SUPPLEMENT TO AMENDED AND RESTATED DISTRIBUTION CONTRACT PIMCO Funds Newport Beach, California 92660 May 20, 2008
Exhibit (e)(2)
SUPPLEMENT TO
AMENDED AND RESTATED
000 Xxxxxxx Xxxxxx Xxxxx
Xxxxxxx Xxxxx, Xxxxxxxxxx 00000
May 20, 2008
Allianz Global Investors Distributors LLC
0000 Xxxxxx xx xxx Xxxxxxxx
Xxx Xxxx, Xxx Xxxx 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. Each of the PIMCO Global Advantage Strategy Bond Fund and PIMCO Unconstrained Bond Fund (the “Funds”) is a separate investment portfolio of the Trust.
2. The Trust and the Distributor have entered into a Distribution Contract (the “Contract”) dated May 5, 2000 (as amended November 19, 2002 and February 26, 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 Funds and the Distributor hereby acknowledges that the Contract shall pertain to the Funds, the terms and conditions of such Contract being hereby incorporated herein by reference.
4. This Supplement and the Contract shall become effective with respect to the Funds and each class thereof on May 20, 2008 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 Funds and each class thereof 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 Funds and each class thereof, by the vote of a majority of the outstanding voting securities of the Funds (as defined in the Investment Company Act of 1940, as amended (the “1940 Act”)) and each class thereof 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 Funds or class thereof or the Distributor upon not more than 60 days’ and not less than 30 days’ written notice to the other party.
5. The Trust and the Distributor hereby agree to amend the Contract as of the date hereof to add the Funds 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.
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.
SCHEDULE A
between PIMCO Funds and
Allianz Global Investors Distributors LLC
February 26, 2008
As supplemented
May 20, 2008
This contract relates to the following Funds and Portfolios:
Funds:
| All Asset Fund | Long Duration Total Return Fund | |
| All Asset All Authority Fund | Long-Term U.S. Government Fund | |
| California Intermediate Municipal Bond Fund | Low Duration Fund | |
| California Short Duration Municipal Income Fund | Low Duration Fund II | |
| Commercial Mortgage Securities Fund | Low Duration Fund III | |
| CommodityRealReturn Strategy Fund® | Moderate Duration Fund | |
| Convertible Fund | Money Market Fund | |
| Developing Local Markets Fund | Mortgage-Backed Securities Fund | |
| Diversified Income Fund | Municipal Bond Fund | |
| Emerging Local Bond Fund | New York Municipal Bond Fund | |
| Emerging Markets Bond Fund | Real Return Fund | |
| European StocksPLUS® TR Strategy Fund | Real Return Asset Fund | |
| Extended Duration Fund | RealEstateRealReturn Strategy Fund | |
| Far East (Ex-Japan) StocksPLUS® TR Strategy Fund | RealRetirement 2010 Fund | |
| Floating Income Fund | RealRetirement 2020 Fund | |
| Foreign Bond Fund (U.S. Dollar-Hedged) | RealRetirement 2030 Fund | |
| Foreign Bond Fund (Unhedged) | RealRetirement 2040 Fund | |
| Fundamental Advantage Tax Efficient Strategy Fund | RealRetirement 2050 Fund | |
| Fundamental Advantage Total Return Strategy Fund | Short Duration Municipal Income Fund | |
| Fundamental IndexPLUS™ Fund | Short-Term Fund | |
| Fundamental IndexPLUS™ TR Fund | Small Cap StocksPLUS® TR Fund | |
| Global Advantage Strategy Bond Fund | StocksPLUS® Fund | |
| Global Bond Fund (Unhedged) | StocksPLUS® Long Duration Fund | |
| Global Bond Fund (U.S. Dollar-Hedged) | StocksPLUS® Municipal-Backed Fund | |
| GNMA 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 |
Funds:
| International StocksPLUS® TR Strategy Fund (U.S. Dollar-Hedged) |
Total Return Fund III | |
| International StocksPLUS® TR Strategy Fund (Unhedged) | Unconstrained Bond Fund | |
| Investment Grade Corporate Bond Fund | ||
| Japanese StocksPLUS® TR Strategy Fund | ||
| Liquid Assets Fund | ||
| Loan Obligation Fund | ||
| Long Duration Fund |
Portfolios:
| PIMCO Asset-Backed Securities Portfolio | PIMCO Mortgage Portfolio II | |
| PIMCO Asset-Backed Securities Portfolio II | PIMCO Municipal Sector Portfolio | |
| PIMCO Developing Local Markets Portfolio | PIMCO Opportunity Portfolio1 | |
| PIMCO Emerging Markets Portfolio | PIMCO Real Return Portfolio | |
| PIMCO High Yield Portfolio | PIMCO Short-Term Portfolio | |
| PIMCO International Portfolio | PIMCO Short-Term Portfolio II | |
| PIMCO Investment Grade Corporate Portfolio | PIMCO U.S. Government Sector Portfolio | |
| PIMCO Money Market Portfolio | PIMCO U.S. Government Sector Portfolio II | |
| PIMCO Mortgage Portfolio |
| 1 |
Opportunity Portfolio has not been offered to clients. |
A-4
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/ Xxxxx Xxxxxx | |
| Title: | Managing Director | |
