TENTH AMENDMENT TO
TENTH AMENDMENT TO
SECURITIES LENDING AGENCY AGREEMENT
This Tenth Amendment to Securities Lending Agency Agreement (“Amendment”) is entered into as of March 13, 2014 by and among Xxxxx Fargo Advantage Income Opportunities Fund, Xxxxx Fargo Advantage Multi-Sector Income Fund and Xxxxx Fargo Advantage Utilities and High Income Fund, Xxxxx Fargo Funds Trust, Xxxxx Fargo Master Trust and Xxxxx Fargo Variable Trust (the “Trusts” and each a “Trust”), on behalf of their funds now existing or hereafter created (the “Funds”), and Xxxxxxx Xxxxx Bank USA, doing business as Xxxxxxx Sachs Agency Lending ("GSAL").
WHEREAS, the parties entered into an Securities Lending Agency Agreement dated April 1, 2010 (the “Agreement”); and
WHEREAS, each of the Funds listed on Appendix A to the Agreement retained the services of GSAL to act as its agent in lending securities from time to time held in the Custody Account to certain borrowers, on the terms and conditions set forth in the Agreement; and
WHEREAS, the parties herein wish to amend the Agreement, specifically, Appendix A to the Agreement, so that each of the Funds identified in this Amendment may also retain the services of GSAL to act as its agent on the terms and conditions set forth in the Agreement; and
NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
Amendments. The Agreement is hereby amended as follows:
Appendix A –
The addition of the Conservative Income Fund.
The reorganization of the following Xxxxx Fargo Master Trust portfolios. :
Equity Value Portfolio into the Large Company Value Portfolio
International Equity Portfolio into the International Value Portfolio
International Index Portfolio into the International Growth Portfolio
The addition of the Emerging Markets Equity Select Fund which is scheduled to commence operations in the fourth quarter 2013.
The removal of the Adjustable Rate Government Fund, Government Securities Fund, Short Duration Government Bond Fund and Inflation Protected Bond Portfolio.
Schedule 2 – List of Approved Borrowers
The following are to be removed to the List of Approved Borrowers in Schedule 2 to the Agreement:
BNP Paribas Securities Corp.
MS Securities Services Inc.
The following are to be added to the List of Approved Borrowers in Schedule 2 to the Agreement:
BMO Capital Markets Corp.
Scotia Capital (USA) Inc.
The following are name changes to the List of Approved Borrowers in Schedule 2 to the Agreement:
Jefferies & Co., Inc. to Xxxxxxxxx LLC
Xxxxxx Xxxxxxx & Co. Inc. to Xxxxxx Xxxxxxx & Co. LLC
2. Recitals Incorporated; Definitions.
The foregoing recitals are true and correct and by this reference are incorporated herein. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.
3. Appendices, Schedules and Exhibits Incorporated.
All appendices and schedules referenced in this Amendment are incorporated herein.
Continuing Provisions of the Agreement.
Except as otherwise specifically set forth in this Amendment, all other terms of the Agreement shall remain unchanged and continue in full force and effect.
Counterpart Signatures.
This Amendment may be executed in any number of counterpart signatures with the same effect as if the parties had all signed the same document. All counterpart signatures shall be construed together and shall constitute one agreement.
IN WITNESS WHEREOF, the parties have caused this Tenth Amendment to be executed and delivered as of the date first above written.
XXXXX FARGO ADVANTAGE INCOME OPPORTUNITIES FUND
XXXXX FARGO ADVANTAGE MULTI-SECTOR INCOME FUND,
each on behalf of itself as a Lender listed on Appendix A as amended from time to time
By____________________________
Name: Xxxxxx XxXxxxx
Title: Treasurer
XXXXX FARGO ADVANTAGE UTILITIES AND HIGH INCOME FUND
By____________________________
Name: Xxxxxx XxXxxxx
Title: Assistant Treasurer
XXXXX FARGO FUNDS TRUST
XXXXX FARGO MASTER TRUST
XXXXX FARGO VARIABLE TRUST,
each on behalf of their respective Lenders listed on Appendix A as amended from time to time
By____________________________
