Contractual Fee Waiver Agreement Sustainable Asset Management USA, Inc.
Exhibit (d)(30)
Contractual Fee Waiver Agreement
Sustainable Asset Management USA, Inc.
000 Xxxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
March 17, 2009
Xxxxxx X. Xxxxx
President
The RBB Fund, Inc.
Bellevue Park Corporate Center
000 Xxxxxxxx Xxxxxxx
Xxxxxxxxxx, XX 00000
Re: | Sustainable Asset Management USA, Inc. Funds |
Dear Xx. Xxxxx:
By our execution of this letter agreement (the “Agreement”), intending to be legally bound hereby and effective as of the date noted above, Sustainable Asset Management USA, Inc. (“XXX”) agrees that in order to maintain the established expense ratios of the XXX Sustainable Global Active Fund and XXX Sustainable Themes Fund (the “Funds”), of The RBB Fund, Inc., XXX shall, until further notice, but in no event terminating before December 31, 2011, waive all or a portion of its investment advisory fees and/or reimburse expenses (other than brokerage commissions, extraordinary items, interest, taxes and any other items as agreed upon by both parties from time to time) in an aggregate amount equal to the amount by which the Funds’ total operating expenses for both the Institutional Class and Investor Class (other than brokerage commissions, extraordinary items, interest, taxes and any other items as agreed upon by both parties from time to time) exceeds a total operating expense ratio (other than brokerage commissions, extraordinary items, interest, taxes and any other items as agreed upon by both parties from time to time) of:
• | 1.45% of the first $50 million of the XXX Sustainable Global Active Fund Investor Class’s average daily net assets, 1.35% if the Investor Class’s average daily net assets is between $50 million, and $100 million, and 1.25% if the Investor Class’s average daily net assets exceeds $100 million; and |
• | 1.75% of the first $50 million of XXX Sustainable Themes Fund Investor Class’s average daily net assets, 1.65% if the Investor Class’s average daily net assets is between $50 million and $100 million, and 1.50% if the Investor Class’s average daily net assets exceeds $100 million; and |
• | 1.20% of the first $50 million of the XXX Sustainable Global Active Fund Institutional Class’s average daily net assets, 1.10% if the Institutional Class’s average daily net assets is between $50 million and $100 million, and 1.00% if the Institutional Class’s average daily net assets exceeds $100 million; and |
• | 1.50% of the first $50 million of XXX Sustainable Themes Fund Institutional Class’s average daily net assets, 1.40% if the Institutional Class’s average daily net assets is between $50 million and $100 million, and 1.25% if the Institutional Class’s average daily net assets exceeds $100 million. |
Except to the extent of questions arising over miscalculated fees or a good faith dispute over the excluded categories described above, XXX acknowledges that (1) it shall not be entitled to collect on or make a claim for waived fees at any time in the future, and (2) it shall not be entitled to collect on or make a claim for reimbursed Fund expenses at any time in the future.
SUSTAINABLE ASSET MANAGEMENT USA, INC. | ||||
By: | /s/ Xxxxxxx X. Xxxxxxxx III | |||
Name: | Xxxxxxx X. Xxxxxxxx III | |||
Title: | Senior Managing Director |
Your signature below acknowledges acceptance of this Agreement: |
By: | /s/ Xxxxxx X. Xxxxx | |||
Xxxxxx X. Xxxxx | ||||
President and Treasurer | ||||
The RBB Fund, Inc. |