JOINDER AGREEMENT AND AMENDMENT TO ACCOUNTING SERVICES AGREEMENT
Exhibit 13(k)
EXECUTION
JOINDER AGREEMENT AND AMENDMENT
TO
This Joinder Agreement and Amendment dated December 2, 2016 by and among Virtus Total Return Fund, the investment companies listed on Schedule I (each, a “Fund” and together, the “Funds”) and BNY Mellon Investment Servicing (US) Inc. (“BNY Mellon").
BACKGROUND:
| A. | Virtus Total Return Fund and BNY Mellon are parties to an Accounting Services Agreement dated as of December 12, 2011, as amended (the “Agreement"), relating to BNY Mellon's provision of certain accounting services to the Fund. A Joinder Agreement to Accounting Services Agreement was entered into among the parties on September 7, 2016 for the purpose of adding a Fund. |
| B. | The Funds and BNY Mellon desire that each Fund be a party to the Agreement and receive the accounting services set forth in the Agreement. |
| C. | This Background section is incorporated by reference into and made a part of this Amendment. |
TERMS:
The parties hereby agree that:
| 1. | By executing this Agreement, each Fund and BNY Mellon agree to become a party to, and be bound by, and to comply with the terms of the Agreement in the same manner as if each of the undersigned were an original signatory to the Agreement. For the avoidance of doubt, each investment company listed at Schedule I shall be considered to have a separate agreement with BNY Mellon and hereby appoints BNY Mellon to provide accounting services in accordance with the terms set forth in the Agreement. BNY Mellon accepts such appointment and agrees to furnish such services. |
| 2, | Schedule I shall be deleted from the Agreement and replaced in its entirety with Schedule I as attached hereto. |
| 4, | Miscellaneous. |
| (a) | As amended and supplemented hereby, the Agreement shall remain in full force and effect. |
| (b) | This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument The facsimile signature of any party to this Amendment shall constitute the valid and binding execution hereof by such party. |
EXECUTION
IN WITNESS WHEREOF, each party hereto has caused this Amendment to be executed by its duty authorized representatives designated below as of the day and year first above written.
BNY MELLON INVESTMENT SERVICING (US) INC.
| By: | /s/ Xxxxxxx Xxxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxxx | |
| Title: | Vice President, Managing Director |
VIRTUS TOTAL RETURN FUND
| By: | /s/ Xxx Xxxxxxx | |
| Name: | Xxx Xxxxxxx | |
| Title: | VP & asst. Treasurer |
THE VIRTUS GLOBAL DIVIDEND & INCOME FUND, INC.
| By: | /s/ Xxx Xxxxxxx | |
| Name: | Xxx Xxxxxxx | |
| Title: | VP & asst. Treasurer |
THE XXXXX FUND, INC.
| By: | /s/ Xxx Xxxxxxx | |
| Name: | Xxx Xxxxxxx | |
| Title: | VP & asst. Treasurer |
EXECUTION
SCHEDULE I
THIS SCHEDULE I, dated December 2, 2016, is Schedule I to that certain Accounting Services Agreement dated as of December 12, 2011 by and among the investment companies as listed below and BNY Mellon Investment Servicing (US) Inc.
FUNDS
VIRTUS TOTAL RETURN FUND
THE VIRTUS GLOBAL DIVIDEND & INCOME FUND, INC.
(f/k/a, THE XXXXX TOTAL RETURN FUND, INC.)
THE XXXXX FUND, INC.
