AMENDMENT No. 5 DATED July 17, 2012 TO THE AMENDED AND RESTATED SPECIAL SERVICING AGREEMENT DATED JANUARY 1, 2010
EXHIBIT NO. 99.(h) 12
AMENDMENT No. 5 DATED July 17, 2012
TO THE AMENDED AND RESTATED SPECIAL SERVICING AGREEMENT DATED JANUARY 1, 2010
Amendment to the Amended and Restated Special Servicing Agreement (the “Agreement”) by and among (i) MFS Series Trust X, a Massachusetts business trust, on behalf of each of its series listed in Appendix A to the Agreement; (ii) MFS Series Trust XII, a Massachusetts business trust, on behalf of each of its series listed in Appendix A to the Agreement (all series listed in Appendix A are referred to collectively as the “Top-Tier Funds”); (iii) MFS Series Trust II, a Massachusetts business trust on behalf of its series listed in Appendix B to the Agreement; (iv) MFS Series Trust III, a Massachusetts business trust, on behalf of each of its series listed in Appendix B to the Agreement; (v) MFS Series Trust IV, a Massachusetts business trust, on behalf of each of its series listed in Appendix B to the Agreement; (vi) MFS Series Trust V, a Massachusetts business trust, on behalf of each of its series listed in Appendix B to the Agreement; (vii) MFS Series Trust IX, a Massachusetts business trust, on behalf of each of its series listed in Appendix B to the Agreement; (viii) MFS Series Trust X, a Massachusetts business trust, on behalf of each of its series listed in Appendix B to the Agreement; (ix) MFS Series Trust XI, a Massachusetts business trust, on behalf of each of its series listed in Appendix B to the Agreement; and (x) MFS Series Trust XIII, a Massachusetts business trust, on behalf of its series listed in Appendix B to the Agreement (all series listed in Appendix B are referred to as the “Underlying Funds”).
WHEREAS, the parties desire to amend the Agreement by adding each of MFS Lifetime 2015 Fund, MFS Lifetime 2025 Fund, MFS Lifetime 2035 Fund, MFS Lifetime 2045 Fund, and MFS Lifetime 2055 Fund, each a series of MFS Series Trust XII, as an additional party to the Agreement as a “Top-Tier Fund”..
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and conditions set forth herein, each of the parties amends the Agreement as follows:
1. Appendix A of the Agreement is hereby deleted in its entirety and replaced with Appendix A attached hereto.
In all other respects, the terms of the Agreement remain unchanged and in full force and effect.
IN WITNESS WHEREOF, each of the parties hereto have caused this Amendment No. 5 to the Agreement to be executed as of the day and year first above written.
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MFS SERIES TRUST II |
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on behalf of its series: |
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MFS GROWTH FUND |
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MFS SERIES TRUST III |
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on behalf of its series: |
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MFS HIGH INCOME FUND |
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MFS SERIES TRUST IV |
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on behalf of its series: |
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MFS MID CAP GROWTH FUND |
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MFS SERIES TRUST V |
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on behalf of its series: |
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MFS RESEARCH FUND |
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MFS SERIES TRUST IX |
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on behalf of its series: |
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MFS INFLATION-ADJUSTED BOND FUND |
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MFS LIMITED MATURITY FUND |
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MFS SERIES TRUST X |
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on behalf of its series: |
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MFS ABSOLUTE RETURN FUND |
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MFS AGGRESSIVE GROWTH ALLOCATION FUND |
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MFS CONSERVATIVE ALLOCATION FUND |
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MFS EMERGING MARKETS EQUITY FUND |
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MFS GLOBAL BOND FUND |
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MFS GROWTH ALLOCATION FUND |
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MFS INTERNATIONAL DIVERSIFICATION FUND |
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MFS INTERNATIONAL GROWTH FUND |
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MFS MODERATE ALLOCATION FUND |
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MFS SERIES TRUST XI |
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on behalf of its series: |
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MFS MID CAP VALUE FUND |
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on behalf of its series: |
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MFS LIFETIME RETIREMENT INCOME FUND |
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MFS LIFETIME 2010 FUND |
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MFS LIFETIME 2015 FUND | |
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MFS LIFETIME 2020 FUND | |
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MFS LIFETIME 2025 FUND | |
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MFS LIFETIME 2030 FUND | |
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MFS LIFETIME 2035 FUND | |
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MFS LIFETIME 2040 FUND | |
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MFS LIFETIME 2045 FUND | |
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MFS LIFETIME 2050 FUND | |
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MFS LIFETIME 2055 FUND | |
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on behalf of its series: | |
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MFS GOVERNMENT SECURITIES FUND | |
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By: |
XXXX X. XXXXXXXX |
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Name: |
Xxxx X. Xxxxxxxx |
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Title: |
President |
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Massachusetts Financial Services Company acknowledges and agrees that it is responsible for all of its acts and omissions in performing its obligations under the Agreement. | ||
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MASSACHUSETTS FINANCIAL SERVICES | |
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COMPANY | |
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By: |
XXXXXX X. XXXXXXX |
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Name: |
Xxxxxx X. Xxxxxxx |
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Title: |
Chief Executive Officer |
As of July 17, 2012
APPENDIX A
The following Funds are parties to this Agreement, and have so indicated their intention to be bound by such Agreement as “Top-Tier Funds” by execution of the Agreement:
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MFS SERIES TRUST X |
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MFS AGGRESSIVE GROWTH ALLOCATION FUND |
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MFS CONSERVATIVE ALLOCATION FUND |
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MFS GROWTH ALLOCATION FUND |
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MFS INTERNATIONAL DIVERSIFICATION FUND |
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MFS MODERATE ALLOCATION FUND |
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MFS LIFETIME RETIREMENT INCOME FUND |
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MFS LIFETIME 2010 FUND |
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MFS LIFETIME 2015 FUND |
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MFS LIFETIME 2020 FUND |
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MFS LIFETIME 2025 FUND |
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MFS LIFETIME 2030 FUND |
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MFS LIFETIME 2035 FUND |
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MFS LIFETIME 2040 FUND |
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MFS LIFETIME 2045 FUND |
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MFS LIFETIME 2050 FUND |
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MFS LIFETIME 0000 XXXX |
XXXXXXXX X
The following Funds are parties to this Agreement, and have so indicated their intention to be bound by such Agreement as “Underlying Funds” by execution of the Agreement:
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MFS SERIES TRUST II |
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MFS GROWTH FUND |
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MFS SERIES TRUST III |
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MFS HIGH INCOME FUND |
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MFS SERIES TRUST IV |
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MFS MID CAP GROWTH FUND |
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MFS SERIES TRUST V |
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MFS RESEARCH FUND |
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MFS SERIES TRUST IX |
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MFS INFLATION-ADJUSTED BOND FUND |
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MFS LIMITED MATURITY FUND |
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MFS SERIES TRUST X |
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MFS ABSOLUTE RETURN FUND |
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MFS EMERGING MARKETS EQUITY FUND |
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MFS GLOBAL BOND FUND |
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MFS INTERNATIONAL GROWTH FUND |
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MFS SERIES TRUST XI |
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MFS MID CAP VALUE FUND |
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MFS GOVERNMENT SECURITIES FUND |
