EXHIBIT (h)(5)
AMENDMENT
TO
FIN 48 TAX SERVICES AGREEMENT
This Amendment (the "Amendment") is made as of the 30th day of September,
2008, by and between, YieldQuest Funds Trust, a Delaware business trust (the
"Fund") and PNC Global Investment Servicing (U.S.) Inc., a Massachusetts
corporation ("PNC").
BACKGROUND:
A. The Fund and PNC (formerly, PFPC Inc.) are parties to a FIN 48 Tax Services
Agreement dated as of July 8, 2008 as amended to date (the "Agreement").
B. The Fund and PFPC desire to amend the Agreement to reflect the name change of
PNC.
C. This Background section is hereby incorporated by reference in and made a
part of this Amendment.
TERMS:
The parties hereby agree that:
1. The Agreement is hereby amended throughout by replacing references to
"PFPC Inc." with "PNC Global Investment Servicing (U.S.) Inc." and
replacing all references to "PFPC" with "PNC."
2. Miscellaneous.
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(a) Capitalized terms not defined in this Amendment have their
respective meanings as defined in the Agreement.
(b) As hereby amended and supplemented, the Agreement shall remain in
full force and effect. In the event of a conflict between the
terms hereof and the Agreement, this Amendment shall control.
(c) The Agreement, as amended hereby, together with its Exhibits and
Schedules, constitutes the complete understanding and agreement
of the parties with respect to the subject matter hereof and
supersedes all prior communications with respect thereto.
(d) 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. The facsimile
signature of any party to this
Amendment shall constitute the valid and binding execution hereof
by such party.
(e) This Amendment shall be governed by the laws of the State of
Delaware, without regard to its principles of conflicts of laws.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized officers designated below on the date and year
first above written.
YIELDQUEST FUNDS TRUST
By: /s/ Xxxxx Xxxxxxx
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Name: Xxxxx Xxxxxxx
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Title: Managing Director
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PNC GLOBAL INVESTMENT SERVICING (U.S.) INC.
By: /s/ Xxx X. Xxxxxxxx
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Name: Xxx X. Xxxxxxxx
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Title: Senior Vice President
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