(m)(3)
AMENDMENT NO. 2 TO THE DISTRIBUTION AGREEMENT
AGREEMENT made by and between Xxxxxxx X. Xxxxxxxxx & Co., LLC (the
"Distributor") and Xxxxxxx X. Xxxxxxxxx Fund, Inc. (the "Fund").
WHEREAS, the Distributor and the Fund are parties to a Distribution
Agreement dated October 2, 2000, as amended to date (the "Distribution
Agreement");
WHEREAS, effective on or about February 26, 2003, the current shares of the
Short Duration Plus Portfolio (the "Portfolio") will be redesignated as the
Short Duration Plus Class; and
WHEREAS, the Distributor and the Fund desire to amend the Distribution
Agreement to clarify that, with respect to the Portfolio, the Distribution
Agreement applies only to the Short Duration Plus Class of the Portfolio;
NOW, THEREFORE, in consideration of the premises and covenants contained
herein, the Distributor and the Fund hereby agree as follows:
In accordance with Paragraph 11 of the Distribution Agreement, with respect
to the Portfolio, the Distribution Agreement applies only to the Short Duration
Plus Class of the Portfolio.
IN WITNESS WHEREOF, each of the parties has caused this instrument to be
executed in its name and behalf by its duly authorized representative as of the
26th day of February, 2003.
XXXXXXX X. XXXXXXXXX FUND, INC.
By: /s/ Xxxxxx X. Xxxxxx, Xx.
Xxxxxx X. Xxxxxx, Xx.
Secretary
XXXXXXX X. XXXXXXXXX & CO., LLC
By: /s/ Xxxxxx X. Xxxxxxxxx
Xxxxxx X. Xxxxxxxxx
Chief Financial Officer
