EXHIBIT 99.(h)(9)
SECOND AMENDMENT
TO FUND ACCOUNTING AND SERVICES AGREEMENT
DATED SEPTEMBER 4, 2001,
BY AND AMONG
ACCESSOR FUNDS, INC.,
ACCESSOR CAPITAL MANAGEMENT LP AND
ALPS MUTUAL FUNDS SERVICES, INC.
THIS AMENDMENT is made as of September 29, 2003, by and between Accessor
Funds, Inc., a corporation established under the laws of the State of Maryland
(the "Fund"), Accessor Capital Management LP, a Washington limited partnership
("Accessor"), and ALPS Mutual Funds Services, Inc., a Colorado corporation
("ALPS").
WHEREAS, the Fund, Accessor and ALPS have entered into a Fund Accounting
and Services Agreement (the "Agreement") dated September 4, 2001 and a First
Amendment dated December 30, 2002; and
WHEREAS, effective September 29, 2003, an additional class of shares for
each Portfolio of the Fund was created; and
WHEREAS, in light of the foregoing, the Fund, Accessor, and ALPS wish to
modify the provisions of the Agreement to reflect ALPS' new address and the
additional class of shares for each Portfolio, and the resulting increase of the
fee paid to ALPS.
NOW, THEREFORE, the parties hereto, intending to be legally bound, agree as
follows:
1. APPENDIX A. Appendix A of the Agreement shall be replaced with
Appendix A, attached hereto and incorporated herein by reference.
2. MISCELLANEOUS. 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.
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.
ACCESSOR FUNDS, INC.
By:
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Name: Xxxxxxxx X. Xxx
Title: Vice President
ALPS MUTUAL FUNDS SERVICES, Inc.
By:
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Name: Xxxxxx X. May
Title: Senior Vice President
ACCESSOR CAPITAL MANAGEMENT LP
By: Accessor Capital Corporation
Its Managing General Partner
By:
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Name: Xxxxxxxxx X. Xxxxxxxxx
Title: Vice President
APPENDIX A
ACCESSOR FUNDS
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Actively Managed Funds
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Growth Fund Investor, Adviser and A and C Classes
Value Fund Investor, Adviser and A and C Classes
Small to Mid Cap Fund Investor, Adviser and A and C Classes
International Equity Fund Investor, Adviser and A and C Classes
High Yield Fund Investor, Adviser and A and C Classes
Intermediate Fixed-Income Fund Investor, Adviser and A and C Classes
Short-Intermediate Fixed-Income Fund Investor, Adviser and A and C Classes
Mortgage Securities Fund Investor, Adviser and A and C Classes
U.S. Government Money Fund Investor, Adviser and A and C Classes
Allocation Funds
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Accessor Income Allocation Fund Investor, Adviser and A and C Classes
Accessor Income & Growth Allocation Fund Investor, Adviser and A and C
Classes Accessor Balanced Allocation Fund Investor, Adviser and A and C
Classes Accessor Growth & Income Allocation Fund Investor, Adviser and
A and C Classes Accessor Growth Allocation Fund Investor, Adviser and A
and C Classes Accessor Aggressive Growth Allocation Fund Investor,
Adviser and A and C Classes