AGREEMENT AMONG JOINT INSUREDS
This Agreement, dated as of January 1, 2010, is hereby entered into by and among The Xxxxxxx Funds, Inc., The Xxxxxxx Group, Inc., Xxxxxxx Asset Management, LLC, Xxxxxxx & Company, LLC, Xxxxxxx Investment Management L.L.C. and Xxxxxxx & Company, LLC 401(k) Plan.
WITNESSETH:
WHEREAS, The Xxxxxxx Funds, Inc. is a registered investment company required to be covered by a fidelity bond pursuant to Rule 17g-l of the Investment Company Act of 1940 (the "Act"); and
WHEREAS, The Xxxxxxx Funds, Inc., Xxxxxxx Growth Fund, Xxxxxxx Aggressive Growth Fund, Xxxxxxx Small Cap Growth Fund, The Xxxxxxx Group, Inc., Xxxxxxx Asset Management, LLC, Xxxxxxx & Company, LLC, Xxxxxxx Investment Management L.L.C. and Xxxxxxx & Company, LLC 401(k) Plan are each named as a joint insured in a joint insured bond (the "Bond"); and
WHEREAS, Xxxxxxx Growth Fund, Xxxxxxx Aggressive Growth Fund and Xxxxxxx Small Cap Growth Fund are each a portfolio of The Xxxxxxx Funds, Inc.; and
WHEREAS, The Xxxxxxx Funds, Inc. is required under Rule 17g-l(f) of the Act to enter into an agreement among joint insured with the covered entities of such Bond;
NOW THEREFORE, the covered parties, The Xxxxxxx Funds, Inc., The Xxxxxxx Group, Inc., Xxxxxxx Asset Management, LLC, Xxxxxxx & Company, LLC, Xxxxxxx Investment Management L.L.C. and Xxxxxxx & Company, LLC 401(k) Plan, hereby agree that in the event recovery is received under the Bond as a result of a loss sustained by The Xxxxxxx Funds, Inc. and one or more other named insureds, The Xxxxxxx Funds, Inc. shall receive an amount at least equal to the amount which The Xxxxxxx Funds, Inc. would have received had it provided and maintained a single insured bond with the minimum coverage required under the Act.
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IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written.
THE XXXXXXX FUNDS, INC.
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By:
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/s/ Xxxx X. Xxxxxxxx
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Name: Xxxx X. Xxxxxxxx
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Title: Secretary and Treasurer
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THE XXXXXXX GROUP, INC.
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By:
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/s/ Xxxx X. Xxxxxxxx
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Name: Xxxx X. Xxxxxxxx
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Title: Chief Financial Officer
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XXXXXXX ASSET
MANAGEMENT, LLC
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By:
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/s/ Xxxx X. Xxxxxxxx
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Name: Xxxx X. Xxxxxxxx
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Title: Chief Financial Officer
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XXXXXXX & COMPANY, LLC
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By:
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/s/ Xxxx X. Xxxxxxxx
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Name: Xxxx X. Xxxxxxxx
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Title: Chief Financial Officer
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XXXXXXX INVESTMENT
MANAGEMENT L.L.C.
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By:
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/s/ Xxxx X. Xxxxxxxx
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Name: Xxxx X. Xxxxxxxx
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Title: Chief Financial Officer
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XXXXXXX & COMPANY, LLC
401(k) PLAN
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By:
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/s/ Xxxxxx X. Xxxxxx
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Name: Xxxxxx X. Xxxxxx
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Title: Fiduciary
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