Exhibit h(v) under Form N-1A
Exhibit (10) under Item 601/Reg. S-K
Amendment #4 to
Agreement for Fund Accounting Services
and Administrative Services
between
Federated Services Company
and
Hibernia Funds
This Amendment (the "Amendment") to the Agreement for Fund Accounting
Services and Administrative Services ("Agreement") between the Hibernia Funds
("Investment Company"), on behalf of the portfolios (individually referred to
as a "Fund" and collectively as the "Funds") of the Investment Company,
listed on Exhibit 1 thereto and Federated Services Company ("Company") is
made and entered into as of the 19th day of October, 2004. Terms used as
defined terms herein, which are not otherwise defined herein, shall have the
meanings ascribed thereto in the Agreement.
WHEREAS, the Investment Company has entered into the Agreement with the
Company; and
WHEREAS, Investment Company and Company wish to amend the Agreement on
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the premises and mutual covenants
herein contained, and intending to be legally bound hereby, the parties
hereto agree as follows:
1. Amendments to Section ONE of the Agreement. Section ONE of the
Agreement is hereby amended by adding the following additional
sub-Section I to the end of the provisions of Article 2 thereof:
I. Prepare (i) two quarterly portfolio listings for each Fund per
year for inclusion in the Investment Company Form N-Q filing
with the Securities and Exchange Commission; and (ii) a
tabular or graphic presentation of the portfolio holdings and
enhanced expense disclosure example, for each Fund, as
mutually agreed upon by the Investment Company and the Company
for inclusion in the Investment Company's shareholder reports.
Company shall receive from the Investment Company such
additional compensation for services provided pursuant to the
foregoing sub-section I of Article 2 of Section ONE as may be
agreed to from time to time in a written fee schedule approved
by the parties. As of the date of this Amendment, such
additional compensation shall be in the annual amount of
$4,000 per Fund.
2. Amendments to Section TWO of the Agreement. Section TWO of the
Agreement is hereby amended as follows:
(a) By adding the following additional sub-Section K to the end of
the provisions of Article 5 thereof:
(K) perform the following "blue sky" services, either itself or
through one or more affiliated or unaffiliated service
providers: (1) provide a system to monitor the total number of
Shares of the Investment Company (and/or Class) sold in each
State, (2) monitor the total number of Shares of such Investment
Company (and/or Class) sold in each State and, where appropriate,
increase the number of Shares registered in such State, (3) with
respect to shareholders of the Investment Company whose
shareholdings are fully-disclosed on the transfer agent's
recordkeeping system, (a) identify those transactions and assets
to be treated as exempt from blue sky reporting for each State
and (ii) verify the classification of transactions for each State
on the transfer agent's recordkeeping system, and (4) with
respect to shareholders of the Investment Company whose
shareholdings are not fully-disclosed on the transfer agent's
recordkeeping system, rely upon information provided by the
relevant financial intermediary transacting for such holder of
Shares in performing the obligations set forth in subsection
(K)(2) above.
(b) By adding the following additional sub-Section L to the end of
the provisions of Article 5 thereof
(L) the Funds authorize and instruct Company, to perform the
following services either itself, or through its affiliate,
Federated Shareholder Services Company; (i) select and perform
due diligence regarding proposed new owners of omnibus accounts
as proposed recordkeeping agents for the Funds, (ii) enter into
agreements as agent for the Funds, or any of them, substantially
in the form of Attachment 1 to this Amendment, with the
registered owners of omnibus accounts for the provision of
services necessary for the recordkeeping or sub-accounting of
share positions held in underlying sub-accounts ("Recordkeeping
Agreements"), together with such changes thereto as may be agreed
to by Company so long as such changes do not (a) increase the
fees payable by the Funds under the Recordkeeping Agreements, (b)
alter the indemnity obligations of the Funds owing to or from the
Funds thereunder or (c) otherwise materially alter the
obligations of the Funds under the Recordkeeping Agreements,
(iii) agree, on behalf of the Funds, to make payments for
services rendered under Recordkeeping Agreements out of the
assets of the Funds in amounts not to exceed the amounts
determined from time to time by the Board of the Funds, and (iv)
give instructions to the transfer agent of the Funds (the
"Transfer Agent"), for and on behalf of the Funds as "Proper
Instructions" of the Funds under and pursuant to the Agreement
for Transfer Agency Services, to perform the services of Company
and/or the Funds under each such Recordkeeping Agreement,
excepting only the indemnity obligations owing from the Funds or
Company thereunder
3. No Other Amendments. Except as expressly amended hereby, the Agreement
shall continue in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed in their names and on their behalf by and through their duly
authorized officers, as of the day and year first above written.
HIBERNIA FUNDS
(listed on Exhibit 1 of the Agreement)
By:/s/ Xxxxxxx X. Xxxxxxxxx
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Name: Xxxxxxx X. Xxxxxxxxx
Title: Vice President
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FEDERATED SERVICES COMPANY
By: /s/ Xxxxxxx X. Xxxxx, Xx.
-------------------------------------
Name: Xxxxxxx X. Xxxxx, Xx.
Title: Vice President
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