To Agency Agreement between Lord Abbett Family of Funds and DST Systems, Inc.
EX-99.(k)(2)
AMENDMENT
To
between
Lord Xxxxxx Family of Funds
and
DST Systems, Inc.
This amendment (the “Amendment”), effective as of December 5, 2018 (the “Amendment Effective Date”), is by and between Lord Xxxxxx Family of Funds (“Lord Xxxxxx”) and DST Systems, Inc. (“DST”). Lord Xxxxxx and DST entered into that Agency Agreement dated as of January 1, 2017 (the “Agreement”).
WHEREAS, the parties intend to include additional products under Schedule I.
NOW, THEREFORE, the parties agree as follows:
1. Notwithstanding the definition of “Fund” in the Agreement, the additional product (the “Interval Fund”) identified below is a “Fund” under the Agreement and such Fund shall receive the Services provided by DST under the Agreement, except as otherwise required as applicable to an interval fund, in accordance with the Fees detailed on Exhibit A1 to this Amendment:
Fund/Description | Class | CUSIP |
Lord Xxxxxx Credit Opportunities Fund |
I |
00000X000
|
2. | The following language is added as a new sub-section (h) in Section 1.12 of Schedule B: |
“(h) additionally, with respect to each Interval Fund, provide the following additional interval fund services:
(1) creation of mailing list upon request of an Authorized Person at the Fund for share repurchase notifications to all securityholders within the Interval Fund on the requested date as instructed; and
(2) manage share repurchase program, including: (a) receipt and processing of transactions submitted as specified in the Interval Fund prospectus or as otherwise instructed by an Authorized Person, including any repurchase fee processing; (b) communicating and tallying the total shares requested for repurchase; (c) if applicable, applying the proration percentage as provided by an Authorized Person at the Fund to each transaction within a repurchase event; and (d) supporting and maintaining the DTCC Alternative Investment Platform (AIP) on behalf of the Fund. These functions may be updated as mutually agreed upon by DST and the Fund in writing.”
3. In connection with the appointment of DST as Transfer Agent and Dividend Disbursing Agent for the Interval Fund, the Interval Fund shall provide DST with a copy of the Fund’s current registration statement on Form N-2, as amended, filed with the SEC. The Interval Fund represents to DST that it a closed-end management investment company registered under the Investment Company Act of 1940, as amended.
4. The Fees detailed on Exhibit A1 attached hereto are hereby adopted and added to Agreement as a new Exhibit E.1 “TRANSFER AGENCY – ADDITIONAL PRODUCTS – INTERVAL FUNDS” and Lord Xxxxxx will pay such fees in accordance with Section 16 of the Agreement.
5. In the event of a conflict between the provisions of the Agreement and this Amendment, the terms of this Amendment shall prevail.
6. Subject to the specific modifications made herein, all terms and conditions of the Agreement shall remain in full force and effect.
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.
DST SYSTEMS, INC. | LORD XXXXXX FAMILY OF FUNDS |
By: /s/ Xxxxx Xxxxxx | By: /s/ Xxxxxxxx X. Xxxxxxx |
Name: Xxxxx Xxxxxx | Name: Xxxxxxxx X. Xxxxxxx |
Title: Authorized Representative | Title: Vice President and Assistant Secretary |