Exhibit (h)(2)(iii)
January 23, 1999
Xxxxx Xxxxxx Management Company
Xxxxx Xxxxxx Money Fund Trust
Xxxxx Xxxxxx Investment Trust
000 Xxxxx Xxxxxx Xxxxx
Xxxxxxx, Xxxxxxxx 00000
Re: Amended and Restated Trade Name and Service Xxxx
License Agreement Dated January 23, 1999
Gentlemen:
This letter is to provide the standards of minimum quality which are
required pursuant to the subject agreement. This letter is being sent to you in
duplicate with the request that you acknowledge receipt by signing and dating
one copy of the letter and returning it to us for our files.
I. A TRADENAME is the business name which identifies your service
organization; and the following requirements are to be met under the
tradename aspect of the license;
(A) EXCLUSIVITY - Only the tradename Xxxxx Xxxxxx Management
Company, Xxxxx Xxxxxx Money Fund Trust, Xxxxx Xxxxxx Investment
Trust, Xxxxx Xxxxxx Growth Fund, Xxxxx Xxxxxx Income Fund and/or
Xxxxx Xxxxxx Money Market Fund, as applicable, is to be used;
and no others. It is not permitted to abbreviate, alter or
combine this tradename with other words or phrases. For example,
it is specifically not allowed by the license to use such
phrases as "Xxxxx Xxxxxx Funds" or "Xxxxx Xxxxxx organization."
(B) DISTINCTION - The words "Xxxxx Xxxxxx" are preferably used in a
different typeface or a different color from the words "Income
Fund," "Growth Fund, etc."
(C) BUSINESS SIGNS AND CALLING CARDS - The tradename permitted in
Paragraph A hereinabove may not be used in conjunction with any
other
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January 23, 1999
company name except "Xxxxx Xxxxxx Investments L.L.C.," and no
other words may be used in larger or bolder typeface on the same
sign, at the same location, or on a calling card.
(D) PREMISES - A licensee shall maintain quarters in first class
downtown office space, the decor to be approved by licensor.
Management of the premises shall be the responsibility of
licensee.
II. A SERVICE XXXX identifies particular financial services as
originating with a specific business organization; and the following
rules must be followed:
(A) SERVICE XXXX SHOULD BE DISTINGUISHED - When it appears in
printed material, the service xxxx "Xxxxx Xxxxxx" or the
stylized "WH" is preferably distinguished from the surrounding
copy by the use of quotation marks, or capitalization either
fully or initially, by the use of italics or other
differentiating typeface, by underline, color, or artwork.
(B) SERVICE XXXX SHOULD BE USED IN ADJECTIVE SENSE - The service
xxxx should not be used as a noun or verb, as a nominative
possessive, in the plural, or as a descriptive adjective to
modify any words other than the common or generic name of the
service.
(C) UNIFORMITY - The service xxxx should never be abbreviated,
altered or combined with other words or phrases other than as
set forth in Paragraph B immediately hereinabove.
(D) NOTICE - Proper notice of federal registration shall be
uniformly employed; and until a xxxx has been federally
registered, the superscript notation "Xxxxx Xxxxxx" may be used.
Alternately a footnote reference on each separate literature
piece shall identify the xxxx, at least once by the phrase, "A
service xxxx of Xxxxx Xxxxxx Investments L.L.C."
(E) PRINTED MATTER - All office signs, promotional literature and
other printed matter which is to be distributed or displayed to
the public shall be submitted in printer's proof to licensor for
approval at least two weeks before final printing is scheduled
to commence. Licensee shall follow instructions from licensor
absolutely and without fail and with regard to correcting the
proofs.
III. The financial and management services offered by any license or sub-
licensee shall, at all times, comply with the Investment Advisers
Act of 1940, the Investment
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January 23, 1999
Company Act of 1940, and Rules and Regulations promulgated under
either of such acts, and any state security law, whenever applicable.
Sincerely,
Xxxxx Xxxxxx Investments L.L.C.
By: /s/ Xxxxxxx X. Xxxxxxx
-----------------------------
Its: Chief Executive Officer
Acknowledged:
Xxxxx Xxxxxx Management Company
By: /s/ Xxxxxx X. Xxxxxxx
----------------------------------
Its: President
Dated: January 23, 1999
Xxxxx Xxxxxx Money Fund Trust
By: /s/ Xxxxx X. Xxxxxxx
----------------------------------
Its: President
Dated: January 23, 1999
Xxxxx Xxxxxx Investment Trust for
itself and Xxxxx Xxxxxx Growth Fund
Xxxxx Xxxxxx Income Fund
Xxxxx Xxxxxx Money Market Fund
By: /s/ Xxxxxx X. Xxxxxxx
----------------------------------
Its: President
Dated: January 23, 1999
