Exhibit (g)(2)
AMENDMENT TO
CUSTODIAN AGREEMENT
This Amendment to Custodian Agreement ("Amendment") is made as of
November 1, 2002, between AMERICAN INDEPENDENCE FUNDS TRUST (the "Trust"), a
Delaware business trust, having its principal place of business at 0000 Xxxxxxx
Xxxx, Xxxxxxxx, Xxxx 00000, and INTRUST Bank, N.A. ("INTRUST" or "Custodian"), a
national banking association, having its principal place of business at 000
Xxxxx Xxxx Xxxxxx, Xxxxxxx, Xxxxxx 00000.
WHEREAS, INTRUST FUNDS TRUST and INTRUST Bank, N. A. entered into a
Custodian Agreement dated as of January 26, 1996 (the "Agreement"), pertaining
to each series portfolio of the Trust other than the series of the Trust known
and designated as the NestEgg Funds;
WHEREAS, the name INTRUST Funds Trust was subsequently changed and the
INTRUST Funds Trust is now known as the American Independence Funds Trust;
WHEREAS, the Trust and INTRUST wish to amend the Agreement to provide
that the NestEgg Funds will be covered under the Agreement, and to provide the
terms under which the Agreement will apply to the NestEgg Funds.
NOW THEREFORE, in consideration of the foregoing and the mutual premises
and covenants herein set forth, the parties agree as follows:
1. Capitalized terms not otherwise defined herein shall have the
same meaning as in the Agreement.
2. As of November 1, 2002, the first paragraph of Section I. of the
Agreement is amended as follows:
I. DEFINITIONS AND EMPLOYMENT OF INTRUST AS CUSTODIAN AND PROPERTY TO BE
HELD BY IT. The Trust is an open-ended investment company organized
under the General Laws of the State of Delaware. For all purposes of
this Agreement, a "Portfolio" shall mean a separate portfolio of assets
of the Trust. The current Portfolios are the American Independence Stock
Fund, American Independence International Multi-Manager Stock Fund,
American Independence UltraShort Bond Fund, American Independence
Intermediate Bond Fund, American Independence Money Market Fund,
American Independence Kansas Tax-Exempt Bond Fund, NestEgg Capital
Preservation Fund, NestEgg 2010 Fund, NestEgg 2020 Fund, NestEgg 2030
Fund and NestEgg 2040 Fund. For the purposes of this Agreement, the term
"Portfolio Shares" shall be deemed to refer to the shares of beneficial
interest which are offered for each Portfolio, and the term "Adviser"
shall be deemed to refer to the investment adviser of the Trust. The
Trust hereby employs INTRUST as custodian of the assets of each
Portfolio. In the event the Trust establishes one or more portfolios
other than the Portfolios with respect to which the Trust decides to
retain the Custodian to act as
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custodian hereunder, the Trust shall so notify the Custodian in writing.
If the Custodian is willing to render such services, the Custodian shall
promptly notify the Trust in writing whereupon such portfolio shall be
deemed to be a Portfolio hereunder. The Trust agrees to deliver to the
Custodian all securities other than securities issued by the Trust (the
"Portfolio Securities") and cash owned by the Trust for the account of
each Portfolio, and all payments of income, payments of principal or
capital distributions received by the Trust with respect to all
securities owned by the Trust for the account of each Portfolio from
time to time, and the cash consideration received by the Trust for
Portfolio Shares which may be issued or sold from time to time. The
Custodian shall not be responsible for any property of the Trust held or
received by the Trust and not delivered to the Custodian.
3. This Amendment may be executed in one or more counterparts, each
of which will be deemed an original, but all of which together
shall constitute one and the same instrument.
4. Except as specifically set forth in this Amendment, all
provisions of the Agreement and the Schedules thereto remain in
full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date first written above.
AMERICAN INDEPENDENCE FUNDS TRUST
By: ____________________________
Title: _________________________
INTRUST BANK, N. A.
By: ____________________________
Title: _________________________
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SUPPLEMENT TO CUSTODIAN AGREEMENT
BETWEEN
AMERICAN INDEPENDENCE FUNDS TRUST
AND
INTRUST BANK, N. A.
AS AMENDED NOVEMBER 1, 2002
COMPENSATION OF CUSTODIAN
Custodian shall receive the following compensation based on assets held in the
respective mutual funds for providing custodial services:
NAME OF FUND COMPENSATION
------------ ------------
American Independence Stock Fund 2 basis points
American Independence International Multi-Manager Stock Fund 2 basis points
American Independence UltraShort Bond Fund 2 basis points
American Independence Intermediate Bond Fund 2 basis points
American Independence Money Market Fund 2 basis points
American Independence Kansas Tax-Exempt Bond Fund 2 basis points
NestEgg Capital Preservation Fund 2 basis points
NestEgg 2010 Fund 2 basis points
NestEgg 2020 Fund 2 basis points
NestEgg 2030 Fund 2 basis points
NestEgg 2040 Fund 2 basis points
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