AMENDMENT TO SUB-ADMINISTRATION AGREEMENT
Exhibit (h)(11)
AMENDMENT TO
SUB-ADMINISTRATION AGREEMENT
AMENDMENT made as of April 28, 2011 to become effective on the Effective Date between CAVANAL HILL INVESTMENT MANAGEMENT, INC., formerly known as AXIA Investment Management, Inc., and BOK Investment Advisers, Inc., Oklahoma corporations (the “Administrator”) and CITI FUND SERVICES OHIO, INC., formerly known as BISYS Fund Services Ohio, Inc., an Ohio corporation (“Citi”), to that certain Sub-Administration Agreement, dated July 1, 2004, between the Administrator and Citi (as amended and in effect on the date hereof, the “Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
WHEREAS, Cavanal Hill Funds, a Massachusetts business trust (the “Trust”), is an open-end management investment company registered under the Investment Company Act of 1940, as amended;
WHEREAS, pursuant to the Agreement, Citi performs certain sub-administration services for Portfolios of the Trust (individually referred to as a “Fund” and collectively the “Funds”);
WHEREAS, Citi and the Administrator wish to enter into this Amendment to the Agreement in order to add additional Classes to the Agreement;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Administrator and Citi hereby agree as follows:
1. Effective Date.
The effective date of this Amendment (the “Effective Date”) shall be the date upon which the Post-Effective Registration Statement for the Cavanal Hill Funds that was filed February 11, 2011 becomes effective with the Securities and Exchange Commission.
2. Schedule A – Funds.
The list of Funds and Classes on Schedule A of the Agreement is hereby deleted in its entirety and replaced with the attached list of Funds and Classes.
3. Representations and Warranties.
(a) The Administrator represents (i) that it has full power and authority to enter into and perform this Amendment and (ii) that this Amendment will be presented to the Board of Trustees of the Trust (the “Board”) for the Board’s review and approval.
(b) Citi represents that it has full power and authority to enter into and perform this Amendment.
4. 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 Agreement. Except as set forth herein, the Agreement shall remain in full force and effect.
(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. 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 which, taken together, shall constitute one and the same Agreement.
* * * * *
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Sub-Administration Agreement to be duly executed on the day and year first above written to become effective on the Effective Date.
CAVANAL HILL INVESTMENT | |||
MANAGEMENT, INC. | |||
By: | /s/ J. Xxxxx Xxxxxxxxx | ||
Name: | J. Xxxxx Xxxxxxxxx | ||
Title: | Senior Vice President | ||
CITI FUND SERVICES OHIO, INC. | |||
By: | |||
Name: | Xxxxxx Xxxxxxx | ||
Title: |
SCHEDULE A
TO THE SUB-ADMINISTRATION AGREEMENT
BETWEEN
CAVANAL HILL INVESTMENT MANAGEMENT, INC.
AND
CITI FUND SERVICES OHIO,
INC.
AMENDMENT DATED APRIL 28, 2011
Portfolios: | This Agreement shall apply to all Portfolios of the Trust either now or hereafter created. The current portfolios and classes of the Trust are set forth below: |
U.S. Large
Cap Equity Fund No-Load Investor Institutional A |
U.S. Treasury
Fund Administrative Service Institutional Select Premier |
Balanced Fund
No-Load Investor Institutional A |
Cash Management
Fund Administrative Service Institutional Select Premier |
Short-Term
Income Fund No-Load Investor Institutional A |
Tax-Free Money
Market Fund Administrative Service Institutional Select Premier |
Intermediate
Bond Fund No-Load Investor Institutional A |
Intermediate
Tax-Free Bond Fund No-Load Investor Institutional A |
Bond Fund No-Load Investor Institutional A |