THE JAMES ADVANTAGE FUNDS SECOND AMENDMENT TO THE CUSTODY AGREEMENT
Exhibit (g)(iii)
THIS SECOND AMENDMENT dated as of the 5th day of May, 2011, to the Custody Agreement, dated as of July 28, 2009, as amended June 22, 2010 (the “Agreement”), is entered into by and between The Xxxxx Advantage Funds, an Ohio trust (the “Trust”) and U.S. Bank, N.A., a national banking association (the “Custodian”).
RECITALS
WHEREAS, the parties have entered into the Custody Agreement; and
WHEREAS, the Trust intends to create an additional fund; and
WHEREAS, the Trust and the Custodian desire to extend said Agreement to apply to the new fund; and
WHEREAS, Article XV, Section 15.02 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree as follows:
Amended Exhibit C of the Agreement is hereby superseded and replaced with Amended Exhibit C attached hereto.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
THE XXXXX ADVANTAGE FUNDS
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U.S. BANK, N.A.
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By:
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/s/ Xxxxxx X. Xxxxxx
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By:
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/s/ Xxxxxxx X. XxXxx
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Printed Name:
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Xxxxxx X. Xxxxxx
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Printed Name:
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Xxxxxxx X. XxXxx
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Title:
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Vice President and CFO
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Title:
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Vice President
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Amended Exhibit C
to the
Custody Agreement of The Xxxxx Advantage Funds
Separate Series at May 5, 2011
Name of Series
Golden Rainbow Fund
Xxxxx Xxxxx Cap Fund
Xxxxx Market Neutral Fund -liquidating on or before June 30, 2011
Xxxxx Mid Cap Fund
Xxxxx Micro Cap Fund
Xxxxx Xxxx-Short Fund- on or after May 23, 2011