JOINDER AND FIFTEENTH AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT BETWEEN EACH OF DIAMOND HILL FUNDS, ON BEHALF OF ITS SERIES AS LISTED ON SCHEDULE B, DIAMOND HILL SECURITIZED CREDIT FUND, AND STATE STREET BANK AND TRUST COMPANY
JOINDER AND FIFTEENTH AMENDMENT TO
BETWEEN
EACH OF
DIAMOND HILL FUNDS, ON BEHALF OF ITS SERIES AS LISTED ON SCHEDULE B,
DIAMOND HILL SECURITIZED CREDIT FUND,
AND
STATE STREET BANK AND TRUST COMPANY
This Joinder and Fifteenth Amendment (this “Amendment”) dated as of August 21, 2024 is between each of Diamond Hill Funds, on behalf of its series as listed on Schedule B, severally and not jointly, Diamond Hill Securitized Credit Fund (each, a “Fund” and collectively, the “Funds”), and State Street Bank and Trust Company, acting either directly or through any affiliates or subsidiaries (collectively, “State Street”).
Reference is made to the Securities Lending Authorization Agreement dated as of March 1, 2014, as amended to date, between the Diamond Hill Funds, on behalf of its series as listed on Schedule B thereto, and State Street (the “Agreement”).
WHEREAS, the parties to the Agreement desire to amend the Agreement as set forth below;
NOW, THEREFORE, for value received, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree to amend the Agreement as follows:
1. Definitions. All capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.
2. Joinder of DIAMOND HILL SECURITIZED CREDIT FUND.
a.DIAMOND HILL SECURITIZED CREDIT FUND, a registered closed-end management investment company, organized and existing as a Delaware Statutory Trust under the laws of Delaware, agrees that, upon the execution of this Amendment, it shall become a party to the Agreement and shall be fully bound by, and subject to, all of the covenants, terms and conditions of the Agreement as though it were an original signatory thereto, and shall be deemed to be a “Trust” for all purposes thereof, and shall also be deemed to be a “Fund” thereunder for all purposes.
3. Amendments.
a.The preamble to the Agreement is hereby amended such that any reference in the Agreement to the “Trust” shall mean a reference to DIAMOND HILL FUNDS or DIAMOND HILL SECURITIZED CREDIT FUND, as applicable.
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b.The preamble to the Agreement is hereby further amended such that any reference in the Agreement to a “Fund” or “Funds” shall include the DIAMOND HILL SECURITIZED CREDIT FUND.
c.Schedule B (Funds) to the Agreement is hereby amended by deleting it in its entirety and replacing it with the revised Schedule B attached to this Amendment.
4. Representations and Warranties. Each party hereto represents and warrants that (a) it has the legal right, power and authority to execute and deliver this Amendment, to enter into the transactions contemplated hereby, and to perform its obligations hereunder; (b) it has taken all necessary action to authorize such execution, delivery, and performance; (c) this Amendment constitutes a legal, valid, and binding obligation enforceable against it; and (d) the execution, delivery, and performance by it of this Amendment will at all times comply with all applicable laws and regulations. DIAMOND HILL SECURITIZED CREDIT FUND represents and warrants it has taken all necessary action to join the Agreement and that the Agreement, as amended hereby, is a legal, valid and binding Agreement enforceable per its terms, and further makes each representation and warranty made by both a Trust and a Fund in the Agreement.
5. Miscellaneous. Except to the extent specifically amended by this Amendment, the provisions of the Agreement shall remain unmodified, and the Agreement is ratified and affirmed as being in full force and effect. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but such counterparts, together, constitute only one (1) instrument.
6. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts.
7. Effective Date. This Amendment shall be effective as of the date first written above.
IN WITNESS WHEREOF, the parties hereto execute this Fifteenth Amendment as an instrument under seal by their duly authorized officers by affixing their signatures below.
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DIAMOND HILL FUNDS, on behalf of its series as listed on Schedule B, severally and not jointly By: /s/Xxxxxx X. Line Name: Xxxxxx X. Line Title: President | XXXXXXX XXXX SECURITIZED CREDIT FUND By: Xx Xxx Xxxxxx Name: Xx Xxx Xxxxxx Title: President STATE STREET BANK AND TRUST COMPANY By: /s/Xxxxx X. Xxx Name: Xxxxx X. Xxx Title: Managing Director | |||||||
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Schedule B
This Schedule is attached to and made part of the Securities Lending Authorization Agreement dated March 1, 2014 between DIAMOND HILL FUNDS, ON BEHALF OF ITS SERIES AS LISTED ON SCHEDULE B, SEVERALLY AND NOT JOINTLY, DIAMOND HILL SECURITIZED CREDIT FUND (each a “Fund” and collectively, the “Funds”), and STATE STREET BANK AND TRUST COMPANY, acting either directly or through any affiliates or subsidiaries (collectively, “State Street”), as amended.
Fund Name | Taxpayer Identification Number | Tax Year-End | ||||||
DIAMOND HILLS FUNDS | ||||||||
Diamond Hill Small Cap Fund | 00-0000000 | 31-Dec | ||||||
Diamond Hill Small-Mid Cap Fund | 00-0000000 | 31-Dec | ||||||
Diamond Hill Mid Cap Fund | 00-0000000 | 31-Dec | ||||||
Diamond Hill Large Cap Fund | 00-0000000 | 31-Dec | ||||||
Diamond Hill Select Fund | 00-0000000 | 31-Dec | ||||||
Diamond Hill Long-Short Fund | 00-0000000 | 31-Dec | ||||||
Diamond Hill Short Duration Securitized Bond Fund | 00-0000000 | 31-Dec | ||||||
Diamond Hill Core Bond Fund | 00-0000000 | 31-Dec | ||||||
Diamond Hill International Fund | 00-0000000 | 31-Dec | ||||||
Diamond Hill Large Cap Concentrated Fund | 00-0000000 | 31-Dec | ||||||
Diamond Hill Core Plus Bond Fund | 00-0000000 | 31-Dec | ||||||
DIAMOND HILL SECURITIZED CREDIT FUND | ||||||||
Diamond Hill Securitized Credit Fund | 00-2838444 | 31-Dec |
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