Amendment to Investment Advisory Agreement
Exhibit (d)(38)
Amendment to
This Amendment dated as of August 31, 2016 (this “Amendment”) is to the Investment Advisory Agreement dated January 30, 2012, as amended June 10, 2014 and April 15, 2016 (the “Agreement”), by and between Seafarer Capital Partners, LLC (the “Adviser”), a Delaware limited liability company, and Financial Investors Trust (the “Trust”), a Delaware statutory trust. Any items not herein defined shall have the meaning ascribed to them in the Agreement.
WHEREAS, the Trust and the Adviser wish to amend the Agreement in certain respects as more fully set forth below.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereto agree as follows:
1. Effective as of the date of this Amendment, Section 5 (Compensation of the Adviser) is hereby deleted and replaced in its entirety with a new Section 5 (Compensation of the Adviser) set forth as follows:
5. Compensation of the Adviser. In consideration for the investment advisory services to be performed under this Agreement, the Adviser shall receive from the Trust, on behalf of the Seafarer Growth and Income Fund and the Seafarer Overseas Value Fund, an annual management fee, accrued daily at the rate of 1/365th (or 1/366th in any year in which the month of February has 29 days) of the applicable advisory fee rate in the amount of: (i) 0.75% (seventy-five basis points) of the aggregate average daily net assets of the Funds up to $1.5 billion and (ii) 0.70% (seventy basis points) of the aggregate average daily net assets of the Funds over $1.5 billion. Each Fund shall pay to the Adviser a monthly fee at the annual rate using the applicable management fee calculated based on the Fund’s pro rata share of the Funds’ average daily net assets.
2. Except as specifically set forth herein, all other provisions of the Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this Amendment as of the date first written above.
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SEAFARER CAPITAL PARTNERS, LLC
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By:
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/s/ Xxxxxx X. Xxxxx
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By:
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/s Xxxxxxxx Xxxxxx
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Name:
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Xxxxxx X. Xxxxx
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Name:
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Xxxxxxxx Xxxxxx
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Title:
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President
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Title:
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President
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