Exhibit (g)(4)
AMENDMENT DATED AS OF DECEMBER 27, 2007 TO THE CUSTODIAN AGREEMENT
DATED DECEMBER 5, 2001, AS AMENDED, BETWEEN HIGHMARK FUNDS
AND UNION BANK OF CALIFORNIA, NATIONAL ASSOCIATION
WHEREAS, HIGHMARK FUNDS, a Massachusetts business trust ("Principal") and UNION
BANK OF CALIFORNIA, NATIONAL ASSOCIATION, a California corporation ("Bank"),
entered into a Custodian Agreement (Foreign and Domestic Securities) dated
December 5, 2001, as amended ("Custodian Agreement"); and
WHEREAS, Principal and Bank (collectively, the "Parties") desire to
amend the Custodian Agreement as provided herein;
NOW, THEREFORE, the Parties hereby agree as follows:
1. AMENDMENT TO SECTION 5.3 OF THE CUSTODIAN AGREEMENT. Effective as of
December 13, 2007, Section 5.3 is replaced with the following:
"5.3 REPORTING REQUIREMENTS. The Foreign Custody manager shall report
the withdrawal of Foreign Assets from an Eligible Foreign Custodian
and the placement of such Foreign Assets with another Eligible Foreign
Custodian by providing to the Board an amended Appendix A reflecting
any changes, on a quarter lag basis. The Foreign Custody Manager shall
make written reports promptly notifying the Board of any other
material changes in the foreign custody arrangement of the Fund or at
such other times as the Board deems reasonable and appropriate."
2. AMENDMENT TO SECTION 17 OF THE CUSTODIAN AGREEMENT. Effective as of
December 13, 2007, Section 17 is amended to reflect the following
changes of address:
"17. ADDRESSES. Until further notice from either party, all
communications called for under this Agreement shall be addressed as
follows:
IF TO PRINCIPAL:
HIGHMARK FUNDS
c/o HighMark Capital Management
Attn: Vice President, HighMark Funds Administration
000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxxxxxxx, XX 00000
IF TO CUSTODIAN:
UNION BANK OF CALIFORNIA, NATIONAL ASSOCIATION
Union Bank of California Global Custody
Attn: Moon Xxxx Xxx, Vice President
000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx
Xxx Xxxxxxxxx, XX 00000"
2. DEFINED TERMS: CONFIRMATION OF OTHER TERMS OF THE CUSTODIAN AGREEMENT.
Any capitalized terms used herein and not defined herein shall have the meaning
assigned to it in Custodian Agreement. The Custodian Agreement, as amended as
provided herein, is hereby confirmed as being in full force and effect in
accordance with its terms.
3. COUNTERPARTS. This Amendment may be executed in any number of
counterparts, which together shall constitute one instrument.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of
December 27, 2007.
HIGHMARK FUNDS.
By: /s/ Xxxxxx X'Xxxxxxx
--------------------
Name: Xxxxxx X'Xxxxxxx
Title: Treasurer
UNION BANK OF CALIFORNIA, N.A.
By: /s/ Xxxxxxxx Xxxx
-----------------
Name: Xxxxxxxx Xxxx
Title: Vice President
UNION BANK OF CALIFORNIA, N.A.
By: /s/ Xxxx Xxxxxx
----------------
Name: Xxxx Xxxxxx
Title: Vice President
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