[Form of] Ex. 99.(h)(iii)
June 29, 2006
DST Systems, Inc.
0000 Xxxxxxxx, 0xx Xxxxx
Xxxxxx Xxxx, XX 00000
Attn: Group Vice President - Full Service
Dear Sir or Madam:
Xxxx Xxxxxx Investment Trust, (the "Fund"), as a party to the Agency
Agreement by and between the Lord Xxxxxx Family of Funds and DST Systems, Inc.
dated July 1, 2004 (the "Agreement"), requests an amendment to the Agreement
pursuant to Sections 20.14, 2.3, and 2.2.
Section 20.14 provides that the Agreement may be "amended, supplemented, or
modified only by an amendment." Section 2.3 of the Agreement provides that, "In
the event that a ... new series of a Fund is created in any existing business
trust...which is registered as an Investment Company under the 1940 Act on the
Agent's System as of the Execution Date, such ...series thereof shall engage the
Agent to perform the Services under this Agreement by executing and delivering
to the Agent a document accepting this Agreement (including giving effect to all
Amendments and Service Orders that have become effective after the Execution
Date), together with such documentation as is described by Section 2.2
[(captioned "Documentation")] and otherwise appropriate. The appointment of the
Agent on behalf of...any new series of a Fund shall become effective upon the
Agent's receipt of such counterpart executed by such ...series of a new Fund."
This letter is to notify DST Systems, Inc. that on June 22, 2006, the
Fund's Board executed an Amendment to the Declaration and Agreement of Trust
establishing a new Series of the Fund, (the "Series") the legal name of which is
as follows: Xxxx Xxxxxx Diversified Equity Strategy Fund. It is the Fund's
desire to have DST Systems render services as transfer agent, dividend
disbursing agent, and shareholder servicing agent to the Series under the terms
of the Agreement; therefore, the Fund requests that DST Systems, Inc. agree, in
writing, to provide such services to the Series thereby making the Series a
Series under the terms of the Agreement.
Attached is a Secretary's Certificate and accompanying resolutions and
documentation in accordance with the Agreement.
It is currently anticipated that the registration statement for the Series
will become effective on June 29, 2006. Accordingly, we appreciate your prompt
attention to this matter. Please indicate DST Systems, Inc.'s acceptance by
signing below.
Lord Xxxxxx Investment Trust
---------------------------------
Xxxxxxxx X. Xxxxxx
Vice President and Secretary
1
Accepted:
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Group Vice President - Full Service
DST Systems, Inc.
Enclosures
2
