EXHIBIT 99.B22E(10)
ADDENDUM TO DISTRIBUTION AGREEMENT
This Addendum to Distribution Agreement (the "Addendum") is made this
8th day of November, 2005 between State Street Global Markets, LLC (the
"Distributor") and The SSgA Funds (the "Trust"). Except as otherwise provided in
this Addendum, all capitalized terms shall have the meaning ascribed thereto in
the Distribution Agreement of the SSgA Funds between the Distributor and the
Trust dated March 1, 2002 (the "Distribution Agreement").
WHEREAS, pursuant to the Distribution Agreement, the Distributor serves
as the principal underwriter and distributor of Shares of the Funds identified
on Schedule A hereto, as amended from time to time; and
WHEREAS, the Trust has established an additional class of Shares of the
Funds designated as the "Select Class Shares"; and
WHEREAS, the Trust and the Distributor desire for the Distributor to
serve as the principal underwriter and distributor of the Select Class Shares of
each Fund in accordance with the terms of the Distribution Agreement, as amended
and/or supplemented by this Addendum;
NOW, THEREFORE, the Distributor and the Trust hereby agree as follows:
Except as otherwise provided in this Addendum, (i) all terms and conditions of
the Distribution Agreement shall apply with respect to the Select Class Shares,
and (ii) the term "Shares," as used in the Distribution Agreement, shall include
the Select Class Shares.
The Distributor may enter into agreements ("Shareholder Servicing Agreements")
for the servicing and maintenance of accounts for beneficial owners of Select
Class Shares by servicing agents ("Agents") in substantially the form attached
to this Addendum as Exhibit A. Pursuant to the Addendum to Shareholder Servicing
Agreement with respect to the Select Class Shares, the Agents are not entitled
to receive any compensation from the Distributor or the Trust, , without regard
to the actual expenses incurred by such Agents in providing the services
contemplated by the Shareholder Servicing Agreements.
Notwithstanding anything to the contrary in the Distribution Agreement, for its
services as the principal underwriter and distributor of the Select Class Shares
of each Fund, the Distributor shall be entitled to receive a fee payable by the
Trust in the amount set forth in Schedule A hereto. All amounts paid or payable
to the Distributor pursuant to this Addendum shall be paid or payable as
compensation for the Distributor's services under the Distribution Agreement and
this Addendum, without regard to the actual expenses incurred by the Distributor
in connection therewith. The Distributor may waive the receipt of all or any
portion of the fee payable hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be
executed by their officers thereunto duly authorized as of the date written
above.
THE SSgA FUNDS
By:
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Xxxx X. Xxxxxxxx, President and
Chairman of the Board
STATE STREET GLOBAL MARKETS, LLC
By:
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SCHEDULE A
NAME OF FUND--SELECT CLASS SHARES FEE*
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SSgA Emerging Markets Fund .025 of 1%
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* As a percentage of the average daily net assets of the Fund represented by
Class R Shares
ADDENDUM TO SHAREHOLDER SERVICING AGREEMENT
This Addendum to Shareholder Servicing Agreement (the "Addendum") is made this
____ day of ___________, 200_____ between State Street Global Markets, LLC (the
"Distributor") and [ADD SERVICE NAME] (the "Agent"). Except as otherwise
provided in this Addendum, all capitalized terms shall have the meaning ascribed
thereto in the Shareholder Servicing Agreement between the Distributor and the
Agent dated [ADD DATE] (the "Agreement").
WHEREAS, pursuant to the Agreement, the Agent is authorized to perform
shareholder account servicing functions with respect to each portfolio series of
the
SSgA Funds identified on Schedule A hereto, as amended from time to time
(the "Schedule A Funds"); and
WHEREAS, the Agent has established an additional class of Shares of the
SSgA
Funds designated as the "Select Class Shares"; and
WHEREAS, the Agent and the Distributor desire for the Agent to perform
shareholder account functions with respect to the Select Class Shares of each
Schedule A Fund in accordance with the terms of the Agreement, as amended and/or
supplemented by this Addendum;
NOW, THEREFORE, the Distributor and the Agent hereby agree as follows:
1. Except as otherwise provided in this Addendum, (i) all terms and conditions
of the Agreement shall apply with respect to Select Class Shares, and (ii) the
term "Shares," as used in the Agreement, shall include Select Class Shares, and
the term "Fund," as used in the Agreement, shall include each Schedule A Fund.
2. Notwithstanding anything to the contrary in the Agreement, for its services
under the Agreement with respect to the Select Class Shares of each Fund, the
Agent shall not be entitled to receive any compensation from the Distributor or
the Funds.
3. The Agent represents and warrants that the performance of its services
under the Agreement and this Addendum is consistent with the Agent's obligations
to its Customers under applicable state and Federal law. The Agent further
represents and warrants that its activities conducted pursuant to the Agreement
and this Addendum either (i) do not require the Agent to register as a broker,
dealer or transfer agent under applicable law or (ii) do require registration as
a broker, dealer or transfer agent under applicable law and Agent is duly
registered as such.
4. The Agent covenants that Select Class Shares of a Fund will not be offered
or sold to any Customer unless such offer or sale has been preceded by or is
accompanied with a current prospectus with respect to such Select Class Shares.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed
by their officers thereunto duly authorized as of the date written above.
STATE STREET GLOBAL MARKETS, LLC
By:
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[ADD NAME]
By:
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SCHEDULE A
NAME OF FUND (SELECT CLASS SHARES) FEE
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SSgA Emerging Markets Fund 0%
