FIXED INCOME SHARES AMENDMENT NO. 1 TO THE SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST
The undersigned, being at least a majority of the Trustees of Fixed Income SHares (the
“Trust”), having determined it to be consistent with the fair and equitable treatment of all
shareholders of the Trust, hereby amend the Trust’s Second Amended and Restated Agreement
and Declaration of Trust (the “Declaration of Trust”), a copy of which is on file in the
office of the Secretary of State of the Commonwealth of Massachusetts, as follows:
1. The first sentence of Section 6 of Article III of the Declaration of Trust is hereby
amended to read in its entirety as follows:
“Establishment and Declaration of Series and Classes. Without limiting the
authority of the Trustees set forth in Section 5, inter alia, to establish and
designate any further Series or classes or to modify the rights and preferences of
any Series or class, the following Series shall be, and are hereby, established and
designated: (1) “FISH: Series C”, (2) “FISH: Series M”, (3) “FISH: Series R” and (4)
“FISH: Series H”.
The foregoing amendment shall be effective as of the time it is filed with the
Secretary of State of the Commonwealth of Massachusetts.
IN WITNESS WHEREOF, we have hereunto set our hand for ourselves and for our successors
and assigns as of the 15th day of January, 2009.
/s/ Xxxx Xxxxxx
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/s/ Xxxxxx X. Xxxxxx | |||
Xxxx Xxxxxx
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Xxxxxx X. Xxxxxx | |||
/s/ Xxxx X. Xxxxxxx
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/s/ Xxxx X. Xxxxx | |||
Xxxx X. Xxxxxxx
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Xxxx X. Xxxxx | |||
/s/ Xxxxxxx X. Xxxxx, XX
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/s/ R. Xxxxx Xxxxxxxx III | |||
Xxxxxxx X. Xxxxx, XX
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R. Xxxxx Xxxxxxxx III |
