EXPENSE Limitation/reimbursement AGREEMENT
Exhibit (h)(xxii)
EXPENSE Limitation/reimbursement AGREEMENT
This Agreement is entered into as of December 16, 2020, as amended and restated January 28, 2022, by and between SIRIOS CAPITAL MANAGEMENT, L.P. (the “Adviser”) and FUNDVANTAGE TRUST (the “Trust”), on behalf the Sirios Focus Fund (the “Fund”).
WHEREAS, the Adviser desires to contractually agree to reduce its advisory fee and/or reimburse certain of the Fund’s operating expenses to ensure that the Fund’s total operating expenses, excluding taxes, interest, extraordinary items, brokerage commissions, fees and expenses attributable to a distribution or service plan adopted by the Trust, dividend and interest expense on short sales of securities and “Acquired Fund Fees and Expenses” (as defined in Form N-1A), do not exceed the levels described below;
WHEREAS, effective January 28, 2022, the Adviser desires to extend the term of this Agreement for an additional one year period ending February 1, 2023.
NOW, THEREFORE, the parties agree as follows:
Fee Reduction. The Adviser agrees that from the commencement of operations of the Fund through February 1, 2023, it will reduce its compensation and/or reimburse certain expenses for the Fund to the extent necessary to ensure that the Fund’s total operating expenses, excluding taxes, interest, extraordinary items, brokerage commissions, fees and expenses attributable to a distribution or service plan adopted by the Trust, dividend and interest expense on short sales of securities and “Acquired Fund Fees and Expenses” (as defined in Form N-1A), do not exceed 1.60% (on an annual basis) of the Fund’s average daily net assets (the “Expense Limitation”).
Fee Recovery. The Adviser shall be entitled to recover from the Fund, subject to approval by the Board of Trustees of the Trust, amounts waived, reduced or reimbursed by the Adviser with respect to the Fund pursuant to this Agreement for a period of up to three (3) years from the date on which the Adviser reduced its compensation and/or assumed expenses for the Fund. The Adviser is permitted to seek recoupment of fees waived or expenses reimbursed are limited to the lesser of (a) the Expense Limitation in effect at the time fees were waived or expenses were reimbursed, or (b) the Expense Limitation in effect at the time of recoupment. No reimbursement will occur unless the Fund’s expenses are below the Expense Limitation
Term. This Agreement shall terminate on February 1, 2023, or at an earlier date upon the discretion of the Board of Trustees of the Trust, unless extended, terminated, modified or revised by the mutual agreement of the parties, as provided for in writing.
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IN WITNESS WHEREOF, each of the parties hereto has caused this Expense Limitation/Reimbursement Agreement to be executed in its name and on its behalf by its duly authorized representative as of the day and year first above written.
FUNDVANTAGE TRUST, on behalf of Sirios Focus Fund | ||
By: | /s/ Xxxx Xxxxx | |
Xxxx Xxxxx | ||
President | ||
SIRIOS CAPITAL MANAGEMENT, L.P. | ||
By: | /s/ Xxxx X. Xxxxxxx, Xx. | |
Xxxx X. Xxxxxxx, Xx. | ||
Managing Director |