Exhibit (h)(4)(d)
SECOND AMENDMENT TO
TRANSFER AGENCY AGREEMENT
THIS SECOND AMENDMENT (the "Amendment") is made as of the 30th day of
June, 2004, between AmSouth Funds (the "Trust"), a Massachusetts business trust
having its principal place of business at 0000 Xxxxxxx Xxxx, Xxxxxxxx, Xxxx
00000, and BISYS Fund Services Ohio, Inc. ("BISYS") an Ohio corporation having
its principal place of business at 0000 Xxxxxxx Xxxx, Xxxxxxxx, Xxxx 00000.
WHEREAS, the Trust and BISYS entered into a Transfer Agency Agreement
dated January 1, 2001, under which BISYS performs transfer agency services for
the Trust (as amended and in effect on the date hereof, the "Agreement");
WHEREAS, Section 5, which governs the term of the Agreement, contains a
typographical error; and
WHEREAS, the parties wish to correct Section 5 of the Agreement.
NOW THEREFORE, in consideration of the foregoing and the mutual promises
and covenants herein set forth, the parties agree as follows:
1. The first sentence of Section 5 of the Agreement is hereby revised to
read as follows: "The term of this Agreement shall commence on the Effective
Date and shall remain in effect, unless earlier terminated by either party
hereto as provided hereunder, until December 31, 2005 (the "Initial Term")."
2. Except as specifically set forth herein, all other provisions of the
Agreement remain in full force and effect.
3. The provisions set forth in this Amendment supersede all prior
negotiations, understandings and agreements bearing upon the subject matter
covered herein. This Amendment may be executed in counterparts, each of which
shall be an original but all of which, taken together, shall constitute one and
the same instrument. No amendment or modification to this Amendment shall be
valid unless made in writing and executed by both parties hereto.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date first written above.
AMSOUTH FUNDS
By: /s/ Xxxx X. Xxxxxxx
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Title: President
BISYS FUND SERVICES OHIO, INC.
By: /s/ Xxxxxxx Xxxxx
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Title: President
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