Exhibit 99B(5)(a)(i)
AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
This amendment, dated as of the 12th day of March, 1997 made by and between
---- -----------
THE XXXXXXX PLAN (the "Trust"), a Delaware business trust operating as a
registered investment company under the Investment Company Act of 1940, as
amended, duly organized and existing under the laws of the State of Delaware and
XXXXXXX PARTNERS, LTD. (the "Investment Advisor"), a Florida limited
partnership and registered investment advisor under the Investment Advisers Act
of 1940, as amended (collectively, the "Parties").
WITNESSETH:
WHEREAS, the Trust and Investment Advisor have entered into an agreement
dated January 19, 1994 (the "Investment Advisory Agreement"), wherein the
Investment Advisor has agreed to serve as an advisor and provide investment
management services; and
WHEREAS, the Parties wish to amend the Investment Advisory Agreement to add
language to paragraph 1 of page 1 to read as follows:
"As the Investment Adviser is structured as a partnership, shareholders of
the Trust will be notified (as required by Section 205 of the Investment
Advisers Act of 1940, as amended) of any significant ownership changes in
the Investment Advisor within ten (10) days of any such change in such
ownership."
NOW THEREFORE, in consideration of the premises and mutual covenants
contained herein, the Parties hereto, intending to be legally bound, do hereby
agree:
1. To amend the Investment Advisory Agreement to add a new paragraph 1 of
page 1 as set forth above.
2. This amendment's effective date shall be September 1, 1994.
IN WITNESS WHEREOF, the Parties hereto have caused this amendment
consisting of one type written page, to be signed by their duly authorized
officers and their corporate seals hereunto duly affixed as of the day and year
first above written.
THE XXXXXXX PLAN XXXXXXX PARTNERS, LTD.
BY COVENANT FUNDS, INC.
MANAGING GENERAL PARTNER
/s/ Xxxxxx X. Ally /s/ Xxxxxx X. Ally
--------------------------------------- ---------------------------------
By: Xxxxxx X. Ally, Chairman By: Xxxxxx X. Ally, President
/s/Xxxxxx X. Xxxxxxxxxx /s/ Xxxxxx Ally
--------------------------------------- ---------------------------------
Attest: Xxxxxx X. Xxxxxxxxxx, Secretary Attest: Xxxxxx Ally, Secretary
