BRANDYWINE FUND, INC. AMENDMENT TO THE CUSTODY AGREEMENT
Exhibit 99 (g)(iii)
BRANDYWINE FUND, INC.
AMENDMENT TO THE CUSTODY AGREEMENT
THIS AMENDMENT dated as of this 1st day of October 2012, to the Custody Agreement, dated as of the 25th day of March, 2004, as amended March, 16, 2006, (the "Agreement"), is entered by and between Brandywine Fund, Inc., a Maryland corporation (the “Corporation”) and U.S. Bank, N.A., a national banking association (the "Custodian").
RECITALS
WHEREAS, the parties have entered into a Custody Agreement; and
WHEREAS, the Corporation and the Custodian desire to amend said Agreement; and
WHEREAS, Article XIV, Section 14.4 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree as follows:
Exhibit C, the fee schedule of the Agreement, is hereby superseded and replaced with Amended Exhibit C attached hereto.
Except to the extent amended hereby, the 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.
| BRANDYWINE FUND, INC. | U.S. BANK, N.A. |
| By: /s/Xxxxxx Xxxxxx | By: /s/ Xxxxxxx X. XxXxx |
| Printed Name: Xxxxxx Xxxxxx | Printed Name: Xxxxxxx X. XxXxx |
| Title: Secretary | Title: Senior Vice President |
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Amended Exhibit C
to the Brandywine Fund, Inc. Custody Agreement
Name of Series
Brandywine Fund
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DOMESTIC CUSTODY SERVICES
ANNUAL FEE SCHEDULE
BRANDYWINE FUND, INC
EFFECTIVE 10/01/12
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Annual Fee Based Upon Market Value
· XXXX% on assets (.5 bps on average daily market value)
· Chief Compliance Officer Support Fee $ XXXX /year
· Plus portfolio transaction fees
Portfolio Transaction Fees
$ XXXX per book entry DTC transaction/Federal Reserve transaction/principal paydown/non US Bank Repurchase Agreement
$ XXXX per short sale
$ XXXX per U.S. Bank repurchase agreement transaction
$ XXXX per option/future contract written, exercised or expired
$ XXXX per mutual fund trade/Fed wire/margin variation Fed wire
$ XXXX per physical security transaction
$ XXXX per Cedel/Euroclear Transaction
$ XXXX per disbursement (waived if U.S. Bancorp is Administrator)
$ XXXX per segregated account per year
§ A transaction is a purchase/sale of a security, free receipt/free delivery, tender or exchange.
§ No charge for maturity of Commercial Paper
§ No charge for the initial conversion free receipt.
§ Overdrafts – charged to the account at prime interest rate plus 2.
Out-Of-Pocket Expenses
Including but not limited to expenses incurred in the safekeeping, delivery and receipt of securities, shipping, transfer fees, and extraordinary expenses based upon complexity.
Fees are billed monthly
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