THIRD AMENDMENT TO SECURITIES LENDING AGENCY AGREEMENT
THIRD AMENDMENT TO
SECURITIES LENDING AGENCY AGREEMENT
This third Amendment to Securities Lending Agency Agreement (“Amendment”) is entered into as of July 19, 2010 by and among Xxxxx Fargo Funds Trust, Xxxxx Fargo Master Trust and Xxxxx Fargo Variable Trust (the “Trusts” and each a “Trust”), on behalf of their funds now existing or hereafter created (the “Funds”), and Xxxxxxx Sachs Bank USA, doing business as Xxxxxxx Xxxxx Agency Lending ("GSAL").
WHEREAS, the parties entered into an Securities Lending Agency Agreement dated April 1, 2010 (the “Agreement”); and
WHEREAS, each of the Funds listed on Appendix A to the Agreement retained the services of GSAL to act as its agent in lending securities from time to time held in the Custody Account to certain borrowers, on the terms and conditions set forth in the Agreement; and
WHEREAS, the parties herein wish to amend the Agreement, specifically, Appendix A to the Agreement, so that each of the additional Funds identified in this Amendment may also retain the services of GSAL to act as its agent on the terms and conditions set forth in the Agreement; and
NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
Amendment. The Agreement is hereby amended as follows:
a. Appendix A. The following Funds are to be added to the list of Funds of Xxxxx Fargo Funds Trust in Appendix A to the Agreement:
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Xxxxx Fargo Advantage Classic Value Fund |
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Xxxxx Fargo Advantage Core Equity Fund |
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Xxxxx Fargo Advantage Disciplined Global Equity Fund |
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Xxxxx Fargo Advantage Disciplined U.S. Core Fund |
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Xxxxx Fargo Advantage Disciplined Value Fund |
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Xxxxx Fargo Advantage Global Opportunities Fund |
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Xxxxx Fargo Advantage Growth Opportunities Fund |
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Xxxxx Fargo Advantage Health Care Fund |
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Xxxxx Fargo Advantage Income Opportunities Fund |
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Xxxxx Fargo Advantage Intrinsic Value Fund |
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Xxxxx Fargo Advantage Intrinsic World Equity Fund |
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Xxxxx Fargo Advantage Large Cap Core Fund |
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Xxxxx Fargo Advantage Multi-Sector Income Fund |
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Xxxxx Fargo Advantage Omega Growth Fund |
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Xxxxx Fargo Advantage Precious Metals Fund |
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Xxxxx Fargo Advantage Premier Large Company Growth Fund |
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Xxxxx Fargo Advantage Small/Mid Cap Core Fund |
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Xxxxx Fargo Advantage Special Small Cap Value Fund |
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Xxxxx Fargo Advantage Strategic Large Cap Growth Fund |
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Xxxxx Fargo Advantage Traditional Small Cap Growth Fund |
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Xxxxx Fargo Advantage Utilities and High Income Fund |
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Xxxxx Fargo Advantage Utility and Telecommunications Fund |
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Xxxxx Fargo Advantage VT Core Equity Fund |
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Xxxxx Fargo Advantage VT Omega Growth Fund |
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b. Appendix A. The following Funds are to be deleted from the list of Funds of Xxxxx Fargo Funds Trust in Appendix A to the Agreement:
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Xxxxx Fargo Advantage Specialized Financial Services Fund |
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Xxxxx Fargo Advantage Equity Income Fund |
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Xxxxx Fargo Advantage U.S. Value Fund |
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Xxxxx Fargo Advantage Large Company Core Fund |
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Xxxxx Fargo Advantage Large Company Growth Fund |
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Xxxxx Fargo Advantage Large Cap Appreciation Fund |
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Xxxxx Fargo Advantage VT Large Company Growth Fund |
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Xxxxx Fargo Advantage VT Large Company Core Fund |
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Xxxxx Fargo Advantage VT C&B Large Cap Value Fund |
2. Recitals Incorporated; Definitions.
The foregoing recitals are true and correct and by this reference are incorporated herein. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.
3. Appendices, Schedules and Exhibits Incorporated.
All appendices and schedules referenced in this Amendment are incorporated herein.
Continuing Provisions of the Agreement.
Except as otherwise specifically set forth in this Amendment, all other terms of the Agreement shall remain unchanged and continue in full force and effect.
Counterpart Signatures.
This Amendment may be executed in any number of counterpart signatures with the same effect as if the parties had all signed the same document. All counterpart signatures shall be construed together and shall constitute one agreement.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed and delivered as of the date first above written.
XXXXX FARGO FUNDS TRUST, on behalf of the Lenders listed on Appendix A as amended from time to time
By____________________________
XXXXX FARGO MASTER TRUST, on behalf of the Lenders listed on Appendix A as amended from time to time
By____________________________
Name: Xxxxxx XxXxxxx
Title: Assistant Treasurer
XXXXX FARGO VARIABLE TRUST, on behalf of the Lenders listed on Appendix A as amended from time to time
By____________________________
Name: Xxxxxx XxXxxxx
Title: Assistant Treasurer
