EXHIBIT 8(b)
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[LOGO OF BNY WESTERN TRUST COMPANY]
C. Xxxxxx Xxxxxx
Chairman & CEO
Telephone (000) 000-0000
September 5, 1997
Xx. Xxxxxx XxXxxxxx
Secretary
XXXXXX INVESTMENT TRUST
0000 Xxxxxxxx Xxxx.
Xxxxxxx Xxxxx, XX 00000
RE: Custody Agreement dated as of May 9, 1996 between Xxxxxx Investment Trust,
formerly known as Xxxxxx-Xxxxxxxx Investment Trust and Xxxxx Fargo as
original custodian names therein or acting as successor in interest,
incorporated herein by reference, the "Custody Agreement."
Account number 0000000-000.
Dear Xx. XxXxxxxx,
As you are aware, BNY Western Trust Company, a wholly owned subsidiary of The
Bank of New York Company, Inc., has agreed to purchase the Custody business from
Xxxxx Fargo. With your consent, we will become successor Custodian and The Bank
of New York, our affiliate, will be appointed by us to provide subcustody and
related services.
We are presently working with Xxxxx Fargo to effect the smooth transition of
your assets. We ask that you sign the enclosed copy of this letter indicating
your consent to the assignment of your Custody Agreement to BNY Western Trust
Company. Once we are in receipt of this signed consent, we will contact you to
determine a mutually agreeable date for the transfer of the assets. Once
transferred, BNY Western Trust Company will assume responsibility for providing
all services to you under the Custody Agreement.
Attached you will find some additional information about BNY Western Trust
Company. If you have any questions regarding the transfer, please call Xxxx
Xxxxxx at (000) 000-0000. We look forward to having the opportunity to provide
you with the attention and quality service that has established us an industry
leader in the securities processing business.
Very truly yours,
/s/ C. Xxxxxx Xxxxxx
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C. Xxxxxx Xxxxxx
Chairman and CEO
CONSENT AND AGREEMENT TO YOUR APPOINTMENT
AS SUCCESSOR CUSTODIAN AND THE ASSIGNMENT TO YOU
OF THE CUSTODY AGREEMENT
By: /s/ Xxxxxx XxXxxxxx
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Name: Xxxxxx XxXxxxxx
Title: Secretary
Date: September 9, 1997