wagoner Capital Management, Inc., a Delaware corporation and Van Wagoner Funds, Inc., a Maryland corporation.

AMENDED APPENDIX B - CUSTODY AGREEMENT
Custody Agreement • October 17th, 1997 • Van Wagoner Funds Inc
WITNESSETH:
Investment Advisory Agreement • April 29th, 2004 • Van Wagoner Funds Inc • California
EXHIBIT 4 ---------
Voting Agreement • February 24th, 2000 • Van Wagoner Funds Inc • Services-prepackaged software • Washington
WITNESSETH:
Investment Advisory Agreement • April 29th, 2004 • Van Wagoner Funds Inc • California
RECITALS:
Accounting Services Agreement • April 27th, 2009 • Embarcadero Funds Inc • Ohio
FORM OF INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • February 26th, 2010 • Embarcadero Funds Inc

AGREEMENT (“Agreement”), made this ____ day of ______, 2009, between Embarcadero Funds, Inc., a Maryland corporation (the “Company”), and Van Wagoner Capital Management, Inc., a Delaware corporation (the “Adviser”).

CUSTODY AGREEMENT Dated October 2, 2009 Between UMB BANK, N.A. and EMBARCADERO FUNDS
Custody Agreement • February 26th, 2010 • Embarcadero Funds Inc
INVESTMENT ADVISORY AGREEMENT AGREEMENT ("Agreement"), made this twenty sixth day of September, 2008, between Van Wagoner Funds, Inc., a Maryland corporation (the "Company"), and Van Wagoner Capital Management, Inc., a Delaware corporation (the...
Investment Advisory Agreement • February 26th, 2009 • Embarcadero Funds Inc

AGREEMENT ("Agreement"), made this twenty sixth day of September, 2008, between Van Wagoner Funds, Inc., a Maryland corporation (the "Company"), and Van Wagoner Capital Management, Inc., a Delaware corporation (the "Adviser"). W I T N E S S E T H : WHEREAS, the Company is currently registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (the "Act") as an open-end management investment company. The Company's authorized shares are divided into series, including the Small-Cap Growth Fund (the "Fund"); WHEREAS, the Adviser, which is an investment adviser registered under the Investment Advisers Act of 1940, provides investment advisory services to the Fund, pursuant to a separate investment advisory agreement; and WHEREAS, the Company and the Adviser desire to enter into a new investment advisory agreement with respect to the Fund. NOW, THEREFORE, the Company and the Adviser do mutually promise and agree as follows: 1. Employment. The Company hereby

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • April 28th, 2006 • Van Wagoner Funds Inc • California

THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of the 1st day of September, 2003, by and between VAN WAGONER FUNDS, INC., a Maryland corporation (the “Company”), on behalf of the Van Wagoner Emerging Growth Fund (the “Fund”) and VAN WAGONER CAPITAL MANAGEMENT, INC., a California corporation (the “Adviser”).

AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • April 28th, 2006 • Van Wagoner Funds Inc

THIS AMENDMENT TO INVESTMENT ADVISORY AGREEMENT (the “Amendment”) is made as of the 1st day of January, 2006, by and between VAN WAGONER FUNDS, INC., a Maryland corporation (the “Company”), on behalf of Van Wagoner Emerging Growth Fund (the “Fund”) and VAN WAGONER CAPITAL MANAGEMENT, INC., a California corporation (the “Adviser”).

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SUBADVISORY AGREEMENT BETWEEN VAN WAGONER CAPITAL MANAGEMENT, INC. AND
Subadvisory Agreement • February 26th, 2010 • Embarcadero Funds Inc • Delaware

AGREEMENT made as of the [ ] day of [ ], 2009, by and between Van Wagoner Capital Management, Inc., a Delaware corporation with its principal office and place of business at 3 Embarcadero Center, Suite 1120, San Francisco, CA, 94111 (the “Adviser”) and [ ], a [ ] with its principal office and place of business at [ ] (the “Subadviser”).

RECITALS:
Transfer Agent Agreement • April 27th, 2009 • Embarcadero Funds Inc • Ohio
DAVID JONES & ASSOC., P.C. Law Firm
Agreement and Plan of Reorganization • November 17th, 2010 • Tanaka Funds Inc
ARTICLE I
Transfer Agency Agreement • December 4th, 1995 • Van Wagoner Funds Inc • Wisconsin
AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • April 28th, 2006 • Van Wagoner Funds Inc

THIS AMENDMENT TO INVESTMENT ADVISORY AGREEMENT (the “Amendment”) is made as of the 1st day of January, 2006, by and between VAN WAGONER FUNDS, INC., a Maryland corporation (the “Company”), on behalf of Van Wagoner Small-Cap Growth Fund (the “Fund”) and VAN WAGONER CAPITAL MANAGEMENT, INC., a California corporation (the “Adviser”).

AMENDED AND RESTATED EXHIBIT A
Underwriting Agreement • April 11th, 2008 • Van Wagoner Funds Inc

This Amended and Restated Exhibit A, dated as of April 11, 2008, is the Amended and Restated Exhibit A to that certain Underwriting Agreement dated as of January 1, 2004, between PFPC Distributors, Inc. and Van Wagoner Funds, Inc. for the addition of Van Wagoner Post Venture Fund, Van Wagoner Mid-Cap Growth Fund and Van Wagoner Technology Fund.

Contract
Transfer Agency Services Agreement • April 27th, 2007 • Van Wagoner Funds Inc

This SECTION 312 “FOREIGN FINANCIAL INSTITUTION’ SPECIAL DUE DILIGENCE ANTI-MONEY LAUNDERING AMENDMENT (this “Amendment”) amends as of June 21, 2006 (the “Effective Date”), the Transfer Agency Services Agreement, dated as of December 9, 2000, between Van Wagoner Funds, Inc. (the “Company” or the “Fund”) and PFPC Inc. (“PFPC”) (the “Agreement”).

OPERATING EXPENSES LIMITATION AGREEMENT
Operating Expenses Limitation Agreement • February 26th, 2010 • Embarcadero Funds Inc • California

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is made as of October 23, 2009, by and between Embarcadero Funds, Inc., a Maryland corporation (the “Company”) on behalf of the Funds listed on Schedule A of this Agreement, each Fund a series of the Company, and the investment adviser of the Funds, Van Wagoner Capital Management, Inc. (the “Adviser”).

VAN WAGONER ALL-CAP GROWTH AND SMALL-CAP GROWTH FUNDS
Sub-Advisory Agreement • February 26th, 2009 • Embarcadero Funds Inc

AGREEMENT (this “Agreement”) made this 1ST day of October, 2008, by and among Van Wagoner Funds, Inc., a Maryland corporation (the “Company”), Van Wagoner Capital Management, Inc., a Delaware corporation (the “Adviser”), and Husic Capital Management, a California limited partnership (the “Portfolio Manager”).

SECTION 403(B)(7) CUSTODIAL ACCOUNT AGREEMENT (LOGO) VAN WAGONER ----------- FUNDS INTRODUCTION
Custodial Account Agreement • April 28th, 1998 • Van Wagoner Funds Inc • Missouri
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