AMENDMENT TO CUSTODIAN AGREEMENT
Execution Version
AMENDMENT TO CUSTODIAN AGREEMENT
THIS AMENDMENT to Custodian Agreement (this “Amendment”) is dated effective as of January 4, 2021, by and between each of the management investment companies (each, the “Fund”) set forth on Exhibit 1 hereto registered with the Securities and Exchange Commission under the Investment Company Act of 1940 acting on behalf of their respective series or portfolios thereof, if any (each a “Portfolio”) and Xxxxx Brothers Xxxxxxxx & Co. (“BBH&Co.”).
Reference is made to the Custodian Agreement dated as of February 29, 2008 by and between the Fund and BBH&Co., as amended from time to time and as in effect on the date hereof prior to giving effect to this Amendment (the “Agreement”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Agreement.
WHEREAS, the Fund and BBH&Co. desire to amend the Agreement as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to amend the Agreement as follows:
| A. | Amendment to the Agreement |
The Agreement is hereby amended by deleting the existing Exhibit 1 to the Agreement and replacing it with the updated Exhibit 1 attached hereto.
| B. | Miscellaneous |
| 1. | Except as specifically amended hereby, the Agreement remains unchanged, in full force and effect and binding on the parties in accordance with its terms. The Fund hereby ratifies and affirms all terms and provisions of the Agreement, as amended hereby. |
| 2. | This Amendment shall be governed in accordance with the terms set forth in Section 13.4 of the Agreement. |
| 3. | This Amendment may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. |
IN WITNESS WHEREOF, each of the parties has caused their duly authorized representatives to execute this Amendment to the Agreement, effective as of the first date written above.
| XXXXX BROTHERS XXXXXXXX & CO. | Each of the Management Investment Companies set forth on Exhibit 1 hereto acting on behalf of their respective Portfolios thereof, if any | |||||||
| By: | /s/ Xxxx Xxxxxx |
By: | /s/ Xxxx Xxxxx | |||||
| Name: | Xxxx Xxxxxx | Name: | Xxxx Xxxxx | |||||
| Title: | Managing Director | Title: | Secretary and Chief Compliance Officer | |||||
1
Execution Version
Exhibit 1
to
Custodian Agreement dated February 29, 2008
Revised Effective: January 4, 2021
| The Xxxxx Funds | • Xxxxx Small Cap Growth Fund
• Xxxxx Mid Cap Growth Fund
• Xxxxx International Focus Fund
• Xxxxx Capital Appreciation Fund
• Xxxxx Health Sciences Fund
• Xxxxx Small Cap Focus Fund
• Xxxxx Mid Cap Focus Fund
• Xxxxx Xxxxxxxxxx Specialized Growth Fund
• Xxxxx Growth & Income Fund
• Xxxxx 25 Fund
• Xxxxx 00 Xxxx | |
| Xxx Xxxxx Institutional Funds | • Xxxxx Small Cap Growth Institutional Fund
• Xxxxx Mid Cap Growth Institutional Fund
• Xxxxx Focus Equity Fund
• Xxxxx Capital Appreciation Institutional Fund | |
| The Xxxxx Funds II | • Xxxxx Spectra Fund
• Xxxxx Responsible Investing Fund
• Xxxxx Dynamic Opportunities Fund
• Xxxxx Emerging Markets Fund | |
| The Xxxxx Portfolios | • Xxxxx Small Cap Growth Portfolio
• Xxxxx Mid Cap Growth Portfolio
• Xxxxx Large Cap Growth Portfolio
• Xxxxx Balanced Portfolio
• Xxxxx Capital Appreciation Portfolio
• Xxxxx Growth & Income Portfolio
• Xxxxx Xxxxxxxxxx Specialized Growth Portfolio | |
| Xxxxx Global Focus Fund | ||
| The Xxxxx ETF Trust | • Xxxxx Mid Cap 40 ETF
• Xxxxx 35 ETF | |
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