Expense Limitation Agreement — Amendment dated July 1, 2009
AMENDMENT TO THE
EXPENSE LIMITATION AGREEMENT
EXPENSE LIMITATION AGREEMENT
THIS
AMENDMENT is made as of July 1, 2009 to the Expense Limitation Agreement dated as of
March 1, 2005, as amended and restated as of November 3, 2005, between Transamerica Asset
Management, Inc. (“TAM”) and Transamerica Funds (the “Company”) on behalf of each of its series set
forth in the amended Schedules A and B dated March 1, 2009 (the “Agreement”). In consideration of
the mutual covenants contained herein, the parties agree as follows:
1. | Name Change of the Trust: Any reference to Transamerica IDEX Mutual Funds will now be revised to mean Transamerica Funds, effective March 1, 2008. | ||
2. | Transamerica Money Market. Effective as of December 24, 2008, the Agreement is hereby revised by adding Section 5 as follows: |
5. Voluntary Expense Limitation and Reimbursement.
5.1.
Notwithstanding any other provision of this Agreement, the Investment
Manager (or its affiliates) may
voluntarily waive fees and/or reimburse expenses of one or more classes of Transamerica
Money Market (the “Money Market Fund”) to such level(s) as the Company’s officers may
reasonably determine. Any such waiver or expense reimbursement may be discontinued by the
Investment Manager at any time. The Investment Manager shall be entitled to recapture any
amounts so waived or reimbursed upon the Money Market Fund attaining such yield as the
Company’s officers reasonably determine.
5.2 Once the Money Market Fund has maintained a daily positive yield for a reasonable
amount of time, as determined by the Investment Manager, the Investment Manager shall be
entitled to reimbursement by the Money Market Fund of the fees waived
and/or expenses reimbursed by the Investment Manager or any of its affiliates to the Money Market
Fund pursuant to Section 5.1 of the Agreement during any of the previous thirty-six (36)
months beginning with the effective date of this Amendment. Any such
reimbursement shall not result in the Money Market Fund’s
effective daily yield to be negative.
3. | Schedule A and Schedule B. Schedule A and Schedule B of the Agreement are hereby revised as attached. |
In all other respects, the Expense Limitation Agreement dated as of March 1, 2005, as amended
and restated as of November 3, 2005, is confirmed and remains in full force and effect. The
parties hereto have caused this amendment to be executed as of July 1, 2009.
TRANSAMERICA ASSET MANAGEMENT, INC. | ||||||
By: | /s/ Xxxxxx X. Xxxxxxxxx
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Name: | Xxxxxx X. Xxxxxxxxx | |||||
Title: | Senior Vice President, General Counsel and Secretary | |||||
TRANSAMERICA FUNDS | ||||||
By: | /s/ Xxxxxxxxxxx X. Xxxxxxx
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Name: | Xxxxxxxxxxx X. Xxxxxxx | |||||
Title: | Vice President and Chief Investment Officer |