KOPP FUNDS, INC. FIFTH AMENDMENT TO THE FUND ADMINISTRATION SERVICING AGREEMENT
Exhibit (h.2)(vi)
XXXX FUNDS, INC.
FIFTH AMENDMENT TO THE
FUND ADMINISTRATION SERVICING AGREEMENT
THIS FIFTH AMENDMENT dated as of September 30, 2004, to the Fund Administration Servicing Agreement, dated as of October 1, 1997, as amended (the "Agreement"), is entered by and between Xxxx Funds, Inc., a Minnesota corporation (the "Company") and U.S. Bancorp Fund Services, LLC, a Wisconsin limited liability company ("USBFS").
RECITALS
WHEREAS, the parties have entered into a Fund Administration Servicing Agreement; and
WHEREAS, the Company and USBFS desire to amend said Agreement; and
WHEREAS, Paragraph 7 of the Agreement allows for its amendment by a written instrument executed by both parties.
WHEREAS, the parties would like to add Xxxx Total Quality Management Fund Class A, C and I shares to the Agreement;
NOW, THEREFORE, the parties agree as follows:
Exhibit A of the Agreement is hereby superceded and replaced with Exhibit A attached hereto.
Except to the extent supplemented hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
XXXX FUNDS, INC.
U.S. BANCORP FUND SERVICES, LLC
By:
____________________________
By: ____________________________
Title:___________________________
Title:___________________________
Exhibit A
to the
Fund Administration Servicing Agreement
(Effective September 30, 2004)
Separate Series of Xxxx Funds, Inc.
Name of Series
Date Added
Emerging Growth Fund
Class A
October 1, 1997
Class I
October 1, 1997
Class C
December 31, 1998
Total Quality Management Fund
Class A
September 30, 2004
Class I
September 30, 2004
Class C
September 30, 2004
Annual fee based upon average fund net assets per class:
8 basis points on the first $200 million
6 basis points on the next $400 million
4 basis points on the balance
Emerging Growth Fund minimum annual fee:
$30,000 first class
$20,000 /fund next three classes
$15,000 /fund additional classes
Total Quality Management Fund minimum annual fee:
$30,000 three classes, year one
$40,000 three classes, year two
$50,000 three classes, year three and beyond
Plus out-of-pocket expense reimbursements, including but not limited to:
Postage
Programming*
Stationary
Proxies*
Retention of records*
Special reports*
Federal and state regulatory filing fees
Certain insurance premiums
Expenses from board of directors meetings
Auditing and legal expenses*
* If in excess of $1,000 in any month, such expenses must be pre-approved by the Company.