AMENDMENT TO THE MUTUAL FUND CUSTODY AGREEMENT
AMENDMENT TO THE MUTUAL FUND CUSTODY AGREEMENT
THIS AMENDMENT dated this 5th day of October, 2006 to the Mutual Fund Custody Agreement dated as of February 26, 2002, as amended (the “Custody Agreement”), by and between Old Mutual Advisor Funds II (formerly PBHG Funds), a Delaware business trust and Wachovia Bank, National Association (“Wachovia”) (formerly First Union National Bank), shall be as follows:
WHEREAS, Old Mutual Advisor Funds II and Wachovia have previously entered into a Custody Agreement and Old Mutual Advisor Funds II established and/or has an interest in the custodian account and custodial relationship with Wachovia Bank; and
WHEREAS, effective December 30, 2005, Wachovia Corporation sold its institutional custody services business, including the custodial account and custodial relationship referenced above, to U.S. Bank National Association (“U.S. Bank”); and
WHEREAS, the parties desire to amend the said Custody Agreement to reflect the change in Custodian; and
WHEREAS, Paragraph 31 of the Custody Agreement allows for its amendment by mutual agreement of the parties; and
WHEREAS, Paragraph 32 of the Custody Agreement allows for the appointment of a successor custodian by the board of trustees of Old Mutual Advisor Funds II.
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NOW, THEREFORE, the parties agree as follows: |
U.S. Bank is a national bank authorized to accept and execute custody arrangements under the authority granted to it by the United States Department of the Treasury, Office of the Comptroller of the Currency. U.S. Bank does hereby: (i) confirm it is qualified to establish and maintain the custodial account and custodial relationship and act as custodian under the Custody Agreement; (ii) confirm the assignment and its acceptance of the powers, rights, functions, duties and interests as successor to Wachovia under the Custody Agreement; (iii) represent that it is eligible, and satisfies all applicable requirements and qualifications to become successor, and (iv) agree to perform each of such duties and obligations of the custodial relationship, all as provided in the Custody Agreement and subject to the provisions currently set forth therein.
Effective October 5, 2006, all references to Wachovia Bank, N.A. in the Custody Agreement shall be replaced with U.S. Bank, N.A.
Effective October 5, 2006, Schedule C to the Custody Agreement shall be replaced with the Schedule C attached hereto.
Except to the extent supplemented hereby, the Custody Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
OLD MUTUAL CAPITAL, INC. |
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U.S. BANK, N.A. | ||
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By: |
/s/ Xxxx Xxxxx |
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By: |
/s/ Xxxxxxx X. XxXxx |
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Name: |
Xxxx Xxxxx |
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Name: |
Xxxxxxx X. XxXxx |
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Title: |
Chief Financial Officer |
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Title: |
Vice President |
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SCHEDULE C
TO THE CUSTODY AGREEMENT BETWEEN
AND U.S. BANK DATED FEBRUARY 28, 2002
AS AMENDED OCTOBER 5, 2006
Funds of the Trust:
Old Mutual Analytic U.S. Long/Short Fund |
Old Mutual Barrow Hanley Value Fund |
Old Mutual Columbus Circle Technology and Communications Fund |
Old Mutual Emerging Growth Fund |
Old Mutual Focused Fund |
Old Mutual Growth Fund |
Old Mutual Xxxxxxx REIT Fund |
Old Mutual Large Cap Fund |
Old Mutual Large Cap Growth Fund |
Old Mutual Large Cap Growth Concentrated Fund |
Old Mutual Mid-Cap Fund |
Old Mutual Select Growth Fund |
Old Mutual Small Cap Fund |
Old Mutual Strategic Small Company Fund |
Old Mutual TS&W Small Cap Value Fund |
Old Mutual Cash Reserves Fund |
Old Mutual Xxxxxx Intermediate Fixed Income Fund |
Old Mutual Xxxxxx Xxxxx Term Fixed Income Fund |