AMENDMENT TO ADMINISTRATION AGREEMENT
Exhibit (h)(xxiv)
AMENDMENT TO ADMINISTRATION AGREEMENT
AMENDMENT AGREEMENT, effective as of August 1, 2007, by and among XXXXXXX XXXXX FUNDS, a business trust organized under the laws of the State of Delaware (the “Fund”) and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (“State Street”).
WHEREAS the Fund and Investors Bank & Trust Company entered into an Administration Agreement dated November 1, 2004, as amended from time to time (the “Administration Agreement”);
WHEREAS, effective July 2, 2007, Investors Financial Services Corp., parent of Investors Bank & Trust Company, was acquired by and merged into State Street Corporation. In this transaction, Investors Bank & Trust Company merged into State Street, a wholly-owned subsidiary of State Street Corporation; and
WHEREAS, the Fund and State Street desire to amend the Administration Agreement as set forth below.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein set forth, the parties hereto agree as follows:
1. | Amendment. |
(a) Section 7(a) of the Administration Agreement is hereby amended by deleting such Section 16.1 in its entirety and by inserting in lieu thereof, the following:
“This Agreement shall remain in effect until July 31, 2010 (the “Initial Term”), unless earlier terminated as provided herein. After the expiration of the Initial Term, the term of this Agreement shall continue until terminated by either party upon one-hundred-twenty (120) days prior written notice to the other party.
Either party hereto may terminate this Agreement prior to the expiration of the Initial Term in the event the other party violates any material provision of this Agreement, provided that the non-violating party gives written notice of such violation to the violating party and the violating party does not cure such violation within 90 days of receipt of such notice.”
(b) Appendix A of the Administration Agreement is hereby amended by deleting such Appendix A in its entirety and inserting in lieu thereof the attached Appendix A.
(c) Notice to the Fund provided under Section 8(a) shall be sent to:
To the Fund:
Xxxxxxx Xxxxx Funds
000 Xxxx Xxxxx Xxxxxx
Xxxxxxx, XX 00000
Attn: President
To State Street:
State Street Corporation
000 Xxxxxxxxx Xxxxxx
Xxxxxx, XX 00000
Attn: Xxx XxXxxxx
2. | Miscellaneous. |
(a) Except as amended hereby, the Administration Agreement shall remain in full force and effect.
(b) This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, each party hereto has caused this Amendment to be executed by its duly authorized officer, as the case may be, as of the date and year first above written.
STATE STREET BANK AND TRUST COMPANY | ||
By: | /s/ Xxxxxxx X. Xxxxxx | |
Name: | Xxxxxxx X. Xxxxxx | |
Title: | Executive Vice President |
XXXXXXX XXXXX FUNDS | ||
By: | /s/ Xxxxxxx X. Xxxxx | |
Name: | Xxxxxxx X. Xxxxx | |
Title: | Chief Compliance Officer |
Appendix A
Xxxxxxx Xxxxx Funds
• | Xxxxxxx Xxxxx Growth Fund |
• | Xxxxxxx Xxxxx Ready Reserves Fund |
• | Xxxxxxx Xxxxx Income Fund |
• | Xxxxxxx Xxxxx International Growth Fund |
• | Xxxxxxx Xxxxx Value Discovery Fund |
• | Xxxxxxx Xxxxx Tax-Managed Growth Fund |
• | Xxxxxxx Xxxxx Large Cap Growth Fund |
• | Xxxxxxx Xxxxx Small Cap Growth Fund |
• | Xxxxxxx Xxxxx Institutional International Growth Fund |
• | Xxxxxxx Xxxxx Small-Mid Cap Growth Fund |
• | Xxxxxxx Xxxxx International Equity Fund |
• | Xxxxxxx Xxxxx Institutional International Equity Fund |
• | Xxxxxxx Xxxxx Mid Cap Growth Fund |
• | Xxxxxxx Xxxxx International Small Cap Growth Fund |
• | Xxxxxxx Xxxxx Emerging Markets Growth Fund |
• | Xxxxxxx Xxxxx Bond Fund |