ELEVENTH AMENDMENT AGREEMENT Amending the terms of a Foreign Custody Management Agreement
Exhibit 99.(g)(2)(ii)
Amending the terms of a Foreign Custody Management Agreement
This Amendment Agreement, made as of February 22, 2023 (“Effective Date”), is made by and between Xxxxxxx Xxxxxxx Funds, a Massachusetts business trust (the “Trust”), on behalf of each series of the Trust, and the Bank of New York Mellon, a New York banking organization (“BNY”).
WITNESSETH:
The Trust (acting on behalf of certain series of the Trust) and BNY entered into a foreign custody management agreement on September 29, 2000, as amended, (the “Foreign Custody Agreement”). Pursuant to the Foreign Custody Agreement, certain series of the Trust have appointed BNY as foreign custody manager.
In accordance with Article VI, Section 4 of the Foreign Custody Agreement, the parties now wish to amend the Foreign Custody Agreement, to reflect the removal of three Funds to the series of the Trust listed below. By executing this Amendment Agreement, the parties agree to be bound by the terms of the Foreign Custody Agreement as herein amended, as if each series of the Trust listed below was a party to the Foreign Custody Agreement, with effect from the date hereof.
NOW, THEREFORE, the parties wish to amend the Foreign Custody Agreement as follows:
| 1. | Definition of “Fund” |
The following section 7 in Article I shall be inserted into the Foreign Custody Agreement:
“Fund” shall include Xxxxxxx Xxxxxxx China A Shares Growth Fund, Xxxxxxx Xxxxxxx China Equities Fund, Xxxxxxx Xxxxxxx Developed EAFE All Cap Fund, Xxxxxxx Xxxxxxx EAFE Plus All Cap Fund, Xxxxxxx Xxxxxxx Emerging Markets Equities Fund, Xxxxxxx Xxxxxxx Emerging Markets ex China Fund Xxxxxxx Xxxxxxx Global Alpha Equities Fund, Xxxxxxx Xxxxxxx Global Stewardship Equities Fund, Xxxxxxx Xxxxxxx Health Innovation Equities Fund, Xxxxxxx Xxxxxxx International All Cap Fund, Xxxxxxx Xxxxxxx International Alpha Fund, Xxxxxxx Xxxxxxx International Concentrated Growth Equities Fund, Xxxxxxx Xxxxxxx International Growth Fund, Xxxxxxx Xxxxxxx International Smaller Companies Fund, Xxxxxxx Xxxxxxx Long Term Global Growth Fund, Xxxxxxx Xxxxxxx Multi Asset Fund, Xxxxxxx Xxxxxxx U.S. Discovery Fund and Xxxxxxx Xxxxxxx U.S. Equity Growth Fund.
| 2. | Signatures; Counterparts. The parties expressly agree that this Amendment Agreement may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of Amendment Agreement, by a manual signature on a copy of Amendment Agreement transmitted by facsimile transmission, by a manual signature on a copy of Amendment Agreement transmitted as an imaged document attached to an email, or by "Electronic Signature", which is hereby defined to mean inserting an image, representation or symbol of a signature into an electronic copy of Amendment Agreement by electronic, digital or other technological methods. Each counterpart executed in accordance with the foregoing shall be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment Agreement or of executed signature pages to counterparts of this Amendment Agreement, in either case by facsimile transmission or as an imaged document attached to an email transmission, shall constitute effective execution and delivery of this Amendment Agreement and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment Agreement. |
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment Agreement to be executed as of the Effective Date by its duly authorized representative indicated below. An authorized representative, if executing this Amendment Agreement by Electronic Signature, affirms authorization to execute this Amendment Agreement by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment Agreement and an agreement with its terms.
XXXXXXX XXXXXXX FUNDS, on behalf of each of Xxxxxxx Xxxxxxx China A Shares Growth Fund, Xxxxxxx Xxxxxxx China Equities Fund, Xxxxxxx Xxxxxxx Developed EAFE All Cap Fund, Xxxxxxx Xxxxxxx EAFE Plus All Cap Fund, Xxxxxxx Xxxxxxx Emerging Markets Equities Fund, Xxxxxxx Xxxxxxx Emerging Markets ex China Fund, Xxxxxxx Xxxxxxx Global Alpha Equities Fund, Xxxxxxx Xxxxxxx Global Stewardship Equities Fund, Xxxxxxx Xxxxxxx Health Innovation Equities Fund, Xxxxxxx Xxxxxxx International All Cap Fund, Xxxxxxx Xxxxxxx International Alpha Fund, Xxxxxxx Xxxxxxx International Concentrated Growth Equities Fund, Xxxxxxx Xxxxxxx International Growth Fund, Xxxxxxx Xxxxxxx International Smaller Companies Fund, Xxxxxxx Xxxxxxx Long Term Global Growth Fund, Xxxxxxx Xxxxxxx Multi Asset Fund, Xxxxxxx Xxxxxxx U.S. Discovery Fund and Xxxxxxx Xxxxxxx U.S. Equity Growth Fund.
| /s/ Xxxxx Xxxx |
| Name: Xxxxx Xxxx |
| Authority: Vice President, Xxxxxxx Xxxxxxx Funds |
| THE BANK OF NEW YORK MELLON | /s/ Xxxx Xxxx | |
| Name: Xxxx Xxxx | ||
| Authority: Head of EMEA Investment Manager Segment |
