HOTCHKIS AND WILEY FUNDS AMENDMENT TO THE AMENDED AND RESTATED FUND ACCOUNTING SERVICING AGREEMENT
AMENDMENT
TO THE
AMENDED
AND RESTATED FUND ACCOUNTING SERVICING AGREEMENT
THIS AMENDMENT dated as of the
5th
day of February, 2009, to the Amended and Restated Fund Accounting Servicing
Agreement, dated as of October 26, 2005, as amended January 1, 2008 (the “Fund
Accounting Agreement"), is entered into by and between HOTCHKIS AND WILEY FUNDS, a
Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES,
LLC, a Wisconsin limited liability company (“USBFS”).
RECITALS
WHEREAS, the parties have
entered into the Fund Accounting Agreement; and
WHEREAS, the parties desire to
amend the Funds and the fees of the Fund Accounting Agreement; and
WHEREAS, Section 15 of the
Fund Accounting Agreement allows for its amendment by a written instrument
executed by both parties.
NOW, THEREFORE, the parties
agree that Exhibit A and Exhibit B of the Fund Accounting Agreement are
superseded and replaced with Exhibit A and Exhibit B attached
hereto.
Except to
the extent amended hereby, the Fund Accounting Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto
have caused this Amendment to be executed by a duly authorized officer on one or
more counterparts as of the date and year first written above.
|
U.S.
BANCORP FUND SERVICES, LLC
|
|
|
By:
/s/ Xxxx Xxxxx
Xxxxx
|
By:
/s/ Xxxxxxx X.
XxXxx
|
|
Printed
Name: Xxxx Xxxxx Xxxxx
|
Printed
Name: Xxxxxxx X. XxXxx
|
|
Title:
President
|
Title:
Executive Vice President
|
1
Exhibit
A
Fund
Accounting Servicing Agreement
Fund
Names
Separate
Series of Hotchkis and Wiley Funds
|
Name of Series
|
Date Added
|
|
Hotchkis
and Wiley All Cap Value Fund
|
12-31-2002
|
|
Hotchkis
and Wiley Core Value Fund
|
08-24-2004
|
|
Hotchkis
and Wiley Large Cap Value Fund
|
10-19-2001
|
|
Hotchkis
and Wiley Mid-Cap Value Fund
|
10-19-2001
|
|
Hotchkis
and Wiley Small Cap Value Fund
|
10-19-2001
|
|
Hotchkis
and Wiley High Yield Fund
|
on
or after 03-31-2009
|
2
Exhibit
B to the Fund Accounting Servicing Agreement – Hotchkis and Wiley
Funds
|
ANNUAL
FEE SCHEDULE Effective January 1, 2008
|
|
|
Annual
fee based upon assets in the Fund Complex*:
¨ [__] basis points on the
first $[__]
billion
¨ [__] basis points on the
next $[__]
billion
¨ [__] basis points on the
balance > $[__]
billion
¨
¨ *Minimum
annual fee for [__]
funds ([__] cusips):
$[__]. Subject
to change with changes in the total number of funds and/or classes, as
mutually agreed upon in writing by the Trust and
USBFS. Excludes High Yield Fund.
Fills
are billed monthly (in arrears)
|
¨
Extraordinary services - quoted
separately
Conversion Estimate – one month’s fee (if
necessary)
NOTE-
All schedules subject to change depending upon the use of derivatives –
options, futures, short sales, etc.
All
fees are billed monthly plus out-of-pocket expenses, including pricing,
corporate action, and factor services:
· $[__] Domestic
and Canadian Equities
· $[__] Options
· $[__] Corp/Gov/Agency
Bonds
· $[__] CMOs
· $[__] International
Equities and Bonds
· $[__] Municipal
Bonds
· $[__] Money
Market Instruments
· $[__] /fund/month - Mutual
Fund Pricing
· $[__] Per Corporate
Action
Factor
Services (BondBuyer)
Per
CMO - $[__] per
month
Per
Mortgage Backed - $[__]/month
Minimum
- $[__]/month
|
The
fees schedules for Fund Accounting/Fund Administration & Compliance Services
for the High Yield Fund are combined under Exhibit B to the Fund Administration
Servicing Agreement between the Funds and USBFS.
3
