SIXTEENTH AMENDMENT AGREEMENT Amending the terms of a Custody Agreement
Exhibit 99.(g)(1)(xii)
Amending the terms of a Custody Agreement
This Amendment Agreement, made as of February 22, 2023 (“Effective Date”), is made by and between Xxxxxxx Xxxxxxx Funds, a Massachusetts business trust (the “Trust”) on behalf of each series of the Trust, and the Bank of New York Mellon.
WITNESSETH:
The Trust (acting on behalf of certain series of the Trust) and the Bank of New York (now known as the Bank of New York Mellon (“BNYM”)) entered into a custody agreement on September 29, 2000, as amended, pursuant to which the Trust appointed the Bank of New York (now known as BNYM) as custodian of certain series of the Trust (the “Custody Agreement”).
The parties now wish to amend Schedule II to the Custody Agreement to reflect the removal of three Funds to the series of the Trust listed on Schedule II. By executing this Amendment Agreement, the parties hereby agree to be bound by all terms of the Custody Agreement as herein amended, as if each series of the Trust listed on Schedule II was a party to the Custody Agreement, with effect from the date hereof.
NOW, THEREFORE, the parties wish to amend the Custody Agreement as follows:
| 1. | Schedule II |
Schedule II shall be deleted in its entirety and replaced with the Schedule annexed hereto.
| 2. | Signatures; Counterparts. The parties expressly agree that this Amendment Agreement may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of Amendment Agreement, by a manual signature on a copy of Amendment Agreement transmitted by facsimile transmission, by a manual signature on a copy of Amendment Agreement transmitted as an imaged document attached to an email, or by "Electronic Signature", which is hereby defined to mean inserting an image, representation or symbol of a signature into an electronic copy of Amendment Agreement by electronic, digital or other technological methods. Each counterpart executed in accordance with the foregoing shall be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment Agreement or of executed signature pages to counterparts of this Amendment Agreement, in either case by facsimile transmission or as an imaged document attached to an email transmission, shall constitute effective execution and delivery of this Amendment Agreement and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment Agreement. |
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment Agreement to be executed as of the Effective Date by its duly authorized representative indicated below. An authorized representative, if executing this Amendment Agreement by Electronic Signature, affirms authorization to execute this Amendment Agreement by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment Agreement and an agreement with its terms.
XXXXXXX XXXXXXX FUNDS, in its own capacity and on behalf of each of Xxxxxxx Xxxxxxx China A Shares Growth Fund, Xxxxxxx Xxxxxxx China Equities Fund, Xxxxxxx Xxxxxxx Developed EAFE All Cap Fund, Xxxxxxx Xxxxxxx EAFE Plus All Cap Fund, Xxxxxxx Xxxxxxx Emerging Markets Equities Fund, Xxxxxxx Xxxxxxx Emerging Markets ex China Fund, Xxxxxxx Xxxxxxx Global Alpha Equities Fund, Xxxxxxx Xxxxxxx Global Stewardship Equities Fund, Xxxxxxx Xxxxxxx Health Innovation Equities Fund, Xxxxxxx Xxxxxxx International All Cap Fund, Xxxxxxx Xxxxxxx International Alpha Fund, Xxxxxxx Xxxxxxx International Concentrated Growth Equities Fund, Xxxxxxx Xxxxxxx International Growth Fund, Xxxxxxx Xxxxxxx International Smaller Companies Fund, Xxxxxxx Xxxxxxx Long Term Global Growth Fund, Xxxxxxx Xxxxxxx Multi Asset Fund, Xxxxxxx Xxxxxxx U.S. Discovery Fund and Xxxxxxx Xxxxxxx U.S. Equity Growth Fund.
| /s/ Xxxxx Xxxx |
| Name: Xxxxx Xxxx |
| Authority: Vice President, Xxxxxxx Xxxxxxx Funds |
| BANK OF NEW YORK MELLON | /s/ Xxxx Xxxx | |
| Name: Xxxx Xxxx | ||
| Authority: Head of EMEA Investment Manager Segment |
Schedule II
(Dated February 22, 2023)
Series
1. Xxxxxxx Xxxxxxx China A Shares Growth Fund
2. Xxxxxxx Xxxxxxx China Equities Fund
3. Xxxxxxx Xxxxxxx Emerging Markets ex China Fund
4. Xxxxxxx Xxxxxxx Developed EAFE All Cap Fund
5. Xxxxxxx Xxxxxxx EAFE Plus All Cap Fund
6. Xxxxxxx Xxxxxxx Emerging Markets Equities Fund
7. Xxxxxxx Xxxxxxx Global Alpha Equities Fund
8. Xxxxxxx Xxxxxxx Global Stewardship Equities Fund
9. Xxxxxxx Xxxxxxx Health Innovation Equities Fund,
10. Xxxxxxx Xxxxxxx International All Cap Fund
11. Xxxxxxx Xxxxxxx International Alpha Fund
12. Xxxxxxx Xxxxxxx International Concentrated Growth Equities Fund
13. Xxxxxxx Xxxxxxx International Growth Fund
14. Xxxxxxx Xxxxxxx International Smaller Companies Fund
15. Xxxxxxx Xxxxxxx Long Term Global Growth Fund
16. Xxxxxxx Xxxxxxx Multi Asset Fund
17. Xxxxxxx Xxxxxxx U.S. Discovery Fund
18. Xxxxxxx Xxxxxxx U.S. Equity Growth Fund
