EXHIBIT (h)(10)
WAIVER AND REIMBURSEMENT AGREEMENT
Agreement ("Agreement") dated as of the ____day of August, 2000 by and
among Excelsior Institutional Trust, a Delaware business trust and a registered
investment company under the Investment Company Act of 1940, as amended
("Excelsior Trust"), and United States Trust Company of New York. a state-
chartered bank and trust company ("United States Trust"), and U.S. Trust
Company, a Connecticut State bank and trust company ("U.S. Trust" and together
with United States Trust, the "Advisers").
BACKGROUND
United States Trust and U.S. Trust serve as investment advisers to each
portfolio of Excelsior Trust pursuant to an Investment Advisory Agreement among
the Advisers and Excelsior Trust, dated as of May 31, 2000.
The parties to this Agreement wish to provide for an undertaking by the
Advisers to limit investment advisory or other fees or reimburse expenses of
each of the portfolios of Excelsior Trust in order to improve the performance of
each such portfolio.
AGREEMENT
THEREFORE, in consideration of the foregoing, the parties intending to be
legally bound, hereby agree as follows:
The Advisers shall, from the date of this Agreement until March 31, 2001,
waive all or a portion of their investment advisory fees and/or reimburse
expenses in amounts necessary so that after such waivers and/or reimbursements,
the maximum total operating expense ratios of the portfolios of Excelsior Trust
shall not exceed the amounts set forth on Exhibit A hereto.
Each of the Advisers acknowledges and agrees that it shall not be entitled
to collect on or make a claim for waived fees or reimbursed expenses at any time
in the future.
This Agreement shall be governed by and construed under the laws of the
State of New York, without regard to its conflict of law provisions. This
Agreement may be signed in counterparts.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their officers designated below as of the day and year first above
written.
EXCELSIOR INSTITUTIONAL TRUST UNITED STATES TRUST COMPANY
OF NEW YORK
By:__________________________ By:_______________________________
Xxxxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxx
President and Treasurer Executive Vice President
U.S. TRUST COMPANY
By:_______________________________
W. Xxxxxxx Xxxxx
President and Chief Executive Officer
-2-
Excelsior Institutional Trust
-----------------------------
Name of Portfolio Total Annual Operating Expenses
----------------- -------------------------------
High Yield Fund 0._%
