1
EXHIBIT 9(f)
Amendment No. 5 to
Basic Administrative Services Agreement
---------------------------------------
WHEREAS, Pacific Horizon Funds, Inc., a Maryland corporation
(the "Company"), and CONCORD HOLDING CORPORATION, a Delaware corporation
("Concord"), are parties to a Basic Administrative Services Agreement dated as
of November 13, 1989, as amended (the "Agreement"), wherein Concord has agreed
to provide basic administrative services to the Company's Prime Fund, Treasury
Fund, Tax-Exempt Money Fund, California Tax-Exempt Money Market Fund, Government
Fund and Treasury Only Fund (sometimes referred to herein collectively as the
"Funds"); and
WHEREAS, the parties wish to amend the Agreement in
certain respects;
NOW THEREFORE, the parties hereby agree, intending to be
legally bound, that effective immediately the Agreement is amended to read as
follows:
1) Section IV is hereby amended and restated in its
entirety as follows: "This Agreement shall become
effective November 1, 1995 and, unless sooner
terminated as provided herein, shall continue until
October 31, 1996. Thereafter, if not terminated, this
Agreement shall continue automatically as to a
particular Fund for successive terms of one year,
provided that such continuance is specifically
approved at least annually (a) by a vote of a
majority of those members of the Board of Directors
of the Company who are not parties to this Agreement
or "interested persons" of any such party, cast in
person at a meeting called for the purpose of voting
on such approval, and (b) by the Board of Directors
of the Company or by vote of a "majority of the
outstanding voting securities" of such Fund;
provided, however, that this Agreement may be
terminated by the Company at any time with respect to
any Fund, without cause and without payment of any
penalty, by vote of a majority of the entire Board of
Directors of the Company or by a vote of a "majority
of the outstanding voting securities" of such Fund
upon 60 days' written notice to Concord, or by
Concord at any time, without payment of any penalty,
on 90 days' written notice to the Company. This
Agreement will immediately terminate in the event of
its "assignment." (As used in this Agreement, the
2
terms "majority of the outstanding voting
securities," "interested person" and "assignment"
shall have the same meanings as such terms have in
the 1940 Act.)
Except as expressly amended and modified hereby, all
provisions of the Agreement shall remain in full force and effect.
This agreement may be executed in one or more counterparts and
all such counterparts will constitute one and the same instrument.
IN WITNESS WHEREOF, intending to be legally bound, hereby, the
parties have executed this Amendment No. 5 as of the 1st day of November, 1995.
PACIFIC HORIZON FUNDS, INC.
By: /s/ Xxxxxxxxx X. Pings
--------------------------
Xxxxxxxxx X. Pings
President
CONCORD HOLDING CORPORATION
By: /s/ J. Xxxxx Xxxxx
----------------------
Title: EVP
-2-