AMENDMENT TO SUB-ADMINISTRATION AGREEMENT
8-27-07
AMENDMENT TO
SUB-ADMINISTRATION AGREEMENT
AMENDMENT (“Amendment”) made as of
August 11, 2007, among Firsthand Funds, a Delaware statutory trust having its
principal place of business at 000 X. Xxxxxx, Xxxxx 0000, Xxx Xxxx, Xxxxxxxxxx,
00000 (the “Trust”), Firsthand Capital Management, Inc., a California
corporation having its principal place of business at 000 X. Xxxxxx, Xxxxx 000,
Xxx Xxxx, Xxxxxxxxxx 00000 (the “Adviser”) and Citi Fund Services Ohio, Inc.,
formerly known as BISYS Fund Services Ohio, Inc., an Ohio corporation having its
principal place of business at 0000 Xxxxxxx Xxxx, Xxxxxxxx,
Xxxx 00000 (“Citi”), to that certain Sub-Administration Agreement
dated as of June 2, 2005, among the Trust, the Adviser and Citi (as amended and
in effect as of the date hereof, the “Agreement”). All capitalized
terms used in this Amendment but not otherwise defined herein shall have the
meanings given to them in the Agreement.
WHEREAS, pursuant to the Agreement,
Citi performs certain administrative services for the Trust and each investment
portfolio of the Trust listed on Schedule A to the Agreement or
as may be established from time to time, (each a “Fund” and
collectively, the “Funds”), and
WHEREAS, the Trust, the Adviser and
Citi wish to amend the list of Funds set forth on Schedule A of the
Agreement;
NOW, THEREFORE, in consideration of the
mutual covenants herein contained, the parties hereto agree as
follows:
1. Amendment.
Effective
as of July 31, 2007, Schedule A of the Agreement, shall be replaced with
Schedule A, attached hereto.
2. Representations and
Warranties.
(a)
The Trust represents (i) that it has full power and authority to enter into and
perform this Amendment, (ii) that this Amendment, and all information relating
thereto has been presented to and reviewed by the Board of Trustees of the Trust
(the “Board”), and (iii) that the Board has approved this
Amendment.
(b)
The Adviser represents that it has the full authority to enter into and perform
this Amendment.
(c)
Citi represents that it has full power and authority to enter into and perform
this Amendment.
3. Miscellaneous.
(a) This Amendment supplements
and amends the Agreement. The provisions set forth in this Amendment
supersede all prior negotiations, understandings and agreements bearing upon the
subject matter covered herein, including any conflicting provisions of the
Agreement or any provisions of the Agreement that directly cover or indirectly
bear upon matters covered under this Amendment.
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8-27-07
(b) Each reference to the
Agreement in the Agreement (as it existed prior to this Amendment) and in every
other agreement, contract or instrument to which the parties are bound, shall
hereafter be construed as a reference to the Agreement as amended by this
Amendment. Except as provided in this Amendment, the provisions of
the Agreement remain in full force and effect. No amendment or
modification to this Amendment shall be valid unless made in writing and
executed by both parties hereto.
(c) Paragraph headings in
this Amendment are included for convenience only and are not to be used to
construe or interpret this Amendment.
(d) 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 agreement.
* * * * *
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8-27-07
IN WITNESS WHEREOF, the
parties hereto have executed and delivered this Amendment as of the day and year
first above written.
FIRSTHAND FUNDS | ||
By: | /s/ Xxxx Xxxxxxxxx | |
Name: | Xxxx Xxxxxxxxx | |
Title: | Assistant Treasurer | |
FIRSTHAND CAPITAL MANAGEMENT, INC. | ||
By: | /s/ Xxxx Xxxxxxxxx | |
Name: | Xxxx Xxxxxxxxx | |
Title: | Chief Operations Officer | |
CITI FUND SERVICES OHIO, INC. | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: | Xxxx Xxxxxxx | |
Title: | President |
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8-27-07
SCHEDULE
A
TO
THE SUB-ADMINISTRATION AGREEMENT
BETWEEN
FIRSTHAND
FUNDS, FIRSTHAND CAPITAL MANAGEMENT, INC. AND
CITI
FUND SERVICES OHIO, INC. (formerly known as BISYS Fund Services Ohio,
Inc.)
Firsthand
Technology Value Fund
Firsthand
Technology Leaders Fund
Firsthand
Technology Innovators Fund
Firsthand
e-Commerce Fund
Firsthand
Global Technology Fund
Firsthand
Alternative Energy Fund (effective as of September 30,
2007)
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