SIXTH AMENDMENT TO SECURITIES LENDING AGENCY AGREEMENT
SIXTH AMENDMENT TO
SECURITIES LENDING AGENCY AGREEMENT
This sixth Amendment to Securities Lending Agency Agreement (“Amendment”) is entered into as of November 16, 2010 by and among Xxxxx Fargo Advantage Income Opportunities Fund, Xxxxx Fargo Advantage Multi-Sector Income Fund and Xxxxx Fargo Advantage Utilities and High Income Fund, Xxxxx Fargo Funds Trust, Xxxxx Fargo Master Trust and Xxxxx Fargo Variable Trust (the “Trusts” and each a “Trust”), on behalf of their funds now existing or hereafter created (the “Funds”), and Xxxxxxx Xxxxx Bank USA, doing business as Xxxxxxx Sachs Agency Lending ("GSAL").
WHEREAS, the parties entered into an Securities Lending Agency Agreement dated April 1, 2010 (the “Agreement”); and
WHEREAS, each of the Funds listed on Appendix A to the Agreement retained the services of GSAL to act as its agent in lending securities from time to time held in the Custody Account to certain borrowers, on the terms and conditions set forth in the Agreement; and
WHEREAS, the parties herein wish to amend the Agreement, specifically, Appendix A to the Agreement, so that each of the additional Funds identified in this Amendment may also retain the services of GSAL to act as its agent on the terms and conditions set forth in the Agreement; and
NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
Amendment. The Agreement is hereby amended as follows:
a. Appendix A. Effective February 1, 2011, the following Fund is to be added to the list of Funds of Xxxxx Fargo Master Trust in Appendix A to the Agreement:
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Xxxxx Fargo Advantage Diversified Large Cap Growth Portfolio |
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b. Appendix A. Effective February 1, 2011, the following Funds are to be deleted from the list of Funds of Xxxxx Fargo Master Trust in Appendix A to the Agreement:
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Xxxxx Fargo Advantage Disciplined Growth Portfolio |
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Xxxxx Fargo Advantage Large Cap Appreciation Portfolio |
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Xxxxx Fargo Advantage Large Company Growth Portfolio |
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Xxxxx Fargo Advantage Small Cap Index Portfolio |
2. Recitals Incorporated; Definitions.
The foregoing recitals are true and correct and by this reference are incorporated herein. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.
3. Appendices, Schedules and Exhibits Incorporated.
All appendices and schedules referenced in this Amendment are incorporated herein.
Continuing Provisions of the Agreement.
Except as otherwise specifically set forth in this Amendment, all other terms of the Agreement shall remain unchanged and continue in full force and effect.
Counterpart Signatures.
This Amendment may be executed in any number of counterpart signatures with the same effect as if the parties had all signed the same document. All counterpart signatures shall be construed together and shall constitute one agreement.
IN WITNESS WHEREOF, the parties have caused this Sixth Amendment to be executed and delivered as of the date first above written.
XXXXX FARGO ADVANTAGE INCOME OPPORTUNITIES FUND
XXXXX FARGO ADVANTAGE MULTI-SECTOR INCOME FUND
XXXXX FARGO ADVANTAGE UTILITIES AND HIGH INCOME FUND,
each on behalf of itself as a Lender listed on Appendix A as amended from time to time
By____________________________
Name: Xxxxxx XxXxxxx
Title: Assistant Treasurer
XXXXX FARGO FUNDS TRUST
XXXXX FARGO MASTER TRUST
XXXXX FARGO VARIABLE TRUST,
each on behalf of their respective Lenders listed on Appendix A as amended from time to time
By____________________________
By____________________________
