Amended and restated EXPENSE Limitation/reimbursement AGREEMENT
Exhibit (h)(xl)
Amended and restated
EXPENSE Limitation/reimbursement AGREEMENT
This Agreement is entered into as of the 1st day of August, 2017, amended and restated as of January 28, 2021, by and between Gotham Asset Management, LLC (the “Adviser”) and FundVantage Trust (the “Trust”), on behalf the Gotham Short Strategies Fund (the “Fund”).
WHEREAS, the Adviser desires to contractually agree to reduce its advisory fee and/or reimburse certain of the Fund’s operating expenses to ensure that the Fund’s total operating expenses, excluding taxes, “Acquired Fund Fees and Expenses” (as defined in Form N-1A), dividend and interest expense on short sales of securities, interest, extraordinary items, and brokerage commissions, do not exceed the levels described below; and
WHEREAS, effective January 28, 2019, the Adviser extended the term of this Agreement for an additional one year period ending January 31, 2021; and
WHEREAS, effective January 31, 2021, the Adviser desires to extend the term of this Agreement for an additional one year period ending January 31, 2022.
NOW, THEREFORE, the parties agree as follows:
Fee Reduction. The Adviser agrees that it will reduce its compensation and/or reimburse certain expenses for the Fund, to the extent necessary to ensure that the Fund’s total operating expenses (exclusive of taxes, “Acquired Fund Fees and Expenses,” dividend and interest expense on securities sold short, interest, extraordinary items, and brokerage commissions) do not exceed (on an annual basis) 1.35%, as a percentage of the Fund’s average daily net assets for the period from August 1, 2017 through January 31, 2022.
Term. This Agreement shall terminate on January 31, 2022, or at an earlier date upon the discretion of the Board of Trustees of the Trust, unless extended, terminated, modified or revised by the mutual agreement of the parties, as provided for in writing.
[Signature Page Follows]
IN WITNESS WHEREOF, each of the parties hereto has caused this Amended and Restated Expense Limitation/Reimbursement Agreement to be executed in its name and on its behalf by its duly authorized representative as of January 28, 2021.
Gotham Asset Management, LLC | |||
By: | /s/ Xxxxx XxXxxxx | ||
Name: | Xxxxx XxXxxxx | ||
Title: | General Counsel & CCO | ||
FundVantage Trust, on behalf of Gotham Short Strategies Fund |
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By: | /s/ Xxxx Xxxxx | ||
Name: | Xxxx X. Xxxxx | ||
Title: | President and Chief Executive Officer |
[Signature Page to Amended and Restated Expense Limitation/Reimbursement Agreement]