XX-00.00.x.xx
XXXXX FUNDS
AMENDMENT NO. 5 TO
FIRST AMENDED AND RESTATED MASTER TRUST AGREEMENT
1. Pursuant to Section 7.3 of the First Amended and Restated Master Trust
Agreement of the Xxxxx Funds dated February 9, 1996 (the "Trust Agreement"), and
effective upon the execution of this document, the undersigned, being a majority
of the Trustees of the Xxxxx Funds, hereby change the name of the "Xxxxx U.S.
Government Total Return Bond Fund" to the "Xxxxx U.S. Government Limited
Duration Fund."
2. Pursuant to Section 4.2 of the Trust Agreement, and effective upon the
execution of this document, the undersigned, being a majority of the Trustees of
the Xxxxx Funds, hereby establish the following sub-trust: Xxxxx U.S. Government
Fund (the "Sub-Trust"). The Sub-Trust shall consist of four classes of shares
based upon differences in the manner in which such shares are distributed and in
the related services provided to shareholders of each such class as follows: (i)
the "No Load Class" shall be distributed at the net asset value of the
Sub-Trust's shares with no sales charge; (ii) the "Class A" shares shall be
subject to a front end sales load as determined by the Board of Trustees; (iii)
the "Class B" shares shall be subject to a contingent deferred sales charge as
determined by the Board of Trustees; and (iv) the "Class C" shares shall be
subject to an ongoing trail commission paid to the broker of record as
determined by the Board of Trustees.
3. This document shall have the status of an Amendment to the Trust
Agreement, and may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the
same instrument.
March 23, 2001
/s/ /s/
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Xxxxxx X. Xxxxx Xxxxxxxx X. Xxxxxx
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Xxxx X. Xxxxxxx Xxxxxx Xxxxxxxx
/s/ /s/
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Xxxxxx X. Xxxxxx Xxxxx X. Xxxxxxx
STATE OF TEXAS )
) ss: /s/ Xxxxxxxx X. Xxxxx
COUNTY OF XXXXXX )
Before me, the undersigned, a Notary Public within and for the State of
Texas, personally appeared Xxxxxx X. Xxxxx, Xxxxxxxx X. Xxxxxx, Xxxx X. Xxxxxxx,
Xxxxxx Xxxxxxxx, Xxxxxx X. Xxxxxx and Xxxxx X. Xxxxxxx, known to me to be the
persons whose name is subscribed to the within instrument, and acknowledged that
the same was executed for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 23rd
day of March, 2001.
/s/ Xxxxxxxx X. Xxxxx
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NOTARY PUBLIC
