AMENDMENT TO FUND ACCOUNTING AND BLUE SKY SERVICES AGREEMENT
EX – 99.(h)(9)
AMENDMENT TO FUND ACCOUNTING AND
BLUE SKY SERVICES AGREEMENT
AMENDMENT made this 26th day of September 2003, between Mercantile Funds, Inc. (hereinafter referred to as the “Company”), a Maryland corporation having its principal place of business at Xxx Xxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx 00000, and BISYS FUND SERVICES OHIO, INC. (hereinafter referred to as “BISYS”), an Ohio corporation having its principal place of business at 0000 Xxxxxxx Xxxx, Xxxxxxxx, Xxxx 00000.
WHEREAS, the Company and BISYS entered into a Fund Accounting and Blue Sky Services Agreement dated October 25, 2002 as subsequently amended (the “Agreement”), pursuant to which BISYS performs fund accounting services and blue sky services for the Company and each investment portfolio of the Company, as listed on Schedule A thereto or as may be established from time to time (individually referred to herein as the “Fund” and collectively as the “Funds”);
WHEREAS, the Company has established a new investment portfolio, and the parties desire to memorialize the coverage of such “Fund” by the Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the Company and BISYS hereby agree as follows:
13. New Fund.
Schedule A is hereby amended by deleting the final line of the list and replacing it with the following:
Class Q Common Stock |
400,000,000 | Low Duration Bond Fund | ||
(Institutional Shares) | ||||
Special Series 1 |
100,000,000 | Low Duration Bond Fund | ||
(Class A Shares) | ||||
Special Series 2 |
100,000,000 | Low Duration Bond Fund | ||
(Class B Shares) |
Special Series 3 |
100,000,000 | Low Duration Bond Fund | ||
(Class C Shares) | ||||
Unclassified |
4,400,000,000 |
14. Miscellaneous
14.1 This Amendment supplements and amends the Agreement. The provisions set forth in this Amendment supersede all prior negotiations, understandings and agreements bearing upon the subject matter covered herein, including any conflicting provisions of the Agreement or any provisions of the Agreement that directly cover or indirectly bear upon matters covered under this Amendment.
14.2 Each reference to the Agreement in the Agreement (as it existed prior to this Amendment) and in every other agreement, contract or instrument to which the parties are bound, shall hereafter be construed as a reference to the Agreement as amended by this Amendment. Except as provided in this Amendment, the provisions of the Agreement remain in full force and effect (including, without limitation, the term of the Agreement). No amendment or modification to this Amendment shall be valid unless made in writing and executed by both parties hereto.
14.3 Paragraph headings in this Amendment are included for convenience only and are not to be used to construe or interpret this Amendment.
14.4 This Amendment may be executed in counterparts, each of which shall be an original but all of which, taken together, shall constitute one and the same agreement.
* * * * *
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed all as of the day and year first above written.
MERCANTILE FUNDS, INC. | ||
By: |
/s/ Xxxx X. Xxxxxxx | |
Name: |
Xxxx X. Xxxxxxx | |
Title: |
President |
BISYS FUND SERVICES OHIO, INC. | ||
By: |
/s/ Xxxx Xxxxxx | |
Name: |
Xxxx Xxxxxx | |
Title: |
Executive Vice President |