Exhibit (g)(3)
AMENDMENT TO CUSTODIAN CONTRACT
This Amendment to the custody contract is made as of January 5, 2001,
by and between State Street Bank and Trust Company (the "Custodian") and XXXXXX
AGGRESSIVE GROWTH FUND, on behalf of each of its Portfolios (the "Fund").
Capitalized terms used in this Amendment without definition shall have the
respective meanings given to such terms in the Custodian Contract referred to
below.
WHEREAS, the Fund and the Custodian entered into a Custodian Contract
dated February 22, 1999 (as amended from time to time, the "Custodian
Contract"); and
WHEREAS, the Fund and the Custodian wish to amend the Custodian
Contract to enable the Fund to instruct the Custodian to pay out Fund moneys for
cash sweeps and interfund lending or borrowing transactions and also to
segregate collateral for interfund lending or borrowing transactions;
NOW, THEREFORE, in consideration of the foregoing and the mutual
promises and covenants contained herein and in the Custodian Contract, the
parties hereby agree to amend the Custodian Contract as follows:
1. Payment of Fund Monies
----------------------
In Section 2.7, subsection 7 is renumbered as subsection 9 and new
subsections 7 and 8 are added to the Custodian Contract as follows:
(7) in connection with a lending or borrowing transaction between the
Fund, on behalf of a Portfolio, and an investment company, on behalf of
a Portfolio, advised by Xxxxxxx Xxxxxx Investments;
(8) in connection with a cash sweep arrangement; or
2. Segregated Account
------------------
In Section 2.12, subsection (iv) is renumbered as subsection (v) and
reworded in part as shown below; and new subsection (iv) is added to
the Custodian Contract as follows:
(iv) for the purpose of segregating securities or other assets of the
Fund in connection with a borrowing transaction between the Fund, on
behalf of a Portfolio, as borrower and an investment company, on behalf
of a Portfolio, advised by Xxxxxxx Xxxxxx Investments, and
(v) for other proper corporate purposes, but only in the case of this
clause (v),
IN WITNESS WHEREOF, each of the parties has caused this instrument to
be executed in its name and on its behalf by its duly authorized representative
as of the date written above.
XXXXXX AGGRESSIVE GROWTH FUND
By: /s/Xxxx X. Xxxxxx
---------------------------------
Its:
---------------------------------
STATE STREET BANK AND TRUST COMPANY
By: /s/Xxxxxx X. Xxxxx
---------------------------------
Its: Vice Chairman
---------------------------------
