BUFFALO FUNDS AMENDMENT TO THE AMENDED AND RESTATED CUSTODY AGREEMENT
AMENDMENT
TO THE
AMENDED
AND RESTATED CUSTODY AGREEMENT
THIS AMENDMENT to the Amended
and Restated Custody Agreement (the “Agreement”) dated as of April 25th, 2003,
as amended December 1, 2006, by and among Xxxxxxxxx Capital Management,
Inc., a Kansas corporation (“KCM”), U.S. Bank National Association, N.A.,
a national banking association (the "Custodian") and the following
investment companies: Buffalo
Balanced Fund, Inc., Buffalo Large Cap Fund, Inc. Buffalo High Yield Fund, Inc.,
Buffalo USA Global Fund, Inc., Buffalo Small Cap Fund, Inc. and Buffalo
Funds, a Delaware statutory trust (each investment company and/or series
a “Fund” and collectively the “Funds”), is entered into by the parties effective
as of February 15, 2008.
RECITALS
WHEREAS, KCM is registered as
an investment adviser under the Investment Advisers Act of 1940 and, as the
investment adviser and manager of the Funds, KCM is contractually obligated to
obtain and bear the costs of appropriate custodian services for the Funds;
and
WHEREAS, the Custodian is a
bank having the qualifications prescribed in Section 26(a)(1) of the 1940 Act;
and
WHEREAS, through the Amended
and Restated Custody Agreement, KCM has engaged the Custodian to hold and
administer the Funds’ securities and cash pursuant to the Agreement,
and
WHEREAS, the parties desire to
amend the Amended and Restated Custody Agreement to add a fund;
NOW, THEREFORE, the parties
agree as follows:
Exhibit C,
the Fund names, is replaced in its entirety by Exhibit C attached
hereto.
Except to
the extent supplemented hereby, the Amended and Restated Custody Agreement shall
remain in full force and effect.
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IN WITNESS WHEREOF, the
parties hereto have caused this Amendment to be executed by a duly authorized
officer on one or more counterparts as of the date and year written
above.
U.S. BANK NATIONAL | XXXXXXXXX CAPITAL MANAGEMENT, INC. |
ASSOCIATION | |
By: /s/ Xxx X. Xxxxxxx | By: /s/ Xxxx X. Xxxxxxxxx |
Xxx X. Xxxxxxx,
Senior Vice President
|
Xxxx X. Xxxxxxxxx,
President
|
Buffalo
Balanced Fund, Inc.
|
|
Buffalo High Yield Fund, Inc. | |
Buffalo Large Cap Fund, Inc. | |
Buffalo USA Global Fund, Inc. | |
Buffalo Small Cap Fund, Inc. | |
Buffalo Funds (the Delaware statutory trust) | |
By: /s/ Xxxx X. Xxxxxxx | |
Xxxx X. Xxxxxxx,
President
|
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EXHIBIT C to the Amended and
Restated Custody Agreement
Fund
Names
Name of Fund/Series | Date Added |
Buffalo Balanced Fund, Inc. | April 25, 2003 |
Buffalo High Yield Fund, Inc. | April 25, 2003 |
Buffalo Large Cap Fund, Inc. | April 25, 2003 |
Buffalo Small Cap Fund, Inc. | April 25, 2003 |
Buffalo USA Global Fund, Inc. | April 25, 2003 |
Buffalo Funds, a Delaware statutory trust, consisting of the following series | |
Buffalo Mid Cap
Fund
|
April 25, 2003 |
Buffalo Science
& Technology Fund
|
April 25, 2003 |
Buffalo Micro Cap
Fund
|
May 21, 2004 |
Buffalo Jayhawk
China Fund
|
December 1, 2006 |
|
|
Buffalo
International Fund
|
September 28, 2007 |
Buffalo Balanced
Fund
|
on or
after June 30, 2007
|
Buffalo High Yield
Fund
|
on or after June 30, 2007 |
Buffalo Large Cap
Fund
|
on or
after June 30, 2007
|
Buffalo Small Cap
Fund
|
on or after June 30, 2007 |
Buffalo USA Global
Fund
|
on or after June 30, 2007 |
|
U.S.
Bank National Association. Domestic Custody Fee
Schedule
|
Fees for
Custodian Services are to be paid by U.S. Bancorp Fund Services, LLC (“USBFS”)
pursuant to Exhibit G of the Master Services Agreement, dated April 25,
2003, as amended, by and between USBFS and Xxxxxxxxx Capital Management,
Inc. Exhibit G of that Agreement is hereby incorporated by
reference.
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