SUPPLEMENT TO DISTRIBUTION CONTRACT PIMCO Funds Newport Beach, California 92660 August 12, 2008
Exhibit (e)(3)
SUPPLEMENT TO
000 Xxxxxxx Xxxxxx Xxxxx
Xxxxxxx Xxxxx, Xxxxxxxxxx 00000
August 12, 2008
Allianz Global Investors Distributors LLC
0000 Xxxxxx xx xxx Xxxxxxxx
Xxx Xxxx, XX 00000-0000
Dear Sirs:
This will confirm the agreement between the undersigned (the “Trust”) and you (the “Distributor”) as follows:
1. The Trust is an open-end investment company organized as a Massachusetts business trust and consisting of such separate investment portfolios as have been or may be established by the Trustees of the Trust from time to time. A separate series of shares of beneficial interest in the Trust is offered to investors with respect to each investment portfolio. The PIMCO Global Multi-Asset Fund and PIMCO EM Fundamental IndexPLUS TR Strategy Fund (the “Funds”) and PIMCO Long Duration Corporate Bond Portfolio (the “Portfolio”) are each a separate investment portfolio of the Trust.
2. The Trust and the Distributor have entered into an Amended and Restated Distribution Contract (the “Contract”) dated February 26, 2008, pursuant to which the Distributor has agreed to be the distributor of shares of the Trust.
3. As provided in paragraph 1 of the Contract, the Distributor hereby adopts the Contract with respect to the Funds and the Portfolio and the Distributor hereby acknowledges that the Contract shall pertain to the Funds and the Portfolio, the terms and conditions of such Contract being hereby incorporated herein by reference.
4. This Supplement and the Contract shall become effective with respect to the Funds, the Portfolio and each class thereof on August 12, 2008 and shall continue in effect for a period not to exceed one year from the effective date of this Supplement and shall continue thereafter on an annual basis with respect to the Funds, the Portfolio and each class thereof only so long as such continuance is specifically approved at least annually by (a) the Trust’s Board of Trustees or, with respect to the Funds, the Portfolio and each class thereof, by the vote of a majority of the outstanding voting securities of the Funds or the Portfolio, as applicable (as defined in the Investment Company Act of 1940, as amended (the “1940 Act”)), and each class thereof and (b) by the vote, cast in person at a meeting called for the purpose, of a majority of the Trust’s Trustees who are not parties to this Contract or “interested persons” (as defined in the 0000 Xxx) of any such party. This Contract shall terminate automatically in the event of its assignment (as defined in the 1940 Act). This Contract may, in any event, be terminated at any time without the payment of any penalty, by the Funds, the Portfolio or class thereof or the Distributor upon not more than 60 days’ and not less than 30 days’ written notice to the other party.
5. The Trust and the Distributor hereby agree to amend the Contract as of the date hereof to add the Funds and the Portfolio to Schedule A and to make other changes to Schedule A. Accordingly, the current Schedule A is replaced with the new Schedule A attached hereto.
6. The Declaration of Trust establishing the Trust, as amended and restated effective March 31, 2000, a copy of which, together with all amendments thereto (the “Declaration”), is on file in the Office of the Secretary of the Commonwealth of Massachusetts, provides that the name “PIMCO Funds” refers to the trustees under the Declaration collectively as trustees and not as individuals or personally, and that no shareholder, trustee, officer, employee or agent of the Trust shall be subject to claims against or obligations of the Trust to any extent whatsoever, but that the Trust estate only shall be liable.
If the foregoing correctly sets forth the agreement between the Trust and the Distributor, please so indicate by signing and returning to the Trust the enclosed copy hereof.
| Very truly yours, | ||
| PIMCO FUNDS | ||
| By: | /s/ Xxxxxx X. Xxxxxxxx | |
| Title: | President | |
| ACCEPTED: | ||
| ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC | ||
| By: | /s/ Xxxxx Xxxxxx | |
| Title: | Managing Director, Head of Sales | |
SCHEDULE A
Amended and Restated Distribution Contract
between PIMCO Funds and
Allianz Global Investors Distributors LLC (formerly PIMCO Advisors Distributors LLC)
February 26, 2008
As supplemented
August 12, 2008
This contract relates to the following Funds and Portfolios:
Funds:
All Asset Fund
All Asset All Authority Fund
California Intermediate Municipal Bond Fund
California Short Duration Municipal Income Fund
Commercial Mortgage Securities Fund
CommodityRealReturn Strategy Fund
Convertible Fund
Developing Local Markets Fund
Diversified Income Fund
Emerging Local Bond Fund
Emerging Markets Bond Fund
EM Fundamental IndexPLUS TR Strategy Fund
European StocksPLUS TR Strategy Fund
Extended Duration Fund
Far East (Ex-Japan) StocksPLUS TR Strategy Fund
Floating Income Fund
Foreign Bond Fund (U.S. Dollar-Hedged)
Foreign Bond Fund (Unhedged)
Fundamental Advantage Tax Efficient Strategy Fund
Fundamental Advantage Total Return Strategy Fund
Fundamental IndexPLUS Fund
Fundamental IndexPLUS TR Fund
Global Advantage Strategy Bond Fund
Global Bond Fund (Unhedged)
Global Bond Fund (U.S. Dollar-Hedged)
Global Multi-Asset Fund
GNMA Fund
High Yield Fund
High Yield Municipal Bond Fund
Income Fund
International StocksPLUS TR Strategy Fund (U.S. Dollar-Hedged)
International StocksPLUS TR Strategy Fund (Unhedged)
Investment Grade Corporate Bond Fund
Japanese StocksPLUS TR Strategy Fund
Liquid Assets Fund
Loan Obligation Fund
Long Duration Fund
Long Duration Total Return Fund
Long-Term U.S. Government Fund
Low Duration Fund
Low Duration Fund II
Low Duration Fund III
Moderate Duration Fund
Money Market Fund
Mortgage-Backed Securities Fund
Municipal Bond Fund
Real Return Fund
Real Return Asset Fund
RealEstateRealReturn Strategy Fund
RealRetirement 2010 Fund
RealRetirement 2020 Fund
RealRetirement 2030 Fund
RealRetirement 2040 Fund
RealRetirement 2050 Fund
Short Duration Municipal Income Fund
Short-Term Fund
Small Cap StocksPLUS TR Fund
StocksPLUS Fund
StocksPLUS Long Duration Fund
StocksPLUS Municipal-Backed Fund
StocksPLUS TR Short Strategy Fund
StocksPLUS Total Return Fund
Total Return Fund
Total Return Fund II
Total Return Fund III
Unconstrained Bond Fund
Portfolios:
Asset-Backed Securities Portfolio
Asset-Backed Securities Portfolio II
Emerging Markets Portfolio
Developing Local Markets Portfolio
High Yield Portfolio
International Portfolio
Investment Grade Corporate Portfolio
Long Duration Corporate Bond Portfolio
Money Market Portfolio
Mortgage Portfolio
Mortgage Portfolio II
Municipal Sector Portfolio
Opportunity Portfolio1
Real Return Portfolio
Short-Term Portfolio
Short-Term Portfolio II
U.S. Government Sector Portfolio
U.S. Government Sector Portfolio II
| 1 |
Opportunity Portfolio has not been offered to clients. |
