AMENDMENT TO CUSTODIAN AGREEMENT
Exhibit 99.(j)(3)
AMENDMENT TO CUSTODIAN AGREEMENT
This Amendment to Custodian Agreement is made as of May 16, 2001 by and among each of the investment companies listed and described on Exhibit I hereto (each, a “Fund” and sometimes collectively referred to as the “Funds”) and STATE STREET BANK AND TRUST COMPANY (the “Custodian”).
WHEREAS, certain Funds and the Custodian entered into a Custodian Agreement dated as of October 20, 2000 (as amended, modified or supplemented and in effect from time to time including, without limitation, pursuant to that certain Amendment to Custodian Agreement dated as of April 26, 2001 among the parties listed on Exhibit I thereto, the “Contract”);
WHEREAS, other Funds, not previously party to the Contract (the “New Funds”), desire to employ the Custodian as custodian therefor and the Custodian is willing to accept such appointment and render services to the New Funds under the terms of the Contract; and
WHEREAS, the Funds and the Custodian desire to amend the Contract to (a) reflect the addition of certain Funds as parties thereto and (b) modify certain terms thereof.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants and agreements hereinafter contained, the parties hereby agree to amend the Contract, pursuant to the terms thereof, as follows.
I. Capitalized terms used in this Amendment without definition shall have the respective meanings given to such terms in the Contract.
II. Exhibit Ito the Contract is hereby deleted in its entirety and replaced by new Exhibit I, a copy of which is attached as Exhibit I hereto.
III. Each Fund listed on Exhibit I hereto hereby represents and warrants to the Custodian that (a) it is duly incorporated or organized and is validly existing in good standing in its jurisdiction of incorporation or organization; (b) it has the requisite power and authority under applicable law and its respective governing documents to enter into and perform the Contract; (c) all requisite proceedings have been taken to authorize it to enter into and perform the Contract; (d) the Contract constitutes its legal, valid, binding and enforceable agreement; and (e) its entrance into the Contract shall not cause a material breach or be in material conflict with any other agreement or obligation of the Fund or any law or regulation applicable to it.
IV. The Contract is hereby amended by adding new Section 21A thereto as follows:
21A. Additional Investment Companies
In the event that any investment company in addition to those listed on Exhibit I hereto desires to have the Custodian render services as custodian under the terms hereof, it shall so notify the Custodian in writing, and if the Custodian agrees in writing to provide such services, such investment company shall become a
Fund hereunder and be bound by all terms and conditions and provisions hereof including, without limitation, the representations and warranties set forth in Section III of that certain Amendment to Custodian Agreement dated as of May 16, 2001.
V. Effective June 1, 2001, Schedule F to the Contract shall be deleted in its entirety and replaced by new Schedule F, a copy of which is attached as Schedule F hereto.
VI. Except as specifically amended hereby, all terms and provisions of the Contract shall continue to apply with full force and effect.
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be executed in its name and behalf by its duly authorized representative as of the date first above written.
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WITNESS: |
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STATE STREET BANK AND TRUST | ||
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COMPANY | ||
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/s/ Xxxxxxxxx X. Poster |
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Xxxxxxxxx X. Poster |
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By: |
/s/ Xxxxxx X. Xxxxxx | |
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Vice President |
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Xxxxxx X. Xxxxxx, Executive Vice President | |
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WITNESS: |
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EACH INVESTMENT COMPANY SET FORTH ON EXHIBIT 1 HERETO | ||
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/s/ Xxxxxxx Xxxxxxxx |
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Xxxxxxx Xxxxxxxx |
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By: |
/s/ Xxxxxxx Xxxxxxxxx | |
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Assistant Secretary |
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Xxxxxxx Xxxxxxxxx | |
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Treasurer and Chief Financial Officer | |
EXHIBIT I
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FUND NAME(1) |
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FORM OF ORGANIZATION | ||
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Credit Suisse Institutional Fund, Inc. |
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Maryland corporation | ||
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Cash Reserve Portfolio |
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Emerging Markets Portfolio |
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International Equity Portfolio |
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Major Foreign Markets Portfolio |
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Small Company Growth Portfolio |
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Value Portfolio |
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Warburg Pincus Post-Venture Capital Portfolio |
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Global Telecommunications Portfolio |
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Credit Suisse Institutional High Yield Fund, Inc. |
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Maryland corporation | ||
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Credit Suisse Institutional International Growth Fund, Inc. |
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Maryland corporation | ||
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Credit Suisse Institutional U.S Core Equity Fund, Inc. |
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Maryland corporation | ||
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Credit Suisse Institutional U.S. Core Fixed Income Fund, Inc. |
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Maryland corporation | ||
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Credit Suisse Warburg Pincus Aggressive Growth Fund |
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Maryland corporation | ||
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Credit Suisse Warburg Pincus Balanced Fund, Inc. |
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Maryland corporation | ||
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Credit Suisse Warburg Pincus Capital Funds |
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Massachusetts business trust | ||
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Credit Suisse Warburg Pincus Blue Chip Fund |
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Credit Suisse Warburg Pincus Small Company Value Fund |
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Credit Suisse Warburg Pincus Value Fund |
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Credit Suisse Warburg Pincus Cash Reserve Fund, Inc. |
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Maryland corporation | ||
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Credit Suisse Warburg Pincus Capital Appreciation Fund |
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Massachusetts business trust | ||
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Credit Suisse Warburg Pincus Emerging Growth Fund, Inc. |
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Maryland corporation | ||
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Credit Suisse Warburg Pincus Emerging Markets Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus European Equity Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Fixed Income Fund |
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Massachusetts business trust |
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Credit Suisse Warburg Pincus Focus Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus Global Financial Services Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus Global Fixed Income Fund Growth Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus Global Health Sciences Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus Global New Technologies Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus Global Post-Venture Capital Fund |
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Maryland corporation |
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Credit Suisse Warburg Pincus Global Telecommunications Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus Intermediate Maturity Government Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus International Equity Fund |
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Maryland corporation |
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Credit Suisse Warburg Pincus International Small Company Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus Japan Growth Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus Japan Small Company Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus Major Foreign Markets Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus Municipal Bond Fund, Inc. |
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Maryland corporation |
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Credit Suisse Warburg Pincus New York Intermediate Municipal Fund |
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Massachusetts business trust | ||
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Credit Suisse Warburg Pincus New York Tax Exempt Fund |
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Maryland corporation | ||
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Credit Suisse Warburg Pincus Opportunity Funds |
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Delaware business trust | ||
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Credit Suisse Warburg Pincus High Income Fund |
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Credit Suisse Warburg Pincus International Equity II Fund |
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Credit Suisse Warburg Pincus Municipal Money Fund |
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Credit Suisse Warburg Pincus U.S. Government Money Fund |
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Credit Suisse Warburg Pincus Select Funds |
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Delaware business trust | ||
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Credit Suisse Warburg Pincus Technology Fund |
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Credit Suisse Warburg Pincus Small Company Growth Fund, Inc. |
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Maryland corporation | ||
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Credit Suisse Warburg Pincus Trust |
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Massachusetts business trust | ||
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Emerging Growth Portfolio |
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International Equity Portfolio |
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Global Post-Venture Capital Portfolio |
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Small Company Growth Portfolio |
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Value Portfolio |
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Emerging Markets Portfolio |
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Global Telecommunications Portfolio |
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Credit Suisse Warburg Pincus Trust II |
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Massachusetts business trust | ||
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Fixed Income Portfolio |
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Credit Suisse Warburg Pincus Value II Fund, Inc. |
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Maryland corporation | ||
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Credit Suisse Warburg Pincus Worldperks Money Market Fund, Inc. |
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Maryland corporation | ||
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Credit Suisse Warburg Pincus Worldperks Tax Free Money Market Fund, Inc. |
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Maryland corporation | ||
