AMENDMENT TO CUSTODIAN AGREEMENT
Exhibit (g-5)
AMENDMENT TO CUSTODIAN AGREEMENT
THIS AMENDMENT to Custodian Agreement (this “Amendment”) is dated as of October 15, 2018, 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 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. Each 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/ Xxxxx X. Xxxx | By: | /s/ Xxxx Xxxxx | |||||
| Name: | Xxxxx X. Xxxx | Name: | Xxxx Xxxxx | |||||
| Title: | Senior Vice President | Title: | Secretary | |||||
Exhibit 1
to
Custodian Agreement dated February 29, 2008
Revised: October 15, 0000
| Xxxxx Funds | • Xxxxx Small Cap Growth Fund
• Xxxxx Growth and Income Fund
• Xxxxx XXxx Cap Focus Fund (formerly XXxx Cap Growth Fund August 30, 2017)
• Xxxxx Mid Cap Growth Fund
• Xxxxx International Focus Fund (formerly Xxxxx International Growth Fund August 15, 2018)
• Xxxxx Capital Appreciation Fund
• Xxxxx Health Sciences Fund
• Xxxxx Small Cap Focus Fund (formerly Xxxxx Growth Opportunities Fund Feb 12, 2015)
• Xxxxx 25 Fund
• Xxxxx 00 Xxxx | |
| Xxxxx Institutional Funds | • Xxxxx Institutional Small Cap Growth Fund
• Xxxxx Institutional Mid Cap Growth Fund
• Xxxxx Institutional Capital Appreciation Focus Fund (formerly Xxxxx Large Cap Growth Institutional Fund Dec 31, 2012)
• Xxxxx Institutional Capital Appreciation Fund | |
| Xxxxx Funds II | • Xxxxx Spectra Fund
• Xxxxx Responsible Investing Fund (formerly Xxxxx Green Fund December 31, 2016)
• Xxxxx Dynamic Opportunities Fund (opened Nov 2, 2009)
• Xxxxx Emerging Markets Fund (opened Dec 29, 2010) | |
| Xxxxx Portfolios | • Xxxxx Small Cap Growth Portfolio (formerly Xxxxx American Small Cap Growth Portfolio and Xxxxx American Small Capitalization Portfolio)
• Xxxxx Mid Cap Growth Portfolio (formerly Xxxxx American Mid Cap Growth Portfolio)
• Xxxxx Large Cap Growth Portfolio (formerly Xxxxx American Large Cap Growth Portfolio and Xxxxx American Growth Portfolio)
• Xxxxx Balanced Portfolio (formerly Xxxxx American Balanced Portfolio)
• Xxxxx Capital Appreciation Portfolio (formerly Xxxxx American Capital Appreciation Portfolio and Xxxxx American Leveraged AllCap Portfolio)
• Xxxxx Growth & Income Portfolio (formerly Xxxxx American Income & Growth Portfolio)
• Xxxxx XXxx Cap Focus Portfolio (formerly Xxxxx XXxx Cap Growth Portfolio (August 30, 2017) and Xxxxx XXxx Cap Growth Portfolio and Xxxxx American Small Cap & Mid Cap Portfolios) | |
| Xxxxx Global Focus Fund (formerly Xxxxx Global Growth Fund August 15, 2018) |
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