Exhibit (l)(xvi)
PURCHASE AGREEMENT
The Xxxxxxx Xxxxxx Family of Funds (the "Trust"), a Massachusetts business
trust, and Xxxxxxx Xxxxxx & Co., Inc. ("Schwab"), a California corporation,
hereby agree as follows:
1. The Trust hereby offers and Schwab hereby purchases 1 unit of each
class of shares of beneficial interest of the Trust representing an interest in
each of the series known as the Schwab Cash Reserves - Sweep Shares, Schwab
Advisor Cash Reserves - Sweep Shares and Schwab Advisor Cash Reserves - Premier
Sweep Shares (such units of beneficial interest being hereafter collectively
known as the "Shares") at a price of $1.00 per Share. Schwab hereby acknowledges
purchase of the Shares and the Trust hereby acknowledges receipt from Schwab of
funds in the amount of $3.00 in full payment for the Shares. It is further
agreed that no certificate for the Shares will be issued by the Trust.
2. Schwab represents and warrants to the Trust that the Shares are
being acquired for investment purposes and not with a view of the distribution
thereof.
3. The names "The Xxxxxxx Xxxxxx Family of Funds" and "Trustees of The
Xxxxxxx Xxxxxx Family of Funds" refer, respectively, to the Trust created and
the Trustees as Trustees but not individually or personally, acting from time to
time under an Agreement and Declaration of Trust dated as of October 20, 1989,
as amended and restated on May 9, 1995, to which reference is hereby made and a
copy of which is on file at the Office of the Secretary of State of the
Commonwealth of Massachusetts and elsewhere as required by law, and to any and
all amendments thereto so filed or hereafter filed. The obligations of "The
Xxxxxxx Xxxxxx Family of Funds" entered into in the name or on behalf thereof by
any of the Trustees, representatives or agents are not made individually, but
only in such capacities, and are not binding upon any of the Trustees,
Shareholders or representatives of the Trust personally, but bind only the
assets of the Trust, and all persons dealing with any series of shares of the
Trust must look solely to the assets of the Trust belonging to such series for
the enforcement of any claims against the Trust.
IN WITNESS WHEREOF, the parties hereto have executed the Agreement as of
the 8th day of July, 2004.
Attest: THE XXXXXXX XXXXXX FAMILY OF FUNDS
/s/ Xxxx Xxxxxx By: /s/ Xxxxxxx X. Xxxx
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Xxxxxxx X. Xxxx,
Senior Vice President
and Chief Investment Officer
Attest: XXXXXXX XXXXXX & CO., INC.
/s/ Xxxx Xxxxxx By: /s/ Xxxxxx X. Xxxx
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Xxxxxxx X. Xxxx,
Executive Vice President
