BUFFALO FUNDS AMENDMENT TO THE AMENDED AND RESTATED CUSTODY AGREEMENT
AMENDMENT
TO THE
AMENDED
AND RESTATED CUSTODY AGREEMENT
THIS
AMENDMENT to the
Amended and Restated Custody Agreement (the “Agreement”) dated as of April
25th, 2003,
as
amended December 1, 2006, by and among Xxxxxxxxx Capital Management,
Inc., a Kansas corporation (“KCM”), U.S.
Bank National Association, N.A., a national banking association (the
"Custodian") and the following investment companies: Buffalo Balanced
Fund, Inc., Buffalo Large Cap Fund, Inc. Buffalo High Yield Fund, Inc., Buffalo
USA Global Fund, Inc., Buffalo Small Cap Fund, Inc. and Buffalo Funds,
a Delaware statutory trust (each investment company and/or series a “Fund” and
collectively the “Funds”), is entered into by the parties effective as of August
10, 2007.
RECITALS
WHEREAS,
KCM is registered as an investment adviser under the Investment Advisers Act
of
1940 and, as the investment adviser and manager of the Funds, KCM is
contractually obligated to obtain and bear the costs of appropriate custodian
services for the Funds; and
WHEREAS,
the Custodian is a bank having the qualifications prescribed in Section 26(a)(1)
of the 1940 Act; and
WHEREAS,
through the Amended and Restated Custody Agreement, KCM has engaged the
Custodian to hold and administer the Funds’ securities and cash pursuant to the
Agreement, and
WHEREAS,
the parties desire to amend the Amended and Restated Custody Agreement to add
a
fund;
NOW,
THEREFORE, the
parties agree as follows:
Exhibit
C,
the Fund names, is replaced in its entirety by Exhibit C
attached hereto.
Except
to
the extent supplemented hereby, the Amended and Restated Custody 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 written
above.
U.S.
BANK
NATIONAL XXXXXXXXX
CAPITAL MANAGEMENT, INC.
ASSOCIATION
By:
/s/ Xxx X.
Redwine__________________ By:
/s/ Xxxx X. Kornitzer_________
Xxx X. Xxxxxxx, Senior Vice
President Xxxx
X. Xxxxxxxxx, President
Buffalo
Balanced Fund, Inc.
Buffalo
High Yield Fund, Inc.
Buffalo
Large Cap Fund, Inc.
Buffalo
USA Global Fund, Inc.
Buffalo
Small Cap Fund, Inc.
Buffalo
Funds (the Delaware statutory trust)
By:/s/
Xxxx X.
Xxxxxxx
Xxxx
X.
Xxxxxxx, President
EXHIBIT
C to the Amended and Restated Custody Agreement
Fund
Names
Name of Fund/Series | Date Added | ||
Buffalo Balanced Fund, Inc. | April 25, 2003 | ||
Buffalo High Yield Fund, Inc. | April 25, 2003 | ||
Buffalo Large Cap Fund, Inc. | April 25, 2003 | ||
Buffalo Small Cap Fund, Inc. | April 25, 2003 | ||
Buffalo USA Global Fund, Inc. | April 25, 2003 | ||
Buffalo Funds, a Delaware statutory trust, consisting of the following series | |||
Buffalo
Mid Cap Fund
|
April 25, 2003 | ||
|
|||
Buffalo
Science & Technology
Fund
|
April 25, 2003 | ||
Buffalo
Micro Cap Fund
|
May 21, 2004 | ||
Buffalo
Jayhawk China Fund
|
December 1, 2006 | ||
Buffalo
International Fund
|
on or after September 28, 2007 | ||
|
U.S.
Bank National Association. Domestic Custody Fee
Schedule
|
Fees
for
Custodian Services are to be paid by U.S. Bancorp Fund Services, LLC (“USBFS”)
pursuant to Exhibit G of the Master Services Agreement, dated April 25,
2003, as amended, by and between USBFS and Xxxxxxxxx Capital Management,
Inc. Exhibit G of that Agreement is hereby incorporated by
reference.