AMENDMENT TO CUSTODIAN AGREEMENT
Exhibit 99. (g2)
AMENDMENT TO CUSTODIAN AGREEMENT
AMENDMENT TO CUSTODIAN AGREEMENT, effective as of May 1, 2007, by and between XXXXXX XXXX GLOBAL EQUITY FUND, INC., a corporation established under the laws of the State of Maryland (the “Fund”), and INVESTORS BANK & TRUST COMPANY, a Massachusetts trust company (the “Bank”).
WHEREAS, the Fund and Bank entered into a Custodian Agreement dated July 1, 2004, as amended from time to time (the “Custodian Agreement”); and
WHEREAS, the Fund and Bank desire to amend the Custodian Agreement as set forth below.
NOW, THEREFORE, in consideration of the premises set forth herein, the parties agree as follows:
1. Amendments.
Section 16.1 of the Custodian Agreement is hereby amended by adding at the end thereof, the following:
| “In addition, if a majority of the Board of Trustees in its sole discretion determines that State Street Bank & Trust Company, as successor to the Bank (“State Street”) under this Agreement, beginning after three (3) months from the date of the final Fund conversion to State Street's fund accounting systems, has failed to meet the service standards as agreed to and outlined in the Service Level Agreement agreed between the parties in any material respects for two consecutive calendar quarters, written notice of such determination setting forth the reasons for such determination shall be provided to the Bank. In the event the Bank shall not, within ninety (90) days thereafter, cure in all material respects such identified deficiencies as set forth herein, the Fund, with the authorization of the Board, may terminate this Agreement. The Fund’s right to terminate this Agreement as a result of a failure to meet the service standards as described herein is in addition to, and entirely separate from, the Fund’s right to terminate this Agreement as a result of a material breach of the Agreement by State Street.” |
2. Miscellaneous.
a) Except as amended hereby, the Custodian Agreement 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 Amendment to be executed by their respective duly authorized officers as of the day and year first written above.
XXXXXX XXXX GLOBAL EQUITY FUND, INC.
| Accepted and approved by: | /s/ Xxxxxxx Xxxxxxxx | ||
| Print Name: | Xxxx Xxxxxxxx | ||
| Title: | CEO, Xxxxxx Xxxx Investment Funds | ||
| Date: | 9/6/07 | ||
| Accepted and approved by: | /s/ Xxxxx X. Xxxxxx | ||
| Print Name: | Xxxxx Xxxxxx | ||
| Title: | CFO, Xxxxxx Xxxx Investment Funds | ||
| Date: | 9/5/07 | ||
| INVESTORS BANK & TRUST COMPANY | |||
| Accepted and approved by: | /s/ Xxxxxxx XxXxxxx | ||
| Print Name: | Xxxxxxx XxXxxxx | ||
| Title: | Managing Director | ||
| Investors Bank & Trust Company | |||
| Date: | |||
