EXHIBIT 23(h)(6)
FIRST AMENDMENT
TO THE TRANSFER AGENCY AND SERVICE AGREEMENT
DATED DECEMBER 20, 2004,
BY AND AMONG
THE DRAKE FUNDS TRUST AND
ALPS MUTUAL FUNDS SERVICES, INC.
THIS AMENDMENT is made as of October ____, 2005, by and between THE DRAKE
FUNDS TRUST, a Delaware statutory trust (the "Trust") and ALPS MUTUAL FUNDS
SERVICES INC., a corporation organized under the laws of the State of Colorado,
("ALPS").
WHEREAS, the Trust and ALPS have entered into a Transfer Agency Service
Agreement (the "Agreement") dated December 20, 2004.
WHEREAS, the Trust and ALPS wish to modify the Agreement.
NOW, THEREFORE, the parties hereto, intending to be legally bound, agree as
follows:
1. The Trust is an open-end management investment company registered
under the Investment Company Act of 1940, as amended (the "1940
Act"), presently consisting of the portfolios listed in Schedule
A attached hereto.
2. For the performance by ALPS under the Agreement, the Trust agrees
to pay ALPS the fees as set forth in the fee schedule attached
hereto as Schedule 2.1.
3. Other than as amended hereby, all terms and conditions of the
Agreement are unchanged and remain in full force and effect. This
Amendment shall be deemed to be an amendment to the Agreement and
shall be governed by the laws of the State of Colorado.
SCHEDULE A
Low Duration Fund- Drake Class and Administrative Class shares
Total Return Fund-Drake Class and Administrative Class shares
Global Bond Fund (Unhedged)- Drake Class and Administrative Class shares
SCHEDULE 2.1
FEE SCHEDULE
FEE SCHEDULE
Base Fee:
Fees are billable on a monthly basis at the rate of 1/12 of the annual fee. A
charge is made for an account in the month that an account opens.
Annual Fund Base Fee equals $______on the primary class of each Open Account Fee
is $____ annual fee per open account. Inactive Account Fee is $___ per inactive
account(1). Closed Account Fee is $___ per closed account(2).
Each additional class of shares for each Portfolio will be charged a $____
Annual Fund Base Fee plus the Open, Inactive, and Closed Account Fees as noted
above.
(1) An inactive account is an account with a zero balance that has had activity
in the last eighteen months.
(2) A closed account is an account with a zero balance that has not had
activity in the last eighteen months.
ALPS MUTUAL FUNDS SERVICES, INC. THE DRAKE FUNDS TRUST
By: By:
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Name: Name:
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Title: Title:
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IN WITNESS WHEREOF, this Amendment has been executed by a duly authorized
representative of each of the parties hereto as of the date of the Amendment
first set forth above.
THE DRAKE FUNDS TRUST
By:
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Name:
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Title:
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ALPS MUTUAL FUNDS SERVICES, INC.
By:
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Name:
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Title:
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