AMENDMENT TO CUSTODIAN CONTRACT
This Amendment to the Custodian Contract is made as of August 6, 2003, by
and between Artisan Funds, Inc. (the "Fund") and State Street Bank and Trust
Company (the "Custodian"). Capitalized terms used in this Amendment without
definition shall have the respective meanings given to such terms in the
Custodian Contract referred to below.
WHEREAS, the Fund and the Custodian entered into a Custodian Contract
dated as of March 7, 1995 (as amended and in effect from time to time, the
"Contract"); and
WHEREAS, the Fund and the Custodian desire to amend certain provisions of
the Contract to reflect revisions to Rule 17f-4 ("Rule 17f-4") promulgated under
the Investment Company Act of 1940, as amended (the "1940 Act).
NOW THEREFORE, in consideration of the foregoing and the mutual covenants
and agreements hereinafter contained, the parties hereby amend the Contract,
pursuant to the terms thereof as follows:
I. Article 2.10 is hereby deleted and replaced with the text below:
2.10 Deposit of Fund Assets in U.S. Securities System.
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The Custodian may deposit and/or maintain securities owned by a Portfolio
in a U.S. Securities System in compliance with the conditions of Rule 17f-4 of
the 1940 Act, as amended from time to time.
II. Article 11 is hereby amended by adding the following sentence at the
end of that Article:
The Custodian shall also provide the Fund, on behalf of each of the
Portfolios, promptly upon request of the Fund, such reports as are available
concerning the internal accounting controls and financial strength of the
Custodian.
III. Article 14 is hereby deleted and replaced with the text below:
14. Effective Period, Termination and Amendment.
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This Contract shall become effective as of its execution, shall continue
in full force and effect until terminated as hereinafter provided, may be
amended at any time by mutual agreement of the parties hereto and may be
terminated by either party by an instrument in writing delivered or mailed,
postage paid to the other party, such termination to take effect not sooner than
thirty (30) days after the date of such delivery or mailing; provided, however,
that the Fund shall not amend or terminate this Contract in contravention of any
applicable federal or state regulations, or any provision of the Articles of
Incorporation, and further provided, that the Fund on behalf of one or more of
the Portfolios may at any time by action of its Board of Directors (i)
substitute another bank or trust company for the Custodian by giving notice as
described above to the Custodian, or (ii) immediately terminate this Contract in
the event of the
appointment of a conservator or receiver for the Custodian by the Comptroller of
the Currency or upon the happening of a like event at the direction of an
appropriate regulatory agency or court of competent jurisdiction.
Upon termination of the Contract, the Fund on behalf of each applicable
Portfolio shall pay to the Custodian such compensation as may be due as of the
date of such termination and shall likewise reimburse the Custodian for its
costs, expenses and disbursements.
IV. Except as specifically superseded or modified herein, the terms and
provisions of the Contract shall continue to apply with full force and effect.
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be
executed in its name and behalf by its duly authorized representative as of the
date first above written.
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STATE STREET BANK AND TRUST COMPANY
Witnessed:
By: /s/ Xxxxxx X. Xxxxxx
By: /s/ Xxxx X. Xxxx ------------------------
--------------------------- Xxxxxx X. Xxxxxx
Xxxx X. Xxxx, Counsel Executive Vice President
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Witnessed: ARTISAN FUNDS
By: /s/ Xxxxx X. Xxxxxxx By: /s/ Xxxxx X. Xxxxx
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Name: Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxx
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Title: Assistant Secretary Title: General Counsel
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