TABLE OF CONTENTSCustody Agreement • March 28th, 2006 • Fairholme Funds Inc
Exhibit (e) UNDERWRITING AGREEMENT THIS AGREEMENT is made as of August 15, 2005, by and between Fairholme Funds, Inc. (the "Fund"), a Maryland Corporation, and Citco Mutual Fund Distributors, Inc., a Delaware corporation ("Underwriter"). WHEREAS, the...Underwriting Agreement • March 28th, 2006 • Fairholme Funds Inc • Pennsylvania
EXHIBIT 23D INVESTMENT ADVISORY AGREEMENT FAIRHOLME FUNDS, INC. This Agreement is made and entered into as of the 15th of October, 1999, by and between Fairholme Funds, Inc., a Maryland corporation (the "Fund"), and Fairholme Capital Management, LLC,...Investment Advisory Agreement • October 6th, 1999 • Fairholmes Funds Inc
DISTRIBUTION AGREEMENTDistribution Agreement • March 28th, 2022 • Fairholme Funds Inc • Delaware
THIS AGREEMENT is made and entered into as of this 30th day of September 2021, by and between Fairholme Funds, Inc., a Maryland corporation (the “Client”) and Foreside Funds Distributors LLC, a Delaware limited liability company (the “Distributor”).
Exhibit (h)(2) MUTUAL FUND SERVICES AGREEMENT THIS AGREEMENT is made as of this 18th day of May, 2005, by and between FAIRHOLME FUNDS, INC. (the "Fund"), a Maryland corporation having its principal place of business at 51 JFK Parkway, Short Hills, New...Mutual Fund Services Agreement • March 28th, 2006 • Fairholme Funds Inc • Pennsylvania
INVESTMENT COMPANY SERVICES AGREEMENT FOR FAIRHOLME FUNDS, INC.Investment Company Services Agreement • December 7th, 1999 • Fairholme Funds Inc • Ohio
EXHIBIT 23H(1) OPERATING SERVICES AGREEMENT FAIRHOLME FUNDS, INC. THIS AGREEMENT is made and entered into as of the 15TH day of October, 1999, by and between Fairholme Funds, Inc., a Maryland corporation (the "Fund"), and Fairholme Capital Management,...Operating Services Agreement • October 6th, 1999 • Fairholmes Funds Inc • Maryland
DISTRIBUTION AGREEMENTDistribution Agreement • March 29th, 2007 • Fairholme Funds Inc • Wisconsin
THIS AGREEMENT is made and entered into as of this 18th day of December, 2006, by and among FAIRHOLME FUNDS, INC., a Maryland corporation (the “Company”), QUASAR DISTRIBUTORS, LLC, a Delaware limited liability company (the “Distributor”) and FAIRHOLME CAPITAL MANAGEMENT, L.L.C., a Delaware limited liability company, the investment advisor to the Fund (the “Advisor”), is a party hereto with respect to Section 5 only.
FAIRHOLME DISTRIBUTORS, LLC DEALER AGREEMENTDealer Agreement • March 29th, 2012 • Fairholme Funds Inc • Delaware
As the distributor of the shares (“Shares”) of each investment company portfolio (“Fund”), of the investment company or companies referenced above and covered hereunder (collectively, “Company”) which may be amended by us from time to time, Fairholme Distributors, LLC (“Distributor”) hereby invites you to participate in the selling group on the following terms and conditions. In this letter, the terms “we,” “us,” and similar words refer to the Distributor, and the terms “you,” “your,” and similar words refer to the dealer executing this agreement, including its associated persons.
EXHIBIT 23L Subscription Agreement of Fairholme Capital Management, LLC SUBSCRIPTION AGREEMENTSubscription Agreement • December 30th, 1999 • Fairholme Funds Inc
Exhibit (g)(2) RULE 17f-5 DELEGATION AGREEMENT By its execution of this Delegation Agreement by and between UMB Bank, n.a. (the Custodian), a national banking association, with its principal office in Kansas City, Missouri, and each of the registered...Delegation Agreement • March 28th, 2006 • Fairholme Funds Inc • Missouri
FAIRHOLME FUNDS, INC. INVESTMENT MANAGEMENT AGREEMENT FAIRHOLME ALLOCATION FUNDInvestment Management Agreement • March 29th, 2012 • Fairholme Funds Inc • Maryland
This Agreement is made and entered into as of the 22 of October, 2010, by and between Fairholme Funds, Inc., a Maryland corporation (the “Company”), on behalf of Fairholme Allocation Fund (the “Portfolio”), and Fairholme Capital Management, L.L.C., a Delaware limited liability company (“Manager”).
FEE WAIVER AND OPERATING EXPENSES LIMITATION AGREEMENTFee Waiver And • December 21st, 2010 • Fairholme Funds Inc • Maryland
THIS AGREEMENT (the "Agreement"), dated as of the _________ day of ___________, is by and between Fairholme Funds, Inc. (the "Company"), on behalf of its series The Fairholme Allocation Fund (the "Fund"), and Fairholme Capital Management, L.L.C. (the "Manager").
FORESIDE FUNDS DISTRIBUTORS LLC BROKER-DEALER AGREEMENTDealer Agreement • March 26th, 2020 • Fairholme Funds Inc • Delaware
As the distributor of the shares (“Shares”) of each investment company portfolio (“Fund”), of the investment company or companies referenced above and set forth on Appendix A (collectively, “Company”) which may be amended by us from time to time, Foreside Funds Distributors LLC (“Distributor”) hereby invites you to participate in the selling group on the following terms and conditions. In this agreement, the terms “we,” “us,” and similar words refer to the Distributor, and the terms “you,” “your,” and similar words and “Dealer” refer to the dealer executing this agreement, including its associated persons.
CALL CENTER AND COMPLIANCE SERVICES AGREEMENTCall Center And • January 23rd, 2009 • Fairholme Funds Inc • Pennsylvania
THIS AGREEMENT is made and entered into as of the 22nd day of January, 2007, and amended on July 24, 2008 and January 1, 2009, by and among Fairholme Funds, Inc., a Maryland corporation (the “Corporation”) and FCM Services, Inc., a Delaware corporation (“FCMS”) and Fairholme Capital Management, L.L.C., a Delaware limited liability company (the “Adviser”), which is a party hereto with respect to Section 3 only.
UNDERWRITING AGREEMENTUnderwriting Agreement • December 21st, 2010 • Fairholme Funds Inc
THIS UNDERWRITING AGREEMENT (the "Agreement") is made as of October 21, 2010 by and among FAIRHOLME DISTRIBUTORS, INC., a Delaware corporation ("Distributor"), FAIRHOLME FUNDS, INC., a Maryland corporation (the "Fund Company") and FAIRHOLME CAPITAL MANAGEMENT, L.L.C. (the "Advisor"), which is a party hereto with respect to Section 5 only.
CUSTODIAN SERVICES AGREEMENTCustodian Services Agreement • March 13th, 2009 • Fairholme Funds Inc
THIS AGREEMENT is made as of __________, 2008 by and among PFPC TRUST COMPANY, a limited purpose trust company incorporated under the laws of Delaware (“PFPC Trust”), Fairholme Funds, Inc., a Maryland corporation (the “Fund”) and Fairholme Capital Management, LLC (the “Advisor”), which is a party hereto with respect to Section 9 only. Capitalized terms not otherwise defined shall have the meanings set forth in Appendix A.
FAIRHOLME FUNDS, INC. INVESTMENT MANAGEMENT AGREEMENT FAIRHOLME ALLOCATION FUND This Agreement is made and entered into as of the 22 of October, 2010, by and between Fairholme Funds, Inc., a Maryland corporation (the "Company"), on behalf of Fairholme...Investment Management Agreement • January 31st, 2011 • Fairholme Funds Inc • Maryland
Transfer Agency Services Agreement Amended Exhibit ATransfer Agency Services Agreement • March 26th, 2024 • Fairholme Funds Inc
This Amended Exhibit A, amended and restated as of August 31, 2023, is Exhibit A to that certain Transfer Agency Services Agreement dated as of January 14, 2009, as amended, among Fairholme Funds, Inc., Fairholme Capital Management, L.L.C. (which is a party to the Agreement with respect to Section 9 only) and BNY Mellon Investment Servicing (US) Inc. (f\k\a PNC Global Investment Servicing (U.S.) Inc.).
AMENDMENT TO ADMINISTRATION AND ACCOUNTING SERVICES AGREEMENTAdministration and Accounting Services Agreement • March 27th, 2018 • Fairholme Funds Inc
This Amendment (the “Amendment”) dated June 1, 2017 is effective as of June 30, 2017 by and among FAIRHOLME CAPITAL MANAGEMENT, L.L.C. (the “Advisor”), FAIRHOLME FUNDS, INC. (the “Fund”) and BNY MELLON INVESTMENT SERVICING (US) INC. (“BNY Mellon”).
OPERATING SERVICES AGREEMENT FAIRHOLME FUNDS, INC.Operating Services Agreement • March 29th, 2007 • Fairholme Funds Inc • Maryland
This Agreement is made as of the 15th day of December, 1999, and amended effective January 22, 2007 (“Effective Date”), by and between Fairholme Funds, Inc., a Maryland corporation (the “Fund”), and Fairholme Capital Management, LLC, a Delaware limited liability company (hereinafter referred to as “Manager”).
AMENDMENT TO ADMINISTRATION AND ACCOUNTING SERVICES AGREEMENTAdministration and Accounting Services Agreement • March 27th, 2019 • Fairholme Funds Inc
This Amendment (the “Amendment”) dated June 18, 2018 is effective as of June 1, 2018 by and among FAIRHOLME CAPITAL MANAGEMENT, L.L.C. (the “Advisor”), FAIRHOLME FUNDS, INC. (the “Fund”) and THE BANK OF NEW YORK MELLON (as assigned from BNY Mellon Investment Servicing (US) Inc.) (“BNY Mellon”).
FAIRHOLME FUNDS, INC. INVESTMENT MANAGEMENT AGREEMENT FAIRHOLME FOCUSED INCOME FUND This Agreement is made and entered into as of the 21st of October, 2009, by and between Fairholme Funds, Inc., a Maryland corporation (the "Company"), on behalf of its...Fairholme Funds Inc • January 28th, 2010 • Maryland
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • March 29th, 2007 • Fairholme Funds Inc • Wisconsin
THIS AGREEMENT is made and entered into as of this 18th day of December, 2006, by and among FAIRHOLME FUNDS, INC., a Maryland corporation (the “Company”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”) and FAIRHOLME CAPITAL MANAGEMENT, L.L.C., a Delaware limited liability company (the “Advisor”), which is a party hereto with respect to Section 6 only.
Transfer Agency Services Agreement Amended Exhibit ATransfer Agency Services Agreement • December 21st, 2010 • Fairholme Funds Inc
This Amended Exhibit A, amended and restated as of October 22, 2010, is Exhibit A to that certain Transfer Agency Services Agreement dated as of January 14, 2009 and amended on December 17, 2009 and on April 19, 2010, among Fairholme Funds, Inc., Fairholme Capital Management, L.L.C. (which is a party to the Agreement with respect to Section 9 only) and BNY Mellon Investment Servicing (US) Inc. (f\k\a PNC Global Investment Servicing (U.S.) Inc.).
CALL CENTER AGREEMENTCall Center Agreement • October 21st, 2009 • Fairholme Funds Inc • Pennsylvania
THIS AGREEMENT is made and entered into as of the 22nd day of January, 2007, and amended on July 24, 2008, January 1, 2009 and October 20, 2009 by and among Fairholme Funds, Inc., a Maryland corporation (the “Corporation”) and FCM Services, Inc., a Delaware corporation (“FCMS”) and Fairholme Capital Management, L.L.C., a Delaware limited liability company (the “Adviser”), which is a party hereto with respect to Section 3 only.
Transfer Agency Services AgreementTransfer Agency Services Agreement • March 24th, 2016 • Fairholme Funds Inc
This Amendment, dated as of July 1, 2015 (“Amendment”), is entered into by and among BNY Mellon Investment Servicing (US) Inc. (“BNYM”), Fairholme Capital Management, LLC (“Adviser”) and Fairholme Funds, Inc. (“Fund”), on its own behalf and on behalf of the Portfolios listed in Exhibit A to the Current Agreement.
Amended Exhibit AA • October 21st, 2009 • Fairholme Funds Inc
This Amended Exhibit A, amended and restated as of October 21, 2009 for the addition of The Fairholme Focused Income Fund, is Exhibit A to that certain Underwriting Agreement dated January 14, 2009 between Fairholme Funds, Inc., Fairholme Capital Management, L.L.C. (which is a party to the Agreement with respect to Section 5 only) and PFPC Distributors, Inc.
FAIRHOLME FUNDS, INC. AMENDMENT TO ADMINISTRATION AND ACCOUNTING SERVICES AGREEMENTAdministration and Accounting Services Agreement • March 29th, 2012 • Fairholme Funds Inc
This Amendment (the “Amendment”) is effective as of November 1, 2011 by and among FAIRHOLME CAPITAL MANAGEMENT, L.L.C. (the “Advisor”), FAIRHOLME FUNDS, INC. (the “Fund”) and BNY MELLON INVESTMENT SERVICING (US) INC. (f/k/a PNC Global Investment Servicing (U.S.) Inc.) (“BNY Mellon”).
FIRST ADDENDUM TO CUSTODY AGREEMENT Between FAIRHOLME FUNDS, INC. andCustody Agreement • July 22nd, 2008 • Fairholme Funds Inc
By this First Addendum to the Custody Agreement (the “Agreement”) dated December 18, 2006, Fairholme Funds, Inc. (the “Company”) and U.S. Bank National Association (the “Custodian) agree to the following modifications to their Custody Agreement in the event a trade has failed. In the event of any conflicts or inconsistencies between the terms of the Agreement and this First Addendum, the terms of this First Addendum shall prevail.
CUSTODY AGREEMENTCustody Agreement • March 29th, 2007 • Fairholme Funds Inc • Ohio
Annual fee based upon market value per fund: 0.30 basis points on all assets plus transaction fees Minimum annual fee per fund - N/A - Portfolio Transaction Fees $ 5.00 per disbursement (waived if U.S. Bancorp is Administrator) $ 7.00 per US Bank repurchase agreement transaction $ 9.00 per book entry security (depository or Federal Reserve system) and non-US Bank repurchase agrmt $25.00 per portfolio transaction processed through our New York custodian definitive security (physical) $ 8.00 per principal paydown $15.00 per option/future contract written, exercised or expired $50.00 per Cedel/Euroclear transaction $15.00 per mutual fund trade $15.00 per Fed Wire $15.00 per margin variation Fed wire $ 6.00 per short sale A transaction is a purchase/sale of a security, free receipt/free delivery, maturity, tender or exchange. No charge for the initial conversion free receipt. Overdrafts - charged to the account at prime interest rate plus 2. Plus out-of-pocket expenses and extraordinary ex
Amended and Restated Exhibit AFairholme Funds Inc • March 26th, 2024
Exhibit A to the letter agreement relating to Rule 17f-5 and Rule 17f-7 under the Investment Company Act of 1940 between The Bank of New York Mellon and Fairholme Funds, Inc. dated May 9, 2011 is hereby amended and restated in its entirety effective as of August 31, 2023.
FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • March 29th, 2007 • Fairholme Funds Inc • Wisconsin
THIS AGREEMENT is made and entered into as of this 18th day of December, 2006, by and among FAIRHOLME FUNDS, INC., a Maryland corporation (the “Company”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”) and FAIRHOLME CAPITAL MANAGEMENT, L.L.C., a Delaware limited liability company (the “Advisor”), which is a party hereto with respect to Section 3 only.
Distribution Agreement Amended Exhibit ADistribution Agreement • March 26th, 2024 • Fairholme Funds Inc
This Amended Exhibit A, amended and restated as of August 31, 2023, is Exhibit A to that certain Distribution Agreement dated as of September 30, 2021, between Fairholme Funds, Inc. and Foreside Funds Distributors LLC.
Administration and Accounting Services Agreement Amended Exhibit AAdministration and Accounting Services Agreement • December 21st, 2010 • Fairholme Funds Inc
This Amended Exhibit A, amended and restated as of October 22, 2010, is Exhibit A to that certain Administration and Accounting Services Agreement dated as of January 14, 2009 and amended on December 17, 2009, among Fairholme Funds, Inc., Fairholme Capital Management, L.L.C. (which is a party to the Agreement with respect to Section 9 only) and BNY Mellon Investment Servicing (US) Inc. (f\k\a PNC Global Investment Servicing (U.S.) Inc.).
