SUPPLEMENT TO DISTRIBUTION CONTRACT PIMCO Funds Newport Beach, California 92660 February 23, 2009
Exhibit (e)(5)
SUPPLEMENT TO
000 Xxxxxxx Xxxxxx Xxxxx
Xxxxxxx Xxxxx, Xxxxxxxxxx 00000
February 23, 2009
Allianz Global Investors Distributors LLC
0000 Xxxxxx xx xxx Xxxxxxxx
Xxx Xxxx, XX 00000-0000
Dear Sirs:
This will confirm the agreement between the undersigned (the “Trust”) and you (the “Distributor”) as follows:
1. The Trust is an open-end investment company organized as a Massachusetts business trust and consisting of such separate investment portfolios as have been or may be established by the Trustees of the Trust from time to time. A separate series of shares of beneficial interest in the Trust is offered to investors with respect to each investment portfolio. The PIMCO Long-Term Credit Fund (the “Fund”) and the PIMCO Funds: Private Account Portfolio Series Short-Term Floating NAV Portfolio II (the “Portfolio”) are each a separate investment portfolio of the Trust.
2. The Trust and the Distributor have entered into an Amended and Restated Distribution Contract (the “Contract”) dated February 26, 2008 (as amended November 4, 2008), pursuant to which the Distributor has agreed to be the distributor of shares of the Trust.
3. As provided in paragraph 1 of the Contract, the Distributor hereby adopts the Contract with respect to the Fund and the Portfolio and the Distributor hereby acknowledges that the Contract, as amended below, shall pertain to the Fund and the Portfolio, the terms and conditions of such Contract being hereby incorporated herein by reference.
4. The Trust and the Distributor hereby agree to amend the Contract as of the date hereof to add the Fund and the Portfolio to Schedule A and to make other changes to Schedule A. Accordingly, the current Schedule A is replaced with the new Schedule A attached hereto.
5. This Supplement and the Contract shall become effective with respect to the Fund, each class thereof and the Portfolio on February 23, 2009 and shall continue in effect for a period not to exceed one year from the effective date of this Supplement and shall continue thereafter on an annual basis with respect to the Fund, each class thereof and the Portfolio only so long as such continuance is specifically approved at least annually by (a) the Trust’s Board of Trustees or, with respect to the Fund, each class thereof and the Portfolio, by the vote of a majority of the outstanding voting securities of the Fund, each class thereof or the Portfolio, as applicable (as defined in the Investment Company Act of 1940, as amended (the “1940 Act”)), and (b) by the vote, cast in person at a meeting called for the purpose, of a majority of the Trust’s Trustees who are not parties to this Contract or “interested persons” (as defined in the 0000 Xxx) of any such
party. This Contract shall terminate automatically in the event of its assignment (as defined in the 1940 Act). This Contract may, in any event, be terminated at any time without the payment of any penalty, by the Fund, each class thereof or the Portfolio or the Distributor upon not more than 60 days’ and not less than 30 days’ written notice to the other party.
6. The Declaration of Trust establishing the Trust, as amended and restated effective March 31, 2000, a copy of which, together with all amendments thereto (the “Declaration”), is on file in the Office of the Secretary of the Commonwealth of Massachusetts, provides that the name “PIMCO Funds” refers to the trustees under the Declaration collectively as trustees and not as individuals or personally, and that no shareholder, trustee, officer, employee or agent of the Trust shall be subject to claims against or obligations of the Trust to any extent whatsoever, but that the Trust estate only shall be liable.
If the foregoing correctly sets forth the agreement between the Trust and the Distributor, please so indicate by signing and returning to the Trust the enclosed copy hereof.
| Very truly yours, | ||
| PIMCO FUNDS | ||
| By: | /s/ Xxxxxx X. Xxxxxxxx | |
| Title: | President | |
ACCEPTED:
| ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC | ||
| By: | /s/ Xxxxxx X. Xxxxxx | |
| Title: | Managing Director | |
SCHEDULE A
Amended and Restated Distribution Contract
between PIMCO Funds and
Allianz Global Investors Distributors LLC (formerly PIMCO Advisors Distributors LLC)
February 26, 2008
As supplemented
February 23, 2009
This contract relates to the following Funds and Portfolios:
Funds:
| All Asset Fund |
Long Duration Fund | |
| All Asset All Authority Fund |
Long Duration Total Return Fund | |
| California Intermediate Municipal Bond Fund |
Long-Term Credit Fund | |
| California Short Duration Municipal Income Fund |
Long-Term U.S. Government Fund | |
| Commercial Mortgage Securities Fund |
Low Duration Fund | |
| CommodityRealReturn Strategy Fund |
Low Duration Fund II | |
| Convertible Fund |
Low Duration Fund III | |
| Developing Local Markets Fund |
Moderate Duration Fund | |
| Diversified Income Fund |
Money Market Fund | |
| Emerging Local Bond Fund |
Mortgage-Backed Securities Fund | |
| Emerging Markets Bond Fund |
Municipal Bond Fund | |
| EM Fundamental IndexPLUS TR Strategy Fund |
Real Return Fund | |
| Extended Duration Fund |
Real Return Asset Fund | |
| Floating Income Fund |
RealEstateRealReturn Strategy Fund | |
| Foreign Bond Fund (U.S. Dollar-Hedged) |
RealRetirement 2010 Fund | |
| Foreign Bond Fund (Unhedged) |
RealRetirement 2020 Fund | |
| Fundamental Advantage Tax Efficient Strategy Fund |
RealRetirement 2030 Fund | |
| Fundamental Advantage Total Return Strategy Fund |
RealRetirement 2040 Fund | |
| Fundamental IndexPLUS Fund |
RealRetirement 2050 Fund | |
| Fundamental IndexPLUS TR Fund |
Short Duration Municipal Income Fund | |
| Global Advantage Strategy Bond Fund |
Short-Term Fund | |
| Global Bond Fund (Unhedged) |
Small Cap StocksPLUS TR Fund | |
| Global Bond Fund (U.S. Dollar-Hedged) |
StocksPLUS Fund | |
| Global Multi-Asset Fund |
StocksPLUS Long Duration Fund | |
| GNMA Fund |
StocksPLUS Municipal-Backed Fund | |
| Government Money Market Fund |
StocksPLUS TR Short Strategy Fund | |
| High Yield Fund |
StocksPLUS Total Return Fund | |
| High Yield Municipal Bond Fund |
Total Return Fund | |
| Income Fund |
Total Return Fund II | |
| International StocksPLUS TR Strategy Fund (U.S. Dollar-Hedged) |
Total Return Fund III | |
| International StocksPLUS TR Strategy Fund (Unhedged) |
Treasury Money Market Fund | |
| Investment Grade Corporate Bond Fund |
Unconstrained Bond Fund | |
| Liquid Assets Fund |
Unconstrained Tax Managed Bond Fund | |
| Loan Obligation Fund |
||
| Portfolios: | ||
| Asset-Backed Securities Portfolio |
Municipal Sector Portfolio | |
| Asset-Backed Securities Portfolio II |
Opportunity Portfolio1 | |
| Emerging Markets Portfolio |
Real Return Portfolio | |
| Developing Local Markets Portfolio |
Short-Term Floating NAV Portfolio | |
| High Yield Portfolio |
Short-Term Floating NAV Portfolio II | |
| International Portfolio |
Short-Term Portfolio | |
| Investment Grade Corporate Portfolio |
Short-Term Portfolio II | |
| Long Duration Corporate Bond Portfolio |
U.S. Government Sector Portfolio | |
| Mortgage Portfolio
Mortgage Portfolio II |
U.S. Government Sector Portfolio II | |
| 1 |
Opportunity Portfolio has not been offered to clients. |
