EXHIBIT 5(b)(i)
AMENDMENT
This is an amendment, made as of September 11.1996, to that certain Investment
Management Agreement Dated October 15, 1993 (the 'Management Agreement") between
Xxxx Xxxxx Management. Inc. and the Xxxxx Defined Contribution Leveraged AllCap
Portfolio (the "Portfolio"), a portfolio of The Xxxxx Defined Contribution Trust
(the "Fund").
WHEREAS, the name of the Portfolio has been changed to the "Xxxxx Capital
Appreciation Retirement Portfolio" and the name of the Fund has been changed to
"The Xxxxx Retirement Fund"; and
WHEREAS, the parties desire to amend the Management Agreement to reflect
such change;
NOW, THEREFORE, the parties agree as follows:
The Management Agreement is hereby amended to reflect the change of name
recited above by restating the first full paragraph thereof and the first
sentence of the paragraph indicated by the caption "1. INVESTMENT DESCRIPTION:
APPOINTMENT" to read as follows:
The Xxxxx Retirement Fund (the "Fund"), an unincorporated
business trust organized under the laws of the Commonwealth of
Massachusetts, hereby confirms its agreement with Xxxx Xxxxx
Management, Inc. ("Xxxxx") as follows:
1. INVESTMENT DESCRIPTION: APPOINTMENT
The Fund desires to employ the capital of the Xxxxx Capital
Appreciation Retirement Portfolio (the "Portfolio") by investing
and reinvesting in investments of the kind and in accordance with
the limitations specified in its Agreement and Declaration of
Trust and in its Prospectus and Statement of Additional
Information, as from time to time in effect, and in such manner
and to such extent as may from time to time be approved by the
Board of Trustees of the Fund.
The parties acknowledge and agree that the foregoing amendment shall have
no effect on any of the terms and conditions of the Management Agreement
existing prior to the amendment, all of which shall remain in full force and
effect as part of the Management Agreement as amended.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the
day and year first above written.
XXXX XXXXX MANAGEMENT, INC.
By:/s/ Xxxxxxx X. Xxxx
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XXXXX CAPITAL APPRECIATION RETIREMENT PORTFOLIO
By:/s/ Xxxxxxx X. Xxxx
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