AMENDMENT TO SERVICE AGREEMENT
EXHIBIT (2)(k)(1)(c)
AMENDMENT TO SERVICE AGREEMENT
AMENDMENT made as of this 24th day of June, 2021 to each of the agreements listed in Appendix A (each an “Agreement”). In consideration of the mutual covenants contained herein, the parties agree as follows:
1. | Each Agreement is amended to add the following provision: |
In connection with its provision of the Services, Xxxx Xxxxxxx Investment Management LLC (formerly, Xxxx Xxxxxxx Advisers, LLC) may delegate to one or more companies that Xxxx Xxxxxxx Investment Management LLC (“Xxxx Xxxxxxx”) controls, is controlled by, or is under common control with, or to specified employees of any such companies, some of Xxxx Xxxxxxx’x duties under this Agreement, provided in each case that (i) Xxxx Xxxxxxx will supervise the activities of each such entity and employees thereof, (ii) such delegation will not relieve Xxxx Xxxxxxx of any of its duties or obligations under this Agreement, and (iii) any such arrangements are entered into in accordance with all applicable requirements of the Investment Company Act of 1940 and U.S. Securities and Exchange Commission guidance thereunder. Notwithstanding the foregoing, Xxxx Xxxxxxx will not delegate or designate the performance of fair value determinations relating to fund investments.
2. | Effective Date |
This Amendment shall become effective for a particular Xxxx Xxxxxxx fund that is a party to an Agreement listed in Appendix A (a “Xxxx Xxxxxxx Fund”) upon the later to occur of: (i) approval of the Amendment by the Board of Trustees of the Xxxx Xxxxxxx Fund, and (ii) execution of the Amendment.
3. | Miscellaneous |
Except as set forth herein, all provisions of the Agreement shall remain in full force and effect. This Amendment may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers as of the date first mentioned above.
Xxxx Xxxxxxx Investment Management LLC | ||
By: | /s/ Xxx Xxxxxxxxx | |
Xxx Xxxxxxxxx | ||
Chief Investment Officer | ||
Each Xxxx Xxxxxxx Fund Listed in Appendix A | ||
By: | /s/ Xxxxxx X. Xxxxxx | |
Xxxxxx X. Xxxxxx | ||
President |
(THE REMAINDER OF THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK)
A-2 |
Appendix A
Agreement dated August 15, 1994, as amended, between Xxxx Xxxxxxx Investment Management LLC (formerly, Xxxx Xxxxxxx Advisers, LLC) and Xxxx Xxxxxxx Financial Opportunities Fund (BTO)
Agreement dated August 15, 1994, as amended, between Xxxx Xxxxxxx Investment Management LLC (formerly, Xxxx Xxxxxxx Advisers, LLC) and Xxxx Xxxxxxx Premium Dividend Fund (PDT)
Agreement (the “Legacy Retail Fund Agreement”) dated January 1, 1996 between Xxxx Xxxxxxx Investment Management LLC (formerly, Xxxx Xxxxxxx Advisers, LLC) and the funds listed below.
Xxxx Xxxxxxx Fund | Trust |
California Tax-Free Income Fund | Xxxx Xxxxxxx California Tax-Free Income Fund |
Classic Value Fund | Xxxx Xxxxxxx Capital Series |
Fundamental Large Cap Core Fund | Xxxx Xxxxxxx Investment Trust |
U.S. Global Leaders Growth Fund | Xxxx Xxxxxxx Capital Series |
A-1 |