AMENDMENT to DISTRIBUTION Agreement Between THE Cutler Trust, CUTLER INVESTMENT COUNSEL, LLC and Ultimus Fund DISTRIBUTORS, LLC
AMENDMENT
to
Between
THE Xxxxxx Trust,
XXXXXX INVESTMENT COUNSEL, LLC
and
Ultimus Fund DISTRIBUTORS, LLC
This Amendment to the Distribution Agreement, dated February 1, 2019 (the “Agreement”), between The Xxxxxx Trust (the “Trust”), a Delaware business trust, Xxxxxx Investment Counsel, LLC (“Xxxxxx”), an Oregon limited liability company, and Ultimus Fund Distributors, LLC (“UFD”), an Ohio limited liability company (collectively, the “Parties”), is entered into effective the 1st day of November, 2021.
WHEREAS, the Parties entered into the Agreement; and
WHEREAS, the Parties agree to amend and revise the Agreement to revise certain provisions of the Agreement as set forth below.
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. The second sentence of the first paragraph of Section 7 titled “Fees and Expenses” of the Agreement is amended to read as detailed below (emphasis supplied). All other provisions and representations of Section 7 shall remain unaffected except as set forth herein.
For performing its services under this Agreement, Distributor will receive a fee from the Trust or the Adviser in accordance with agreements between them as permitted by applicable laws, including the Act and rules and regulations promulgated thereunder. The fee is $[REDACTED] per annum, and shall be paid on a monthly basis. The Trust or its investment adviser shall promptly reimburse Distributor for any expenses that are to be paid by the Trust in accordance with the following paragraph.
2. Schedule A to the Agreement titled “Fund Portfolios” is amended as follows:
FUND PORTFOLIOS
Xxxxxx Equity Fund
Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Amendment and the Agreement, the terms of this Amendment will prevail.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of November 1, 2021.
The Xxxxxx Trust | Ultimus Fund Distributors, LLC | |||
By: |
/s/ Xxxxx Xxxxxx |
By: |
/s/ Xxxxx Xxxxxxxx | |
Name: | Xxxxx Xxxxxx | Name: | Xxxxx Xxxxxxxx | |
Title: | President | Title: | President | |
Xxxxxx Investment Counsel, LLC | ||||
By: |
/s/ Xxxxxxx X. Xxxxxx |
|||
Name: | Xxxxxxx X. Xxxxxx | |||
Title: | Chief Executive Officer | |||