Amendment to Amended and Restated Securities Lending Agreement Between Nuveen Investment Funds, Inc.
Amendment to Amended and Restated Securities Lending Agreement
Between
U.S. Bank National Association and
Nuveen Investment Funds, Inc.
THIS AMENDMENT is made as of January 1, 2014, by and between U.S. Bank National Association (the “Bank”) and Nuveen Investment Funds, Inc. (formerly known as First American Investment Funds, Inc.) (“NIF”).
WHEREAS, the Bank and NIF have entered into an Amended and Restated Securities Lending Agreement dated as of February 17, 2010, as amended as of December 30, 2010 and January 1, 2012 (the “Agreement”), pursuant to which the Bank engages in securities lending as agent for certain series of NIF (each series a separate “Customer”) with respect to certain securities owned by each Customer.
WHEREAS, the Bank and NIF wish to amend the Agreement to revise the fee payable thereunder, effective January 1, 2014.
NOW THEREFORE, the Bank and NIF, intending to be legally bound, agree as follows:
Exhibit B to the Agreement, as most recently amended in the Amendment to Amended and Restated Securities Lending Agreement between U.S. Bank National Association and Nuveen Investment Funds, Inc. dated as of January 1, 2012, is hereby replaced in its entirety with the following:
Exhibit B
Securities Lending Fee
NIF shall pay to the Bank, on behalf of the Customers, a fixed annual fee, payable monthly, for administering the securities lending program for such Customers. Such fee shall be calculated as follows:
| 1. | Effective January 1, 2014, the annual fee shall be $708,995, which is equal to (a) the expense of operating the Bank’s securities lending program during the calendar year ended December 31, 2012, as presented to the board of directors of the First American Funds as part of its 2013 contract renewal process, multiplied by (b) the Customers’ proportionate share of the securities lending transaction activity of all of the Bank’s securities lending clients during the 11 months ended November 30, 2013. |
| 2. | 1/12th of the annual fee will be charged to the Customers each month, with such monthly charge being allocated among the Customers in proportion to their respective earnings from securities lending during such month, provided, however, that such Customer’s fee for such month will be reduced, if necessary, so that the sum of (a) that portion of the administration fee (.02% |
| per annum) earned by U.S. Bancorp Asset Management, Inc. (“USBAM”) from Prime Portfolio during such month that is allocable to such Customer, plus (b) the monthly fee paid by such Customer to the Bank under this Agreement, does not exceed 20% of the sum of (i) the Customer’s Net Income for such month plus (ii) that portion of the administration fee earned by USBAM from Prime Portfolio during such month that is allocable to such Customer. |
| 3. | The monthly fee for each Customer shall be calculated and retained by the Bank out of such Customer’s Net Income for such month, provided, however, that if the fee is not so retained, NIF, on behalf of such Customer, shall pay such fee upon request from the Bank. |
| 4. | In connection with the potential renegotiation of the annual fee pursuant to Section 8(a) of the Agreement, the Bank shall provide to NIF at the end of each calendar year (a “Current Calendar Year”) (a) the expense of operating the Bank’s securities lending program during the preceding calendar year, as presented to the board of directors of the First American Funds as part of its contract renewal process during such Current Calendar Year, and (b) the Customers’ proportionate share of the securities lending transaction activity of all of the Bank’s securities lending clients during such Current Calendar Year. |
Except to the extent specifically amended by this Amendment, the provisions of the Agreement shall remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment as of the date first above written by their duly authorized officers.
| NUVEEN INVESTMENT FUNDS, INC. | ||
| By: | /s/ Xxxxxxxx X. Xxxxxxxxx | |
| Name: | Xxxxxxxx X. Xxxxxxxxx | |
| Title: | Vice President | |
| U.S. BANK NATIONAL ASSOCIATION | ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: | Xxxxxxx X. Xxxxxxx | |
| Title: | Head of Securities Lending | |
