EXHIBIT (g)(5)
AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT is made as of June 16, 2003 by and between the funds
listed on Appendix I hereto (the "Funds") and INVESTORS BANK & TRUST COMPANY, a
Massachusetts chartered trust company ("Investors Bank").
WHERAS, the Funds and Investors Bank have entered into a Master Custodian
Agreement, as such Master Custodian Agreement has been amended and extended from
time to time (the "Master Custodian Agreement"); and
WHERAS, the Funds and Investors Bank desire to amend such Master Custodian
Agreement in the manner set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and in
such agreements, it is agreed between the respective parties hereto as follows:
1) The Master Custodian Agreement between the Funds and Investors Bank is
hereby amended by deleting the first full paragraph in Section 10 of the
Master Custodian Agreement in its entirety and by inserting in lieu thereof
the following:
"The term of this Agreement shall continue through January 9,
2007 (the "Initial Term"), unless earlier terminated as provided
herein. After the expiration of the Initial Term, the term of this
Agreement shall automatically renew for successive three-year terms
(each a "Renewal Term") unless notice of non-renewal is delivered by
the non-renewing party to the other party no later than ninety days
prior to the expiration of the Initial Term or any Renewal Term, as the
case may be.
The Fund may, at any time prior to the expiration of the
Initial Term or any Renewal Terms, by action of its Board, (i)
substitute another bank or trust company for the Custodian, by giving
notice as described above to the Custodian, in the event the Custodian
assigns this Agreement to any unaffiliated party without consent of the
noninterested Trustees of the Funds, or (ii) immediately terminate this
Agreement in the event of the appointment of a conservator or receiver
for the Custodian by the Federal Deposit Insurance Corporation or by
the Banking Commissioner of The Commonwealth of Massachusetts or upon
the happening of a like event at the direction of an appropriate
regulatory agency or court of competent jurisdiction. Upon proper
termination of the Agreement in accordance with the terms hereof, the
Fund shall pay to the Custodian such compensation as may be due as of
the date of such termination (and shall likewise reimburse the
Custodian for its costs, expenses and disbursements).
Either party hereto may terminate this Agreement prior to the
expiration of the Initial Term or any Renewal Term in the event the
other party violates any material provision of this Agreement, provided
that the non-violating party gives written notice of such violation to
the violating party and the violating party does not cure such
violation within 90 days of receipt of such notice."
2) Miscellaneous.
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(a) Except as amended hereby, the Master Custodian Agreements
referenced herein shall remain in full force and effect.
(b) This Amendment may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall
constitute one and the same instrument
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed and delivered by their duly authorized officers as of the date first
written above.
EACH OF THE ENTITIES LISTED
ON APPENDIX I HERETO
By: s/s X. X. X'Xxxxxx
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Name: X. X. X'Xxxxxx
Title: Treasurer
INVESTORS BANK & TRUST COMPANY
By: s/s Xxxxxx X. Xxxxxx
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Name: Xxxxxx X. Xxxxxx
Title: Managing Director
APPENDIX I
PARTIES TO AGREEMENT REFERENCED
IN PARAGRAH 1
(Effective May 1, 2003)
The Xxxxxx Managed Equity Trust
Xxxxxx Selected Blue Chip Equities Fund
Xxxxxx Major Blue Chip Equities Fund
Xxxxxx International Blue Chip Equities fund
The Xxxxxx Managed Income Trust
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Xxxxxx U.S. Government Near Term Fund
Xxxxxx U.S. Government Intermediate Fund
Xxxxxx Total Return Bond Fund
Xxxxxx U.S. Treasury Money Market Fund
Xxxxxx Current Income Fund
