ADDENDUM NO. 1 TO SELECTED DEALER AGREEMENT
Exhibit 99.(e)(3)
ADDENDUM NO. 1 TO
SELECTED DEALER AGREEMENT
THIS ADDENDUM, dated as of July 13, 2007, is entered into by and between Xxxxxx Xxxxxxx & Co. Incorporated (“Dealer”) and Xxxxxx Xxxxxxx Distributors Inc. (“Distributor”). This Addendum supplements the Selected Dealer Agreement currently in effect between the parties (the “Agreement”). Capitalized terms used, but not defined, herein shall have the same meanings as ascribed to them in the Agreement.
WITNESSETH:
WHEREAS, the Agreement, dated as of April 1, 2005, was originally entered into by and between Xxxxxx Xxxxxxx XX Inc. (“MSDW Inc.”) and Distributor;
WHEREAS, on April 1, 2007, Dealer assumed all rights, powers, duties, responsibilities and obligations of MSDW Inc. under the Agreement following the merger of MSDW Inc. into Dealer;
WHEREAS, Distributor serves as the principal underwriter/distributor of the Xxxxxx Xxxxxxx group of retail open-end management investment companies, including any series or classes thereof (each, a “Fund,” and, collectively, the “Funds”);
WHEREAS, pursuant to the Agreement, Dealer participates in the distribution of shares of the Funds to its clients (“Clients”);
WHEREAS, the parties now desire that Dealer offer Class A shares of certain Funds, identified on Schedule A attached hereto (the “Eligible Funds”), through one or more fee-based advisory accounts that it makes available to Clients (the “Accounts”); and
WHEREAS, Dealer has requested that Distributor waive the minimum amounts required for initial and subsequent purchase payments for purchases made through the Accounts.
NOW, THEREFORE, the parties hereby agree to supplement the Agreement as follows:
1. Distributor agrees that Dealer may offer Class A shares of the Eligible Funds to Clients who purchase shares of the Eligible Funds through an Account, and that such purchases shall be eligible to be made at net asset value under the terms of each Eligible Fund’s current prospectus.
2. Distributor agrees that the minimum amounts disclosed in the prospectus for initial and subsequent purchases of Class A shares of the Eligible Funds will not apply to purchases by Clients through one or more of the Accounts. Dealer acknowledges and agrees that Distributor may choose at any time, upon sixty (60) days’ prior written notice to Dealer, in accordance with Section 23 of the Agreement, to stop waiving minimum amounts for Client purchases through the Accounts.
3. Except as expressly supplemented, amended or consented to hereby, all other provisions of the Agreement shall remain in full force and effect without change.
4. This Addendum shall be effective as of July 13, 2007.
5. This Addendum may be executed in one or more counterparts, each of which will be an original and all of which, taken together, will be deemed one and the same document.
IN WITNESS WHEREOF, each of the parties has caused this Addendum to be executed by their duly authorized officer.
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XXXXXX XXXXXXX & CO. INCORPORATED |
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By: |
/s/ Xxxxxxx XxXxxxx |
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Name: Xxxxxxx XxXxxxx |
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Title: Managing Director |
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Date: 7/11/07 |
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XXXXXX XXXXXXX DISTRIBUTORS INC. |
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By: |
/s/ Xxxxxxx X. Xxxxx |
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Name: Xxxxxxx X. Xxxxx |
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Title: President and Chief Executive Officer |
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Date: 7/21/07 |
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SCHEDULE A
LIST OF ELIGIBLE FUNDS
(as of July 13, 2007)
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Fund Name |
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Class |
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Symbol |
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CUSIP # |
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Xxxxxx Xxxxxxx Capital Opportunities Trust |
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A |
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XXXXX |
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00000X000 |
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Xxxxxx Xxxxxxx Equally-Weighted S&P 500 Fund |
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A |
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VADAX |
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616957106 |
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Xxxxxx Xxxxxxx European Equity Fund |
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A |
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EUGAX |
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616939104 |
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Xxxxxx Xxxxxxx Global Advantage Fund |
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A |
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GADAX |
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00000X000 |
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Xxxxxx Xxxxxxx Natural Resource Development Securities |
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A |
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NREAX |
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616950101 |
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Xxxxxx Xxxxxxx Small-Mid Special Value Fund |
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A |
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JBJAX |
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00000X000 |
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Xxxxxx Xxxxxxx Strategist Fund |
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A |
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SRTAX |
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616955100 |
