EXHIBIT h(4)
FIRST AMENDMENT
TO THE TRANSFER AGENCY AND SERVICE AGREEMENT
DATED AUGUST 5, 2002,
BY AND AMONG
AMERISTOCK MUTUAL FUND, INC., AMERISTOCK CORPORATION AND
ALPS MUTUAL FUNDS SERVICES, INC.
THIS AMENDMENT is made as of March 26, 2003, by and among Ameristock Mutual
Fund, Inc., a Maryland corporation (the "Fund"), Ameristock Corporation, a
California corporation ("Ameristock"), and ALPS Mutual Funds Services, Inc., a
Colorado corporation ("ALPS").
WHEREAS, the Fund, Ameristock, and ALPS have entered into a Transfer Agency
and Service Agreement (the "TA Agreement") dated August 5, 2002.
WHEREAS, the Fund, Ameristock, and ALPS desire to amend the TA Agreement in
the manner hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual promises made herein, the
parties hereto, intending to be legally bound, hereby agree to amend the TA
Agreement as follows:
1. WIRE TRANSFER OPERATING GUIDELINES/ARTICLES 4A OF THE UNIFORM
COMMERCIAL CODE. Section 5.1 of the TA Agreement shall be amended by adding
the following sentences thereto:
ALPS and the Fund agree that under certain circumstances it will be
necessary to deviate from the Security Procedures. If such circumstances
arise, ALPS shall only deviate from the Security Procedures upon written
instructions from an officer of the Fund.
2. MISCELLANEOUS. Other than as amended hereby, all terms and conditions
of the TA Agreement are unchanged and shall continue in full force and
effect. This Amendment shall be deemed to be an amendment to the TA
Agreement and shall be governed by the laws of the State of Colorado.
(REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK.)
IN WITNESS WHEREOF, this Amendment has been executed by a duly authorized
representative of each of the parties hereto as of the date of the Amendment
first set forth above.
AMERISTOCK MUTUAL FUND, INC. AMERISTOCK CORPORATION
By: By:
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Name: Name:
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Title: Title:
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ALPS MUTUAL FUNDS SERVICES, INC.
By:
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Name: Xxxxxx X. May
Title: Senior Vice President
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