TRANSFER AGENCY AND SERVICE AGREEMENT BETWEEN EACH OF THE ENTITIES, INDIVIDUALLY AND NOT JOINTLY, AS LISTED ON SCHEDULE A AND BOSTON FINANCIAL DATA SERVICES, INC.Transfer Agency and Service Agreement • October 3rd, 2007 • CNL Funds • Massachusetts
THIS AGREEMENT made as of the 13 day of April 2007, by and between EACH OF THE ENTITIES, INDIVIDUALLY AND NOT JOINTLY, as listed on Schedule A, having their principal office and place of business at 450 South Orange Avenue, Orlando, Florida 32801-3336 (collectively, the “Funds” and individually, the “Fund”) and BOSTON FINANCIAL DATA SERVICES, INC., a Massachusetts corporation having its principal office and place of business at 2 Heritage Drive, North Quincy, Massachusetts 02171 (the “Transfer Agent”).
FORESIDE FUND SERVICES, LLC DEALER AGREEMENTDealer Agreement • April 30th, 2009 • CNL Funds • 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, Foreside Fund Services, 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.
MASTER CUSTODIAN AGREEMENTMaster Custodian Agreement • October 3rd, 2007 • CNL Funds • Massachusetts
AGREEMENT AND DECLARATION OF TRUST OF THE CNL FUNDSAgreement and Declaration • February 22nd, 2007 • CNL Funds
THIS AGREEMENT AND DECLARATION OF TRUST of The CNL Funds, dated February 15, 2007, is among J. Grayson Sanders (the “Initial Trustee”), as Trustee, and each person who becomes a Shareholder in accordance with the terms hereinafter set forth.
THE CNL FUNDS DISTRIBUTION AGREEMENTDistribution Agreement • April 30th, 2009 • CNL Funds • Delaware
AGREEMENT made as of the 31st day of March 2009 by and between The CNL Funds, a Delaware business trust that acts as an open-end investment company, with its principal office and place of business at 450 South Orange Avenue, Orlando, FL 32801-3336 (the “Client”), and Foreside Fund Services, LLC, a Delaware limited liability company with its principal office and place of business at Three Canal Plaza, Suite 100, Portland, Maine 04101 (“Foreside”).
ADMINISTRATION AGREEMENTAdministration Agreement • October 18th, 2007 • CNL Funds • Massachusetts
This Administration Agreement (“Agreement”) dated and effective as of May 24, 2007, is by and between State Street Bank and Trust Company, a Massachusetts trust company (the “Administrator”), and The CNL Funds, a Delaware statutory trust (the “Trust”).
THE CNL FUNDS COMPLIANCE SERVICES AGREEMENTCompliance Services Agreement • April 30th, 2009 • CNL Funds • Delaware
AGREEMENT made as of the 12th of March, 2007 by and between The CNL Funds (the “Trust”), a Delaware statutory trust, with its principal office and place of business 450 South Orange Avenue, Orlando, FL 32801.and Foreside Compliance Services, LLC, a Delaware limited liability company with its principal office and place of business at Two Portland Square, Portland, Maine, 04101 (“FCS”).
BRAND LICENSE AGREEMENTBrand License Agreement • October 3rd, 2007 • CNL Funds • Florida
THIS BRAND LICENSE AGREEMENT (this “Agreement”) is entered into effective as of May 24, 2007 (the “Effective Date”), by and between CNL INTELLECTUAL PROPERTIES, INC., a Florida corporation (“Licensor”) and THE CNL FUNDS, a Delaware statutory trust (“CNL Funds”) (CNL Funds is also referred to herein as “Licensee”).
THE CNL FUNDS RELATED AGREEMENT TO DISTRIBUTION PLAN (CLASS C SHARES)Distribution Plan • October 18th, 2007 • CNL Funds • Florida
This Related Agreement (the “Agreement”) is entered into in accordance with Rule 12b-1 under the Investment Company Act of 1940, as amended (the “1940 Act”), by The CNL Funds (the “Trust”) on behalf of each of the series portfolio set forth in Schedule A to this Agreement (each a “Fund” and together, the “Funds”), with respect to the Class C Shares of each Fund listed on Schedule A. This Agreement, being made between Foreside Fund Services, LLC (the “Distributor”) and the Trust, on behalf of each Fund, defines the services to be provided by the Distributor, or its designees, for which it is to receive payments pursuant to the Distribution Plan (Class C Shares) (the “Plan”) adopted by the Trust. The Plan has been approved by a majority of the trustees of the Trust (“Trustees”), including a majority of the Trustees who are not “interested persons” of the Trust (as defined in the 1940 Act) and have no direct or indirect financial interest in the operation of the Plan or this Agreement (th
ADVISORY AGREEMENTAdvisory Agreement • October 3rd, 2007 • CNL Funds • Delaware
THIS AGREEMENT is entered into as of the 24th day of May, 2007, by and between CNL Fund Advisors Company (the “Adviser”) and The CNL Funds (the “Trust”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • October 18th, 2007 • CNL Funds
AGREEMENT made as of this 24th day of August, 2007 by and among CNL FUND ADVISORS COMPANY, a Florida corporation (the “Adviser”), CB RICHARD ELLIS GLOBAL REAL ESTATE SECURITIES, LLC, a Delaware limited liability company (the “Sub-Adviser”), and THE CNL FUNDS, a Delaware statutory trust (the “Trust”).
AMENDMENT TO THE CNL FUNDS DISTRIBUTION AGREEMENTFunds Distribution Agreement • April 30th, 2009 • CNL Funds
This amendment to The CNL Funds Distribution Agreement by and between The CNL Funds (the “Trust”) and Foreside Fund Services, LLC, dated March 31, 2009 (the “Agreement”), is entered into this 24th day of April, 2009 (the “Amendment”).
INVESTMENT SUB-ADVISORY AGREEMENTInvestment Sub-Advisory Agreement • October 3rd, 2007 • CNL Funds • Delaware
AGREEMENT made as of this 24th day of August 2007 by and among CNL FUND ADVISORS COMPANY, a Florida corporation (the “Adviser”), CB RICHARDS ELLIS GLOBAL REAL ESTATE SECURITIES, LLC, a Delaware limited liability company (the “Sub-Adviser”), and THE CNL FUNDS, a Delaware statutory trust (the “Trust”).
THE CNL FUNDS FIRST AMENDMENT TO EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • April 29th, 2008 • CNL Funds
THIS FIRST AMENDMENT TO EXPENSE LIMITATION AGREEMENT (this “Amendment”) is made and entered into as of February 28, 2008, by and between THE CNL FUNDS (the “Trust”), on behalf of each portfolio of the Trust, a Delaware statutory trust and CNL Fund Advisors Company, a Florida corporation (“the “Adviser”).
AMENDMENT TO INDEMNIFICATION AGREEMENT BY AND AMONG CNL FUND ADVISORS COMPANY, CB RICHARD ELLIS GLOBAL REAL ESTATE SECURITIES, LLC AND THE CNL FUNDSIndemnification Agreement • April 29th, 2008 • CNL Funds
This Amendment (the “Amendment”) to the Indemnification Agreement by and among CNL Fund Advisors Company (“CNL”), CB Richard Ellis Global Real Estate Securities, LLC (“CBRE”) and The CNL Funds (the “Trust”), dated August 24, 2007 (the “Agreement”), is entered into as of October 22, 2007. Capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.
FORESIDE FUND SERVICES, LLC WHOLESALE BROKER AGREEMENT THE CNL FUNDSWholesale Broker Agreement • October 3rd, 2007 • CNL Funds • Delaware
THIS WHOLESALE BROKER AGREEMENT (the “Agreement”) is made as of this 30th day of July, 2007 by and between FORESIDE FUND SERVICES, LLC, a Delaware limited liability company (the “Distributor”), and CNL SECURITIES CORP., a Florida corporation (the “Wholesaler”).
THE CNL FUNDS EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • May 29th, 2007 • CNL Funds • Delaware
This EXPENSE LIMITATION AGREEMENT, effective as of May 24, 2007, by and between The CNL Funds (the “Trust”), on behalf of each portfolio of the Trust set forth on Schedule A hereto (each a “Fund”, and collectively, the “Funds”), and CNL Fund Advisors Company (the “Adviser”).
FIRST AMENDMENT TO BRAND LICENSE AGREEMENTBrand License Agreement • October 18th, 2007 • CNL Funds
THIS FIRST AMENDMENT TO BRAND LICENSE AGREEMENT (this “Amendment”) is made and entered into as of June 29, 2007, by and between CNL INTELLECTUAL PROPERTIES, INC., a Florida corporation (“Licensor” or “CIPI”) and THE CNL FUNDS, a Delaware statutory trust (“CNL Funds” or “Licensee”).
THE CNL FUNDS SERVICE AGENT AGREEMENTService Agent Agreement • October 3rd, 2007 • CNL Funds • Delaware
THIS SERVICE AGENT AGREEMENT (the “Agreement”) is made as of this day of , 200 by and between FORESIDE FUND SERVICES, LLC, a Delaware limited liability company (the “Distributor”), and , a (the “Service Agent”).
AMENDMENT TO CUSTODIAN AGREEMENTCustodian Agreement • April 29th, 2008 • CNL Funds
This Amendment to the Custodian Agreement is made as of February 28, 2008 by and between each of the funds listed on Appendix A to the Custodian Agreement described below, as such Appendix A may be amended from time to time (each, a “Fund”) and State Street Bank and Trust Company (the “Custodian”). Capitalized terms used in this Amendment without definition shall have the respective meanings given to such terms in the Custodian Agreement referred to below.
