Tributary Funds, Inc. Sample Contracts

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RECITALS
Investment Sub-Advisory Agreement • May 25th, 2012 • Tributary Funds, Inc. • Colorado
INDEMNIFICATION AGREEMENT
Indemnification Agreement • July 25th, 2018 • Tributary Funds, Inc. • Nebraska

This Indemnification Agreement (this “Agreement”) is made and entered into this 13th day of June, 2018 between Tributary Funds, Inc., a Nebraska corporation (the “Company”), and Donna Walsh (“Indemnitee”), a director of the Company.

AGREEMENT AND PLAN OF REORGANIZATION
Agreement and Plan of Reorganization • May 26th, 2011 • Federated World Investment Series Inc • Pennsylvania

THIS AGREEMENT AND PLAN OF REORGANIZATION (the “Agreement”) is made as of this [ ] day of [ ], 2011, by and between Federated World Investment Series, Inc., a Maryland corporation, with its principal place of business at 4000 Ericsson Drive, Warrendale, PA 15086-7561 (the “Acquiring Fund Registrant”), on behalf of its series, Federated International Leaders Fund (the “Acquiring Fund”), and Tributary Funds, Inc., a Nebraska corporation, with its principal place of business at 1620 Dodge Street, Omaha, NE 68197 (the “Acquired Fund Registrant”), on behalf of its series, Tributary International Equity Fund (“Acquired Fund” and, collectively with the Acquiring Fund, the “Funds”).

AMENDED EXPENSE WAIVER AGREEMENT
Expense Waiver Agreement • July 24th, 2024 • Tributary Funds, Inc.

THIS AGREEMENT, dated as of August 1, 2024, is made and entered into by and between Tributary Funds, Inc. (the “Company”), on behalf of the investment series set forth on Schedule A attached hereto (each, a “Fund,” and collectively, the “Funds”), and Tributary Capital Management, LLC (the “Adviser”).

INDEMNIFICATION AGREEMENT
Indemnification Agreement • July 21st, 2017 • Tributary Funds, Inc. • Nebraska

This Indemnification Agreement (this "Agreement") is made and entered into this 21st day of February, 2017 between Tributary Funds, Inc., a Nebraska corporation (the "Company"), and Brittany A. Fahrenkrog ("Indemnitee"), a director of the Company.

VANGUARD MARKETING CORPORATION OPERATING AGREEMENT
Operating Agreement • July 31st, 2014 • Tributary Funds, Inc. • New York

This Operating Agreement (the “Agreement”) is entered into among Tributary Funds, Inc., a Nebraska corporation (the “Fund Company”), Northern Lights Distributors, LLC a Nebraska Limited Liability Company (the “Distributor”), Tributary Capital Management a Colorado Limited Liability Company (the “Adviser”) and Vanguard Marketing Corporation, a Pennsylvania corporation (“Broker-Dealer”).

DISTRIBUTION SERVICES AGREEMENT
Distribution Services Agreement • July 22nd, 2019 • Tributary Funds, Inc. • Nebraska

THIS DISTRIBUTION SERVICES AGREEMENT (this “Agreement”) is made effective as of February 1, 2019, by and between Tributary Capital Management, LLC (the “Adviser”), and Northern Lights Distributors, LLC (the “Distributor”).

UNDERWRITING AGREEMENT Between TRIBUTARY FUNDS, INC. and NORTHERN LIGHTS DISTRIBUTORS, LLC
Underwriting Agreement • July 26th, 2013 • Tributary Funds, Inc. • Nebraska

AGREEMENT effective this 10th day of November 2012, by and between TRIBUTARY FUNDS, INC., a Nebraska corporation, having its principal office and place of business at 1620 Dodge Street, Omaha Nebraska 68197 (the “Corporation”), and NORTHERN LIGHTS DISTRIBUTORS, LLC, a Nebraska limited liability company having its principal office and place of business at 17605 Wright Street, Omaha, Nebraska 68130 (“NLD”).

AMENDED AND RESTATED AGENCY AGREEMENT
Agency Agreement • July 26th, 2013 • Tributary Funds, Inc. • Missouri

THIS AMENDED AND RESTATED AGREEMENT made as of October 1, 2012, by and between TRIBUTARY FUNDS, INC. (formerly known as First Focus Funds, Inc.), a corporation existing under the laws of the State of Nebraska, having its principal place of business at 1620 Dodge Street, Omaha, Nebraska 68197 (the “Fund”), and DST SYSTEMS, INC., a corporation existing under the laws of the State of Delaware, having its principal place of business at 333 West 11th Street, 5th Floor, Kansas City, Missouri 64105 (“DST”):

DISTRIBUTION AGREEMENT
Distribution Agreement • July 30th, 2007 • First Focus Funds Inc • New York

AGREEMENT made as of August 1, 2007 between First Focus Funds, Inc. (the “Company”), having an office at 1620 Dodge Street, Omaha, NE 68197, and Foreside Distribution Services, L.P. (“Distributor”), having an office at 100 Summer Street, Boston, Massachusetts 02110.

INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • July 31st, 2012 • Tributary Funds, Inc. • Colorado

This AGREEMENT is made and entered this 17th day of November, 2011, by and between Tributary Capital Management, LLC, a Colorado limited liability company (the “Adviser”) and First National Bank (Omaha), a national banking association having its principal place of business in Omaha, Nebraska and doing business as First National Fund Advisers (“Sub-Adviser”).

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Amendment to Expense Waiver Agreement between Tributary Funds, Inc. and Tributary Capital Management
Expense Waiver Agreement • December 30th, 2015 • Tributary Funds, Inc.

This Amendment is made by and between Tributary Funds, Inc. (the "Company") on behalf of certain investment series (each, a "Fund," and collectively, the "Funds"), and Tributary Capital Management, LLC ("Adviser").

OMNIBUS ORDER PROCESSING AGREEMENT
Omnibus Order Processing Agreement • July 25th, 2018 • Tributary Funds, Inc. • New York

This Omnibus Order Processing Agreement, including all Exhibits attached hereto (“Agreement”), is made as of December 12, 2017, among J.P. Morgan Securities LLC (“JPMS”), each registered investment company executing this Agreement (each, a “Fund Company”), on its own behalf and on behalf of each of its series or classes of shares listed on Exhibit A hereto (each, a “Fund”), and Northern Lights Distributors, LLC, a Nebraska limited liability company (“Principal Underwriter”).

CUSTODIAN AGREEMENT (FOREIGN AND DOMESTIC SECURITIES)
Custodian Agreement • July 29th, 2009 • First Focus Funds Inc • California

This Custodian Agreement is made by and between First Focus Funds, Inc. on behalf of it’s International Equity Fund series (“Principal”) and UNION BANK OF CALIFORNIA, N.A. (“Custodian”). Principal desires that Custodian hold and administer on behalf of Principal certain Securities (as herein defined). Custodian is willing to do so on the terms and conditions set forth in this Agreement. Accordingly, Principal and Custodian agree as follows:

Second Amendment to Investment Sub-Advisory Agreement between Tributary Capital Management, LLC and First National Fund Advisers
Investment Sub-Advisory Agreement • December 30th, 2015 • Tributary Funds, Inc.

This Amendment is made by and between Tributary Capital Management, LLC, a Colorado limited liability company ("Adviser") and First National Bank (Omaha), a national banking association having its principal place of business in Omaha, Nebraska and doing business as First National Fund Advisers ("Sub-Adviser").

FEE APPORTIONMENT AGREEMENT
Fee Apportionment Agreement • August 1st, 2011 • Tributary Funds, Inc.

THIS FOURTH AMENDED AND RESTATED FEE APPORTIONMENT AGREEMENT (the “Agreement”) is made as of July 25, 2011, by and among: (1) Tributary Funds, Inc., a registered open-end management investment company organized as a Nebraska corporation having its principal place of business at 1620 Dodge Street, Omaha, NE 68197 (the “Company”), on behalf of the Tributary Core Equity Fund, the Tributary Short/Intermediate Bond Fund, the Tributary Small Company Fund, the Tributary Income Fund, the Tributary Large Cap Growth Fund, the Tributary Balanced Fund, and the Tributary Growth Opportunities Fund, (each, a “Fund” and collectivel y, the “Funds”), (2) Tributary Capital Management, LLC, a Colorado limited liability company (“Tributary”), (3) First National Bank, a national banking association having its principal place of business at 205 West Oak Street, Fort Collins, CO 80521, on behalf of its division, First National Fund Advisers (“FNFA”), and (4) First National Bank, a national banking association

ADMINISTRATIVE SERVICES AGREEMENT
Administrative Services Agreement • July 23rd, 2020 • Tributary Funds, Inc. • Colorado

THIS ADMINISTRATIVE SERVICES AGREEMENT (the “Agreement”) is effective this 7th day of November, 2019 (the “Effective Date”) by and between GWFS Equities, Inc. (“GWFS”), a Delaware corporation having its principal office and place of business at 8515 East Orchard Road, Greenwood Village, Colorado, 80111, Tributary Funds, Inc., a registered open-end management investment company organized as a Nebraska corporation having its principal place of business at 1620 Dodge Street, Omaha, NE 68197 (the “Fund Company”) and Tributary Capital Management LLC (the “Adviser”), a Colorado limited liability company having its principal office and place of business at 1620 Dodge Street, Omaha, NE 68197 (each a “Party” and collectively the “Parties”).

AMENDMENT TO OPERATING AGREEMENT
Operating Agreement • November 6th, 2017 • Tributary Funds, Inc.

This Amendment (“Amendment”) is made as of March 15, 2017, by and between Charles Schwab & Co., Inc. (“Schwab”), a California corporation, and each registered investment company (“Fund Company”) executing this Amendment on its own behalf and on behalf of each of its series or classes of shares (“Fund(s)”) listed on Schedule I to the Operating Agreement, made as of April 17, 2006, as amended thereafter (“Operating Agreement”). This Amendment amends the Operating Agreement. All capitalized terms used in the Amendment and not defined herein shall have the meaning ascribed to them in the Operating Agreement.

SERVICES AGREEMENT
Services Agreement • June 1st, 2010 • First Focus Funds Inc • Massachusetts

THIS AGREEMENT (the “Agreement”) is made as of the 1st day of August, 2009 by and among: (1) National Financial Services LLC (“NFS”) and Fidelity Brokerage Services LLC (“FBS”) (solely with respect to Articles One and Three); (2) Fidelity Investments Institutional Operations Company, Inc. (“FIIOC”) (solely with respect to Articles Two and Three); (3) Northern Lights Distributors, LLC (“Distributor”); and FNB Fund Advisers and Tributary Capital Management, LLC (“Adviser”) (collectively the Distributor and Adviser shall be referred to as “Fund/Agent” who are jointly and severally bound under the terms of the Agreement herein). NFS, FBS, and FIIOC are collectively referred to as “Fidelity” herein.

FIRST FOCUS FUNDS, INC. INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • July 30th, 2007 • First Focus Funds Inc • Nebraska

AGREEMENT executed this 19th day of June 2007, by and between the First National Bank of Omaha, a national banking association (the “Adviser”), and Riverbridge Partners, LLC, a Minnesota limited liability company (the “Sub-Adviser”).

JP Morgan Custody Fee Schedule for Tributary Fund Safekeeping, Administration and Transactions
Custody Fee Schedule • August 1st, 2011 • Tributary Funds, Inc.

This custody fee schedule is provided in accordance with and subject to the terms of the Custody Agreement dated _______, 2011, as amended from time to time (the “Agreement”), by and between JPMorgan Chase Bank (“Bank”) and each open-end management investment company listed on Exhibit 1 thereto (each a “Trust,” collectively “Customer”).

FUND ACCOUNTING AND CO-ADMINISTRATION SERVICES AGREEMENT
Fund Accounting and Co-Administration Services Agreement • July 29th, 2015 • Tributary Funds, Inc. • Nebraska

THIS AGREEMENT (this “Agreement”) is made and entered into as of August 1, 2015, by and between the Tributary Funds, Inc., a Nebraska corporation (the “Company”), and Atlantic Fund Administration, LLC (d/b/a Atlantic Fund Services), a limited liability company organized under the laws of the State of Delaware (“AFS”).

Fee Apportionment Agreement
Fee Apportionment Agreement • July 30th, 2008 • First Focus Funds Inc

This Fee Apportionment Agreement is made this 20th day of July, 2007 by First Focus Funds, Inc., a Nebraska corporation (the “Fund”) and Tributary Capital Management, LLC, a Colorado limited liability company (“Tributary”).

THIRD AMENDMENT TO SCHEDULE B SERVICE FEES Dated April 1, 2014
Service Fees Agreement • July 31st, 2014 • Tributary Funds, Inc.
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