FORM OF SUPPLEMENT TO DISTRIBUTION CONTRACT PIMCO Funds Newport Beach, California 92660 August 11, 2009
Exhibit (e)(7)
FORM OF SUPPLEMENT TO
DISTRIBUTION CONTRACT
000 Xxxxxxx Xxxxxx Xxxxx
Xxxxxxx Xxxxx, Xxxxxxxxxx 00000
August 11, 2009
Allianz Global Investors Distributors LLC
0000 Xxxxxx xx xxx Xxxxxxxx
Xxx Xxxx, XX 00000-0000
Dear Sirs:
This will confirm the agreement between the undersigned (the “Trust”) and you (the “Distributor”) as follows:
1. The Trust is an open-end investment company organized as a Massachusetts business trust and consisting of such separate investment portfolios as have been or may be established by the Trustees of the Trust from time to time. A separate series of shares of beneficial interest in the Trust is offered to investors with respect to each investment portfolio. The PIMCO Real Income 2019 Fund, the PIMCO Real Income 2029 Fund, and the PIMCO Tax Managed Real Return Fund (each a “Fund” and collectively, the “Funds”) are each a separate investment portfolio of the Trust.
2. The Trust and the Distributor have entered into an Amended and Restated Distribution Contract (the “Contract”) dated February 26, 2008 (as amended November 4, 2008), pursuant to which the Distributor has agreed to be the distributor of shares of the Trust.
3. As provided in paragraph 1 of the Contract, the Distributor hereby adopts the Contract with respect to the Funds and the Distributor hereby acknowledges that the Contract, as amended below, shall pertain to the Funds, the terms and conditions of such Contract being hereby incorporated herein by reference.
4. The Trust and the Distributor hereby agree to amend the Contract as of the date hereof to add the Funds to Schedule A and to make other changes to Schedule A. Accordingly, the current Schedule A is replaced with the new Schedule A attached hereto.
5. This Supplement and the Contract shall become effective with respect to the Funds and each class thereof on August 11, 2009 and shall continue in effect for a period not to exceed one year from the effective date of this Supplement and shall continue thereafter on an annual basis with respect to the Funds and each class thereof only so long as such continuance is specifically
approved at least annually by (a) the Trust’s Board of Trustees or, with respect to the Funds and each class thereof, by the vote of a majority of the outstanding voting securities of the Funds and each class thereof, as applicable (as defined in the Investment Company Act of 1940, as amended (the “1940 Act”)), and (b) by the vote, cast in person at a meeting called for the purpose, of a majority of the Trust’s Trustees who are not parties to this Contract or “interested persons” (as defined in the 0000 Xxx) of any such party. This Contract shall terminate automatically in the event of its assignment (as defined in the 1940 Act). This Contract may, in any event, be terminated at any time without the payment of any penalty, by the Funds and each class thereof or the Distributor upon not more than 60 days’ and not less than 30 days’ written notice to the other party.
6. The Declaration of Trust establishing the Trust, as amended and restated effective March 31, 2000, a copy of which, together with all amendments thereto (the “Declaration”), is on file in the Office of the Secretary of the Commonwealth of Massachusetts, provides that the name “PIMCO Funds” refers to the trustees under the Declaration collectively as trustees and not as individuals or personally, and that no shareholder, trustee, officer, employee or agent of the Trust shall be subject to claims against or obligations of the Trust to any extent whatsoever, but that the Trust estate only shall be liable.
If the foregoing correctly sets forth the agreement between the Trust and the Distributor, please so indicate by signing and returning to the Trust the enclosed copy hereof.
| Very truly yours, | ||
| PIMCO FUNDS | ||
| By: | ||
| Title: | Vice President | |
| ACCEPTED: | ||
| ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC | ||
| By: | ||
| Title: | Managing Director | |
SCHEDULE A
Amended and Restated Distribution Contract
between PIMCO Funds and
Allianz Global Investors Distributors LLC (formerly PIMCO Advisors Distributors LLC)
February 26, 2008
As supplemented
August 11, 2009
This contract relates to the following Funds and Portfolios:
Funds:
| All Asset Fund | Long-Term Credit Fund | |
| All Asset All Authority Fund | Long-Term U.S. Government Fund | |
| California Intermediate Municipal Bond Fund | Low Duration Fund | |
| California Short Duration Municipal Income Fund | Low Duration Fund II | |
| Commercial Mortgage Securities Fund | Low Duration Fund III | |
| CommodityRealReturn Strategy Fund | Moderate Duration Fund | |
| Convertible Fund | Money Market Fund | |
| Developing Local Markets Fund | Mortgage-Backed Securities Fund | |
| Diversified Income Fund | MuniGO Fund | |
| Emerging Local Bond Fund | Municipal Bond Fund | |
| Emerging Markets Bond Fund | Real Income 2019 Fund | |
| Emerging Markets and Infrastructure Bond Fund | Real Income 2029 Fund | |
| EM Fundamental IndexPLUS TR Strategy Fund | Real Return Fund | |
| Extended Duration Fund | Real Return Asset Fund | |
| Floating Income Fund | RealEstateRealReturn Strategy Fund | |
| Foreign Bond Fund (U.S. Dollar-Hedged) | RealRetirement 2010 Fund | |
| Foreign Bond Fund (Unhedged) | RealRetirement 2020 Fund | |
| Fundamental Advantage Total Return Strategy Fund | RealRetirement 2030 Fund | |
| Fundamental IndexPLUS Fund | RealRetirement 2040 Fund | |
| Fundamental IndexPLUS TR Fund | RealRetirement 2050 Fund | |
| Global Advantage Strategy Bond Fund | Short Duration Municipal Income Fund | |
| Global Bond Fund (Unhedged) | Short-Term Fund | |
| Global Bond Fund (U.S. Dollar-Hedged) | Small Cap StocksPLUS TR Fund | |
| Global Multi-Asset Fund | StocksPLUS Fund | |
| GNMA Fund | StocksPLUS Long Duration Fund | |
| Government Money Market Fund | StocksPLUS Municipal-Backed Fund | |
| High Yield Fund | StocksPLUS TR Short Strategy Fund | |
| High Yield Municipal Bond Fund | StocksPLUS Total Return Fund | |
| Income Fund | Tax Managed Real Return Fund | |
| International StocksPLUS TR Strategy Fund (U.S. Dollar-Hedged) |
Total Return Fund | |
| International StocksPLUS TR Strategy Fund (Unhedged) | Total Return Fund II |
| Investment Grade Corporate Bond Fund | Total Return Fund III | |
| Liquid Assets Fund | Treasury Money Market Fund | |
| Loan Obligation Fund | Unconstrained Bond Fund | |
| Long Duration Fund | Unconstrained Tax Managed Bond Fund | |
| Long Duration Total Return Fund |
Portfolios:
| Asset-Backed Securities Portfolio | Mortgage Portfolio II | |
| Asset-Backed Securities Portfolio II | Municipal Sector Portfolio | |
| Emerging Markets Portfolio | Opportunity Portfolio1 | |
| Developing Local Markets Portfolio | Real Return Portfolio | |
| High Yield Portfolio | Short-Term Floating NAV Portfolio | |
| International Portfolio | Short-Term Floating NAV Portfolio II | |
| Investment Grade Corporate Portfolio | Short-Term Portfolio | |
| Long Duration Corporate Bond Portfolio | U.S. Government Sector Portfolio | |
| Mortgage Portfolio | U.S. Government Sector Portfolio II |
| 1 | Opportunity Portfolio has not been offered to clients. |
