Exhibit (g)(4)
NOVATION AND AMENDMENT AGREEMENT
Reference is hereby made a Custodian Agreement dated as of September 14,
2009 (the "Custodian Agreement") by and between the funds party thereto (each,
the "Fund" and collectively, the "Funds") and Xxxxx Brothers Xxxxxxxx &Co.
("BBH") as amended from time to time.
W I T N E S S E T H:
WHEREAS, pursuant to the terms and conditions of the Custodian Agreement
BBH provides certain custodial services to the Funds;
WHEREAS, AllianceBernstein Cap Fund, Inc. ("AB Capital Fund") on behalf of
its series AllianceBernstein Select US Equity Portfolio ("Select Portfolio") and
AllianceBernstein Bond Fund, Inc. ("XX Xxxx Fund") on behalf of its series
AllianceBernstein International Bond Portfolio ("Bond Portfolio"), wish to
engage BBH to provide the same custodial services under the Custodian Agreement
to the Select Portfolio and Bond Portfolio (the Select Portfolio and the Bond
Portfolio collectively referred to as the "Portfolios");
WHEREAS, AB Cap Fund and XX Xxxx Fund have requested, and BBH has agreed
to permit AB Cap Fund on behalf of the Select Portfolio and the XX Xxxx Fund on
behalf of the Bond Portfolio to become parties to the Custodian Agreement for
the purposes of the provision of BBH's custodial services to the Portfolios
pursuant to the terms of the Custodian Agreement.
NOW THEREFORE, BBH, the Funds, AB Cap Fund on behalf of the Select
Portfolio and XX Xxxx Fund on behalf of the Bond Portfolio hereby agree by
execution of this Novation and Amendment Agreement that AB Cap Fund on behalf of
the Select Portfolio and XX Xxxx Fund on behalf of the Bond Portfolio shall be
joined as parties to the Custodian Agreement, and to amend the Custodian
Agreement as follows, as of December 5, 2011:
I. AMENDMENTS TO THE CUSTODIAN AGREEMENT
1. Appendix A of the Custodian Agreement is hereby deleted and Appendix A
attached hereto is substituted therefore.
II. MISCELLANEOUS
1. As amended hereby, all terms and provisions of the Custodian Agreement are
hereby ratified and affirmed as of the date hereof and are hereby extended to
give effect to the terms hereof.
2. By signing below where indicated, the Funds, AB Cap Fund on behalf of the
Select Portfolio and XX Xxxx Fund on behalf of the Bond Portfolio each hereby
ratifies and affirms each of the representations and warranties and confirms
that each such representation and warranty remains true and correct as of the
date hereof.
3. By signing below, AB Cap Fund on behalf of the Select Portfolio and XX Xxxx
Fund on behalf of the Bond Portfolio shall be fully bound by the terms and
conditions of the Custodian Agreement, as amended, effective immediately upon
execution of this Novation and Amendment Agreement as if AB Cap Fund on behalf
of the Select Portfolio and XX Xxxx Fund on behalf of the Bond Portfolio had
been original parties thereto.
4. This Novation and Amendment Agreement shall be governed by such laws as
provided in Section 12.4 of the Custodian Agreement. This Novation and Amendment
Agreement may be executed in original counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
Novation and Amendment Agreement and together with the Agreement, shall
represent the entire understanding of the parties hereto.
Xxxxx Brothers Xxxxxxxx & Co.
By:
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Name: Xxxx X Xxxxxx
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Title: Senior Vice President
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Date: December 7, 2011
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Each Fund or Portfolio set forth on Appendix A hereto, severally and not jointly
By:
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Name:
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Title:
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Date:
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Appendix A
To the
Custodian Agreement dated as of September 14, 2009
Effective Date: December 5, 2011
AllianceBernstein High Income Fund
AllianceBernstein Global Real Estate Investment Fund
AllianceBernstein Global Growth Fund
AllianceBernstein Global High Income Fund
AllianceBernstein International Growth Fund
AllianceBernstein Unconstrained Bond Fund, Inc.
(f/k/a AllianceBernstein Diversified Yield Fund)
AllianceBernstein Greater China '97 Fund
AllianceBernstein Global Bond Fund
The Ibero-America Fund, Inc. (f/k/a The Spain Fund)
AllianceBernstein Cap Fund, Inc. on behalf of the following portfolios:
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AllianceBernstein Emerging Markets Multi-Asset Portfolio
AllianceBernstein Dynamic All Market Fund
AllianceBernstein Dynamic All Market Plus Fund
AllianceBernstein Select US Equity Portfolio
AllianceBernstein Bond Fund, Inc. on behalf of the following portfolio:
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AllianceBernstein International Bond Portfolio
