FORM OF TENTH AMENDMENT AGREEMENT Amending the terms of a Fund Administration and Accounting Agreement
Exhibit 99.(h)(1)(iii)
FORM OF TENTH AMENDMENT AGREEMENT
Amending the terms of a Fund Administration and Accounting Agreement
This Tenth Amendment Agreement, made as of June 22, 2021 (“Effective Date”), is made by and between Xxxxxxx Xxxxxxx Funds, a Massachusetts business trust (the “Trust”), on behalf of each series of the Trust, and the Bank of New York Mellon, a New York banking organization (“BNY”).
WITNESSETH:
The Trust (acting on behalf of certain series of the Trust) and BNY entered into a fund administration and accounting agreement on September 29, 2000, as amended (the “Administration Agreement”). Pursuant to the Administration Agreement, eighteen series of the Trust appointed BNY as fund administrator and accountant.
In accordance with Section 10 of the Administration Agreement, the parties now wish to amend the Administration Agreement to allow a new series of the Trust to appoint BNY as fund administrator and accountant.
By executing this Tenth Amendment Agreement, the parties agree to be bound by the terms of the Administration Agreement as herein amended, as if the new series of the Trust was a party to the Administration Agreement, with effect from the date hereof.
NOW, THEREFORE, the parties wish to amend the Administration Agreement as follows:
| 1. | Amendment to Exhibit |
| 1.1. | Exhibit A is deleted in its entirety and replaced with the Exhibit A attached hereto. |
| 2. | Signatures; Counterparts. The parties expressly agree that this Tenth Amendment Agreement may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of Tenth Amendment Agreement, by a manual signature on a copy of Tenth Amendment Agreement transmitted by facsimile transmission, by a manual signature on a copy of Tenth Amendment Agreement transmitted as an imaged document attached to an email, or by "Electronic Signature", which is hereby defined to mean inserting an image, representation or symbol of a signature into an electronic copy of Tenth Amendment Agreement by electronic, digital or other technological methods. Each counterpart executed in accordance with the foregoing shall be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Tenth Amendment Agreement or of executed signature pages to counterparts of this Tenth Amendment Agreement, in either case by facsimile transmission or as an imaged document attached to an email transmission, shall constitute effective execution and delivery of this Tenth Amendment Agreement and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Tenth Amendment Agreement. |
IN WITNESS WHEREOF each of the parties hereto has caused this Tenth Amendment Agreement to be executed as of the Effective Date by its duly authorized representative indicated below. An authorized representative, if executing this Tenth Amendment Agreement by Electronic Signature, affirms authorization to execute this Tenth Amendment Agreement by Electronic Signature and that the Electronic Signature represents an intent to enter into this Tenth Amendment Agreement and an agreement with its terms.
| XXXXXXX XXXXXXX FUNDS, in its own capacity and on behalf of each of Xxxxxxx Xxxxxxx Asia Ex Japan Fund, Xxxxxxx Xxxxxxx China A Shares Growth Fund, Xxxxxxx Xxxxxxx China Equities Fund, Xxxxxxx Xxxxxxx Developed EAFE All Cap Fund, Xxxxxxx Xxxxxxx EAFE Plus All Cap Fund, Xxxxxxx Xxxxxxx Emerging Markets Equities Fund, Xxxxxxx Xxxxxxx Global Alpha Equities Fund, Xxxxxxx Xxxxxxx Global Stewardship Equities Fund, Xxxxxxx Xxxxxxx International All Cap Fund, Xxxxxxx Xxxxxxx International Alpha Fund, Xxxxxxx Xxxxxxx International Concentrated Growth Equities Fund, Xxxxxxx Xxxxxxx International Growth Fund, Xxxxxxx Xxxxxxx International Smaller Companies Fund, Xxxxxxx Xxxxxxx Japan Growth Fund, Xxxxxxx Xxxxxxx Long Term Global Growth Fund, Xxxxxxx Xxxxxxx Multi Asset Fund, Xxxxxxx Xxxxxxx Positive Change Equities Fund, Xxxxxxx Xxxxxxx U.S. Discovery Fund and Xxxxxxx Xxxxxxx U.S. Equity Growth Fund. | |
| Name: Authority: | |
| THE BANK OF NEW YORK MELLON | |
| Name: | |
| Authority: |
Exhibit A
| 1. | Xxxxxxx Xxxxxxx Asia Ex Japan Fund |
| 2. | Xxxxxxx Xxxxxxx China A Shares Growth Fund |
| 3. | Xxxxxxx Xxxxxxx China Equities Fund |
| 4. | Xxxxxxx Xxxxxxx Developed EAFE All Cap Fund |
| 5. | Xxxxxxx Xxxxxxx EAFE Plus All Cap Fund |
| 6. | Xxxxxxx Xxxxxxx Emerging Markets Equities Fund |
| 7. | Xxxxxxx Xxxxxxx Global Alpha Equities Fund |
| 8. | Xxxxxxx Xxxxxxx Global Stewardship Equities Fund |
| 9. | Xxxxxxx Xxxxxxx International All Cap Fund |
| 10. | Xxxxxxx Xxxxxxx International Alpha Fund |
| 11. | Xxxxxxx Xxxxxxx International Concentrated Growth Equities Fund |
| 12. | Xxxxxxx Xxxxxxx International Growth Fund |
| 13. | Xxxxxxx Xxxxxxx International Smaller Companies Fund |
| 14. | Xxxxxxx Xxxxxxx Japan Growth Fund |
| 15. | Xxxxxxx Xxxxxxx Long Term Global Growth Fund |
| 16. | Xxxxxxx Xxxxxxx Multi Asset Fund |
| 17. | Xxxxxxx Xxxxxxx Positive Change Equities Fund |
| 18. | Xxxxxxx Xxxxxxx U.S. Discovery Fund |
| 19. | Xxxxxxx Xxxxxxx U.S. Equity Growth Fund |
