FIRST AMENDMENT OF CUSTODY AGREEMENT
THIS FIRST AMENDMENT OF CUSTODY AGREEMENT ("Agreement") is made and
entered into to be effective as of October 4, 1994, by and between XXXXXXXX
PORTFOLIOS, INC. (f/k/a Xxxxxxxx Mutual Benefit Portfolios, Inc.), a Maryland
corporation ("Fund"), and INVESTORS FIDUCIARY TRUST COMPANY, a Missouri trust
company ("IFTC").
RECITALS
A. Fund and IFTC are parties to that certain Custody Agreement dated June 1,
1988 ("Custody Agreement"), pursuant to which Fund appointed IFTC as
custodian and recordkeeping agent of the Fund's five then-existing
portfolios.
B. Fund desires to appoint IFTC as custodian and recordkeeping agent of two
of its new portfolios, known as the Xxxxxxxx Communications and
Information Portfolio and the Xxxxxxxx Frontier Portfolio, upon and
subject to the terms, conditions and agreements set forth in the Custody
Agreement, and IFTC is willing to accept such appointment.
AGREEMENT
1. Fund hereby appoints IFTC as custodian and recordkeeping agent of the
Xxxxxxxx Communications and Information Portfolio and the Xxxxxxxx
Frontier Portfolio, and IFTC hereby accepts such appointment and agrees
that it will act as the custodian and recordkeeping agent of the Xxxxxxxx
Communications and Information Portfolio and the Xxxxxxxx Frontier
Portfolio.
2. Such appointment and agreement is made upon and subject to all the terms,
conditions and agreements set forth in the Custody Agreement, which is
hereby incorporated herein by reference. Fund and IFTC hereby ratify and
confirm the Custody Agreement and agree that it remains in full force and
effect and is binding upon the parties in accordance with its terms,
except as amended hereby. Each party hereby confirms that except as
amended herein all of its representations and warranties set forth in the
Custody Agreement remain true and correct as of the date of this
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their duly authorized officers to be effective as of the date and year first
above written.
INVESTORS FIDUCIARY TRUST COMPANY
By:
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Title:
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XXXXXXXX PORTFOLIOS, INC.
(f/k/a Xxxxxxxx Mutual Benefit Portfolios,
Inc.)
By:
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Title:
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