SEVENTH AMENDMENT TO BUILDERS FIXED INCOME FUND, INC. DISTRIBUTION COORDINATION AGREEMENT
SEVENTH
AMENDMENT TO
BUILDERS
FIXED INCOME FUND, INC.
This
Seventh Amendment to the Distribution Coordination Agreement
(“Amendment”) is
effective as of January 1, 2006 by and between Builders Fixed Income Fund,
Inc.,
a Maryland corporation (the “Fund”), and Capital Mortgage Management, Inc., a
Delaware corporation (the “Distribution Coordinator”).
WHEREAS,
the Fund and the Distribution Coordinator entered into a Distribution
Coordination Agreement effective as of November 1, 1999, as subsequently amended
(as amended, the “Agreement”) and they desire to amend the Agreement as provided
herein;
NOW
THEREFORE, in consideration of the mutual covenants and promises set forth
herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree as follows:
1.
Amendment.
The
first
sentence of Section 4 is hereby replaced in its entirety with the following:
The
Manager, as Distribution Coordinator, hereby agrees to waive its distribution
fees and/or reimburse expenses so that total operating expenses of the Fund,
excluding interest, taxes, brokerage fees and commissions, and extraordinary
expenses (including but not limited to legal claims and liabilities and
litigation costs and any indemnification related thereto), do not exceed 0.60%
of the Fund’s average daily net assets during the fiscal year ending December
31, 2006.
2.
Ratification
and Confirmation of Agreement. Except
as
specifically set forth herein, the Agreement is hereby ratified and confirmed
in
all respects and shall remain in full force and effect.
3.
Counterparts.
This
Amendment may be executed in counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same
instrument.
4.
Defined
Terms. Any
capitalized word not otherwise defined in this Amendment shall have the meaning
given to such word in the Agreement.
5.
Modification
and Governing Law. This
Amendment may not be modified except by a writing signed by authorized
representatives of the parties to this Amendment. This Amendment shall be
governed by and construed and interpreted in accordance with the laws of the
State of Missouri. -
IN
WITNESS WHEREOF, the parties have executed this Amendment effective as of the
date first above written.
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BUILDERS
FIXED INCOME FUND, INC.
/s/
Xxxx. X. Xxxxxxx
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CAPITAL
MORTGAGE MANAGEMENT, INC.
/s/
Xxxx X. Xxxxxxx
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By:
Xxxx X. Xxxxxxx
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By:
Xxxx X. Xxxxxxx
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Title:
President and Chairman
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Title:
President and Chairman
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