April 18, 2005 Ms. Evelyn Dilsaver President and Chief Executive Officer Charles Schwab Investment Management, Inc. 101 Montgomery Street San Francisco, CA 94104 Re: Amendment to Schedule B Dear Ms. Dilsaver:
Exhibit (d)(xxi)
April 18, 2005
Xx. Xxxxxx Xxxxxxxx
President and Chief Executive Officer
Xxxxxxx Xxxxxx Investment Management, Inc.
000 Xxxxxxxxxx Xxxxxx
Xxx Xxxxxxxxx, XX 00000
President and Chief Executive Officer
Xxxxxxx Xxxxxx Investment Management, Inc.
000 Xxxxxxxxxx Xxxxxx
Xxx Xxxxxxxxx, XX 00000
Re: Amendment to Schedule B
Dear Xx. Xxxxxxxx:
This letter agreement serves to amend Schedule B (“Schedule B”) to our investment
sub-advisory agreement, dated January 31, 2002, as amended on March 26, 2003 and December 2,
2004, (the “Agreement”).
Amended Schedule B continues to provide Xxxxxxx Xxxxxx with a “most favored nations” clause
with respect to mutual funds that have substantially the same investment policies and objectives.
The new language clarifies, however, that Xxxxxxx Xxxxx, like most investment advisers, applies a
different fee schedule for different investment advisory products/services (e.g. institutional
investment advisory accounts, wrap fee programs, etc.). Xxxxxxx Xxxxx believes the revised
language more clearly reflects the original intent of the parties. Amended Schedule B shall
replace the existing Schedule B.
The Agreement otherwise remains unchanged and shall continue in full force and effect.
In the space provided below, please acknowledge your agreement to the foregoing.
Very truly yours, | ||||||
Xxxxxxx Xxxxx & Company, L.L.C. | ||||||
By: Name: |
/s/ Xxxx XxXxxxxxxx
|
|||||
Title: | Director of Client Services |
ACKNOWLEDGED AND AGREED TO: | ||||
Xxxxxxx Xxxxxx Investment Management, Inc. | ||||
By: Name: |
/s/ Xxxxxx Xxxxxxxx
|
|||
Title:
|
President and Chief Executive Officer |
AMENDED SCHEDULE B
TO THE
INVESTMENT SUB-ADVISORY AGREEMENT
BETWEEN
XXXXXXX XXXXXX INVESTMENT MANAGEMENT, INC.
AND
XXXXXXX XXXXX & COMPANY, L.L.C.
TO THE
INVESTMENT SUB-ADVISORY AGREEMENT
BETWEEN
XXXXXXX XXXXXX INVESTMENT MANAGEMENT, INC.
AND
XXXXXXX XXXXX & COMPANY, L.L.C.
FEES
Fees will be accrued each day by applying to the Net Asset Value of the Managed Assets at the end
of that day, the daily rate, using a 365-day year, equivalent to the applicable fee percentage set
forth below (“Company Percentage”). Sub-Adviser represents and warrants that the Company
Percentage now is and in the future will be equal to or less than the applicable fee percentage
payable to Sub-Adviser under any other advisory or sub-advisory agreement for comparable investment
advisory services to mutual funds that have substantially the same investment policies and
objectives (each a “Third Party Percentage”). If at any times, the Company Percentage is greater
than any Third Party Percentage, the Company Percentage will be reduced to the lowest Third Party
Percentage, including with respect to any advisory or sub-advisory agreement amended or entered
into by Sub-Adviser after the effective date of this Schedule. Fees will be paid within 30 days
following the end of each calendar quarter.
COMPANY PERCENTAGE
60 Basis points on all Managed Assets
Effective Date of this Schedule B: April 22, 2005