AMENDMENT NO. 1
Exhibit (h)(9)
AMENDMENT NO. 1
This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of December 13, 2019:
| Term |
Means | |
| “Existing Agreement” | The Compliance Support Services Agreement among ALPS, Forward Funds, MF Trust and Salient Midstream & MLP Fund dated January 17, 2017 | |
| “ALPS” “Service Provider” |
ALPS Fund Services, Inc. | |
| “Forward Funds” | Forward Funds | |
| “MF Trust” | Salient MF Trust | |
| “Salient Midstream & MLP Fund” | Salient Midstream & MLP Fund | |
Except as amended hereby, all terms of the Existing Agreement remain in full force and effect. This Amendment includes the amendments in Schedule A and general terms in Schedule B hereto.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives.
| ALPS Fund Services, Inc. | Forward Funds | |||||||
| By: | /s/ Xxxxx Xxxxxx |
By: | /s/ Xxxx Xxxxxxxx | |||||
| Name: | Xxxxx Xxxxxx | Name: | Xxxx Xxxxxxxx | |||||
| Title: | Authorized Representative | Title: | Vice President | |||||
| Salient MF Trust | Salient Midstream & MLP Fund | |||||||
| By: | /s/ Xxxx Xxxxxxxx |
By: | /s/ Xxxx Xxxxxxxx | |||||
| Name: | Xxxx Xxxxxxxx | Name: | Xxxx Xxxxxxxx | |||||
| Title: | Vice President | Title: | Vice President | |||||
Schedule A to this Amendment
Amendments
Effective as of December 13, 2019 the Existing Agreement is amended as follows:
| 1. | Exhibit C – List of Funds. Exhibit C is replaced in its entirety with the attached Exhibit C. |
Schedule B to this Amendment
General Terms
| 1. | Capitalized terms not defined herein shall have the meanings given to them in the Existing Agreement. |
| 2. | The Parties’ duties and obligations are governed by and limited to the express terms and conditions of this Amendment, and shall not be modified, supplemented, amended or interpreted in accordance with, any industry custom or practice, or any internal policies or procedures of any Party. This Amendment (including any attachments, schedules and addenda hereto), along with the Existing Agreement, as amended, contains the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the Parties with respect thereto. |
| 3. | This Amendment may be executed in counterparts, each of which when so executed will be deemed to be an original. Such counterparts together will constitute one agreement. Signatures may be exchanged via facsimile or electronic mail and signatures so exchanged shall be binding to the same extent as if original signatures were exchanged. |
| 4. | This Amendment and any dispute or claim arising out of or in connection with it, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the same jurisdiction as the Existing Agreement. |
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EXHIBIT C
LIST OF FUNDS
(as of December 13, 2019)
| TRUST/FUND NAME
|
| SALIENT MIDSTREAM & MLP FUND |
| Salient Midstream & MLP Fund |
| Salient MLP & Energy Infrastructure Fund |
| Salient Tactical Plus Fund |
| FORWARD FUNDS |
| Salient Global Real Estate Fund |
| Salient Select Income Fund |
| Salient Tactical Growth Fund |
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