PERRITT FUNDS, INC. THIRD AMENDMENT TO THE CUSTODY AGREEMENT
XXXXXXX FUNDS, INC.
THIRD AMENDMENT TO THE
THIS THIRD AMENDMENT effective as of February 28, 2013, to the Custody Agreement dated as of February 1, 2009, as amended August 1, 2011 and August 1, 2012, (the "Agreement"), is entered into by and between Xxxxxxx Funds, Inc. a Maryland corporation (the "Company") and U.S. Bank National Association ("Custodian").
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, an agreement and reorganization (the “Reorganization Agreement”) between the Company and Xxxxxxx Micro Cap Opportunities Fund, Inc., was made as of February 28, 2013; and
WHEREAS, as part of the Reorganization Agreement, the Company and Xxxxxxx MicroCap Opportunities Fund, Inc. desire to add the Xxxxxxx MicroCap Opportunities Fund to the Agreement; and
WHEREAS, Article XV, Section 15.02 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree as follows:
Exhibit C of the Agreement is hereby superseded and replaced with Amended Exhibit C attached hereto.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
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XXXXXXX FUNDS, INC.
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U.S. BANK NATIONAL ASSOCIATION
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By: /s/ Xxxx X.Buh
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By: /s/ Xxxxxxx X. XxXxx
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Printed Name: Xxxx X.Buh
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Printed Name: Xxxxxxx X. XxXxx
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Title: Treasurer
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Title: Senior Vice President
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Xxxxxxx Funds, Inc. 2013
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Amended Exhibit C to the Custody Agreement – Xxxxxxx Funds, Inc.
Separate Series of Xxxxxxx Funds, Inc.
Name of Series
Xxxxxxx Ultra MicroCap Fund
Xxxxxxx MicroCap Opportunities Fund
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Xxxxxxx Funds, Inc. 2013
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