Third Amendment
To
Dividend Disbursing and Transfer Agent Agreement
This Third Amendment to Dividend Disbursing and Transfer Agent Agreement ("Third
Amendment"), made, entered and effective this 30th day of November 2004, by and
between PMFM Investment Trust, a Delaware statutory trust (the "Trust"), and
North Carolina Shareholder Services, LLC d/b/a NC Shareholder Services, a North
Carolina limited liability company (the "Transfer Agent").
WHEREAS, pursuant to that certain Dividend Disbursing and Transfer Agent
Agreement ("Agreement") dated June 20, 2003 and amended on December 3, 2004 and
August 18, 2004, between the Trust and the Transfer Agent, the Trust retained
the Transfer Agent to provide certain dividend disbursing, transfer agent and
shareholder services to the Trust in the manner and on the terms set forth
therein; and
WHEREAS, the Trust and the Transfer Agent wish to modify and amend the Agreement
to add a new series of the Trust to the Agreement and to reflect the name change
of the PMFM Moderate Portfolio Trust.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained
in this Third Amendment and intending to be legally bound, the Trust and the
Transfer Agent agree as follows:
1. Addition of New Series. The Agreement is hereby modified and
amended by adding the following new series of the Trust to
Agreement:
"PMFM Core Advantage Portfolio Trust"
2. Name Change of Series. The Agreement is hereby modified and
amended to reflect the change in name of the PMFM Moderate
Portfolio Trust to the following:
"PMFM Tactical Preservation Portfolio Trust"
3. Other. Except as expressly modified or amended herein, all other
terms and provisions of the Agreement shall remain in full force
and effect.
The Agreement is hereby modified and amended by adding the
following language pertaining to notice to Section 13 of the
Agreement:
The last sentence of the Section 13 "The Transfer Agent agrees to
allow federal examiners having jurisdiction over the Fund to
obtain information and records relating to the Trust's AML program
in its possession and to inspect the Transfer Agent for purposes
thereof," shall now read as follows:
The Transfer Agent agrees to allow federal examiners having
jurisdiction over the Fund to obtain information and records
relating to the Trust's AML program in its possession and to
inspect the Transfer Agent for purposes thereof, provided that
the Transfer Agent provides prior notice to the Fund and
follows any reasonable directions given by the Fund with
respect thereto.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be
duly signed as of the day and year first above written.
Trust: Transfer Agent:
PMFM INVESTMENT TRUST NC SHAREHOLDER SERVICES, LLC
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxx X. Marriott, Jr.
______________________________ __________________________
Name: Xxxxxx X. Xxxxxxx Name: Xxxx X. Marriott, Jr.
Title: Chairman Title: Managing Director
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