FORM OF FIRST AMENDMENT TO THE INVESTMENT ADVISORY AGREEMENT
EX-99.28(d)(2)(a)
FORM OF FIRST AMENDMENT TO THE INVESTMENT ADVISORY AGREEMENT
THIS FIRST AMENDMENT dated as of the [ ] day of [ ], 2012, to the Investment Advisory Agreement dated as of February 1, 2010 (the “Agreement”), is entered into by and among Jacob Funds Inc., a Maryland corporation (the “Corporation”), and Jacob Asset Management of New York LLC, a New York limited liability company (the “Adviser”).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the parties desire to amend said Agreement by changing Exhibit A and Exhibit B thereof;
NOW, THEREFORE, the parties agree as follows:
Exhibit A and Exhibit B of the Agreement are hereby superseded and replaced with Amended Exhibit A and Exhibit B attached hereto to reflect the addition of one series of the Corporation.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
By: ___________________
Name: Xxxx X. Xxxxx
Title: President and CEO
JACOB ASSET MANAGEMENT OF NEW YORK LLC
By: ___________________
Name: Xxxx X. Xxxxx
Title: Chairman and CEO
Exhibit A to Investment Advisory Agreement dated February 1, 2010,
between Jacob Asset Management of New York LLC and Jacob Funds Inc.
Series Name
|
Effective Date
|
Renewal Deadline
|
Jacob Small Cap Growth Fund
Xxxxx Xxxxxx Fund
Xxxxx Micro Cap Growth Fund
|
February 1, 2010
February 18, 2010
[date of reorganization]
|
November 26*
November 26**
[November 26]
|
Amended on October 14, 2011:
* The advisory agreement for the Jacob Small Cap Growth Fund was originally effective for a two-year term ending on January 31, 2012. At the October 14, 2011 quarterly board meeting, the board amended the term so that it was renewed for a period from November 27, 2011 through November 26, 2012. Thereafter, the annual renewal deadline will be November 26 each calendar year.
** The advisory agreement for the Xxxxx Xxxxxx Fund was originally effective for a two-year term ending on February 17, 2012. At the October 14, 2011 quarterly board meeting, the board amended the term so that it was renewed for a period from November 27, 2011 through November 26, 2012. Thereafter, the annual renewal deadline will be November 26 each calendar year.
Amended on [date of reorganization]:
To include Jacob Micro Cap Growth Fund
Exhibit B to Investment Advisory Agreement dated February 1, 2010,
between Jacob Asset Management of New York LLC and Jacob Funds Inc.
Fund
|
Advisory Fee
|
Jacob Small Cap Growth Fund
|
0.90% of annual average daily net assets
|
Xxxxx Xxxxxx Fund
|
0.50% of annual average daily net assets up to $500 Million
0.40% of annual average daily net assets over $500 Million
|
Jacob Micro Cap Growth Fund
|
1.20% of annual average daily net assets
|
Amended on [date of reorganization] to include Jacob Micro Cap Growth Fund.