FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED SECURITIES LENDING AGENCY AGREEMENT BETWEEN MASSMUTUAL SELECT FUNDS, MASSMUTUAL PREMIER FUNDS, ON BEHALF OF THEIR RESPECTIVE INDIVIDUAL SERIES LISTED ON SCHEDULE A AND STATE STREET BANK AND TRUST COMPANY
Exhibit (h)(12)
FIRST AMENDMENT TO THE
SECOND AMENDED AND RESTATED
SECURITIES LENDING AGENCY AGREEMENT
BETWEEN
MASSMUTUAL SELECT FUNDS, MASSMUTUAL PREMIER FUNDS,
MML SERIES INVESTMENT FUND, AND MML SERIES INVESTMENT FUND II
ON BEHALF OF THEIR RESPECTIVE INDIVIDUAL SERIES LISTED ON SCHEDULE A
AND
STATE STREET BANK AND TRUST COMPANY
The First Amendment (this “Amendment”) dated August 15th, 2012 is between each MASSMUTUAL SELECT FUNDS, MASSMUTUAL PREMIER FUNDS, MML SERIES INVESTMENT FUND, and MML SERIES INVESTMENT FUND II on behalf of their respective individual series listed on Schedule A, which may be amended from time to time (each a “Fund” or “Lender” hereunder) and STATE STREET BANK AND TRUST COMPANY, a trust company organized and existing under the laws of the Commonwealth of Massachusetts (the “Bank”) acting either directly or through its subsidiaries or affiliates.
Reference is made to a Second Amended and Restate Securities Lending Agency Agreement effective as of July 31, 2012, between the Funds and the Bank as in effect on the date hereof prior to giving effect to this Amendment (the “Agreement”).
WHEREAS, each Fund and the Bank desire to amend the Agreement as set forth below.
NOW THERFORE, 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 in the following respect:
| 1. | Definitions. All terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. |
| 2. | Amendment. |
| (i) | Section 1.5 (Borrower) of the Agreement is hereby amended to delete the first sentence thereof and replace it with: |
| “Borrower” shall mean any entity named on the attached schedule listing approved borrowers (the “Approved Borrowers Schedule”), including without limitation, State Street Bank and Trust Company to the extent it is listed on the Approved Borrowers Schedule.” |
| (ii) | The Approved Borrowers Schedule attached hereto shall be added to the Agreement as the Approved Borrowers Schedule. |
| 3. | Miscellaneous. Except to the extent specifically amended by this Amendment, the provisions of the Agreement shall remain unmodified and in full force and effect. This Amendment shall be construed in accordance with the laws of the Commonwealth of Massachusetts. |
| 4. | Effective Date. This First Amendment is effective as of the date first written above. |
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective corporate officers, thereunto duly authorized.
| MASSMUTUAL SELECT FUNDS |
STATE STREET BANK AND TRUST COMPANY | |||||||
| By: |
/s/ Xxxxxxxx Xxxxxxxxx |
By: |
/s/ Xxxx X. Xxxxxxxx | |||||
| Name: |
Xxxxxxxx Xxxxxxxxx |
Name: |
Xxxx X. Xxxxxxxx | |||||
| Title: |
CFO and Treasurer |
Title: |
Senior Managing Director | |||||
| MASSMUTUAL PREMIER FUNDS |
||||||||
| By: |
/s/ Xxxxxxxx Xxxxxxxxx |
|||||||
| Name: |
Xxxxxxxx Xxxxxxxxx |
|||||||
| Title: |
CFO and Treasurer |
|||||||
| MML SERIES INVESTMENT FUND |
||||||||
| By: |
/s/ Xxxxxxxx Xxxxxxxxx |
|||||||
| Name: |
Xxxxxxxx Xxxxxxxxx |
|||||||
| Title: |
CFO and Treasurer |
|||||||
| MML SERIES INVESTMENT FUND II |
||||||||
| By: |
/s/ Xxxxxxxx Xxxxxxxxx |
|||||||
| Name: |
Xxxxxxxx Xxxxxxxxx |
|||||||
| Title: |
CFO and Treasurer |
|||||||
Approved Borrowers Schedule
| Australia and New Zealand Banking Group Ltd. |
| Bank of Montreal |
| Barclays Bank Plc |
| Barclays Capital Inc. |
| BMO Capital Markets Corp. |
| BNP Paribas SA |
| BNP Paribas Prime Brokerage Inc. |
| BNP Paribas Securities Corp. |
| Canadian Imperial Bank of Commerce |
| Citigroup Global Markets Inc. |
| Commonwealth Bank of Australia |
| Cooperative Centrale Raiffeisen – Boerenleenbank BA (Rabobank Nederland) |
| Credit Agricole Corporate and Investment Bank |
| Credit Suisse Securities (USA) LLC |
| Deutsche Bank AG |
| Deutsche Bank Securities Inc. |
| Xxxxxxx Xxxxx & Co. |
| Xxxxxxx Sachs International |
| ING Bank N.V. (London Branch) |
| ING Financial Markets LLC |
| X.X. Xxxxxx Clearing Corp. |
| X.X. Xxxxxx Securities LLC |
| Macquarie Capital (USA) Inc. |
| Maple Securities U.S.A. Inc. |
| Xxxxxxx Xxxxx Xxxxxx, Xxxxxx & Xxxxx, Inc. |
| Xxxxxx Xxxxxxx & Co. International Plc |
| Xxxxxx Xxxxxxx & Co. LLC |
| MS Securities Services Inc. |
| National Australia Bank Ltd. |
| National Financial Services LLC |
| Natixis |
| Newedge USA, LLC |
| Nomura Securities International, Inc. |
| RBC Capital Markets, LLC |
| RBS Securities Inc. |
| Royal Bank of Canada |
| Royal Bank of Scotland Plc |
| Scotia Capital (USA) Inc. |
| SG Americas Securities, LLC |
| Societe Generale |
| Toronto-Dominion Bank |
| UBS AG |
| UBS Securities LLC |
| Xxxxx Fargo Bank National Association |
| Westpac Banking Corporation |
