AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Exhibit (d-9)
AMENDMENT TO
WHEREAS, Xxxx Xxxxx Management, LLC (“Xxxxx Management”) and The Xxxxx Funds (the “Trust”) entered into an investment advisory agreement dated February 14, 2007 (as amended, supplemented and/or restated to date, the “Agreement”) to provide certain investment advisory services to the Trust and each of its series (the “Funds”); and
WHEREAS, shareholders of Xxxxx 35 Fund (the “35 Fund”), a series of the Trust, voted to change the investment advisory fee of the 35 Fund on December 18, 2020; and
WHEREAS, effective May 7, 2021, all of the assets of Xxxxx 25 Fund were transferred to Xxxxx 35 Fund in a tax free exchange of shares and Xxxxx 25 Fund was subsequently terminated; and
WHEREAS, the Trust and Xxxxx Management desire to update the fee schedules to the Agreement to reflect these changes and the launch of an additional Fund;
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties hereby amend the Agreement, effective as of November 1, 2021, as follows:
1. Schedule I of the Agreement is hereby deleted in its entirety and replaced with Schedule I as attached and incorporated by reference to this amendment.
2. Schedule III of the Agreement is hereby deleted in its entirety.
3. Except as otherwise provided herein, the terms and conditions contained in the Agreement shall remain in full force and effect. Capitalized terms herein that are not defined shall have the meanings ascribed to them in the Agreement.
IN WITNESS WHEREOF, the parties by their duly authorized officers, have caused this Amendment to be executed as of September 22, 2021.
| THE XXXXX FUNDS | XXXX XXXXX MANAGEMENT, LLC | |||||||
| By: | /s/ Xxxx Xxxxx |
By: | /s/ Xxxx Xxxxx | |||||
| Name: | Xxxx Xxxxx | Name: | Xxxx Xxxxx | |||||
| Title: | Secretary, CCO | Title: | SVP, General Counsel, CCO | |||||
SCHEDULE I
| Name of Fund | Annual Fee as Percentage of Average Daily Net Assets |
Reapproval Date | ||
| Xxxxx Capital Appreciation Fund | .81% for assets up to $2 billion; .65% for assets between $2 billion and $3 billion; .60% for assets between $3 billion and $4 billion; .55% for assets between $4 billion and $5 billion; .45% for assets in excess of $5 billion |
October 00 | ||
| Xxxxx International Focus Fund | .71% for assets up to $1 billion; .60% for assets in excess of $1 billion |
October 31 | ||
| Xxxxx Mid Cap Growth Fund | .76% for assets up to $1 billion; .70% for assets in excess of $1 billion |
October 00 | ||
| Xxxxx Xxxxxxxxxx Specialized Growth Fund | .81% for assets up to $1 billion; .75% for assets in excess of $1 billion |
October 00 | ||
| Xxxxx Small Cap Growth Fund | .81% for assets up to $1 billion; .75% for assets in excess of $1 billion |
October 00 | ||
| Xxxxx Small Cap Focus Fund | .75% | October 00 | ||
| Xxxxx Health Sciences Fund | .55% | October 00 | ||
| Xxxxx Growth & Income Fund | .50% | October 31 | ||
| Xxxxx Mid Cap Focus Fund | .70% for assets up to $250 million; .50% for assets in excess of $250 million |
October 00 | ||
| Xxxxx 35 Fund | 0.45% | October 00 | ||
| Xxxxx Xxxxxxxxxx Enduring Growth Fund | .70% for assets up to $250 million; .50% for assets in excess of $250 million |
October 31 | ||
