AMENDMENT NO. 2 TO AMENDED AND RESTATED AGREEMENT
AND DECLARATION OF TRUST OF XXXXXXXX CAPITAL TRUST
ESTABLISHMENT AND DESIGNATION OF
THE XXXXXXXX FINANCIAL SERVICES FUND
Pursuant to Section 4.1 of the Amended and Restated Agreement and
Declaration of Trust of Xxxxxxxx Capital Trust and effective upon the execution
of this document, the undersigned, being a majority of the Trustees of Xxxxxxxx
Capital Trust, hereby:
(a) establish a new series of shares of the Trust and designate such
series the "Xxxxxxxx Financial Services Fund." The rights and preferences of the
Xxxxxxxx Financial Services Fund series of shares shall be those rights and
preferences of a "Series" as set forth in Section 4.2 of the Amended and
Restated Agreement and Declaration of Trust of Xxxxxxxx Capital Trust; and
(b) establish three classes of the Xxxxxxxx Financial Services Fund
series of shares of the Trust and designate such classes as "Class A," "Class C"
and "Class Y." The rights and preferences of Class A, Class C and Class Y shares
of the Xxxxxxxx Financial Services Fund shall be those rights and preferences of
a "Class" as set forth in Section 4.2 of the Amended and Restated Agreement and
Declaration of Trust of Xxxxxxxx Capital Trust.
This document shall have the status of an amendment to said Amended and
Restated Agreement and Declaration of Trust.
/s/ Xxxxxxxx X. Xxxxxx August 14, 1998
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/s/ Xxxxxx X. Xxxxxxx, Xx. August 14, 1998
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/s/ Xxxxxxx X. Xxxxxxx August 14, 1998
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/s/ Ian X. X. Xxxxx August 14, 1998
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/s/ Henri Deegenaar August 14, 1998
