FIFTH AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT BETWEEN AMERICAN BEACON FUNDS AND AMERICAN BEACON INSTITUTIONAL FUNDS TRUST, EACH ON BEHALF OF ITS RESPECTIVE SERIES, AS LISTED ON SCHEDULE B AND STATE STREET BANK AND TRUST COMPANY
Exhibit 99.(h)(2)(E)
FIFTH AMENDMENT TO
SECURITIES LENDING AUTHORIZATION AGREEMENT
BETWEEN
AMERICAN BEACON FUNDS AND AMERICAN BEACON INSTITUTIONAL FUNDS TRUST, EACH ON BEHALF OF ITS RESPECTIVE SERIES, AS LISTED ON SCHEDULE B
AND
STATE STREET BANK AND TRUST COMPANY
This Fifth Amendment (this “Amendment”) dated May 12, 2020 is between each AMERICAN BEACON investment company listed on Schedule B (each, a “Trust”), severally and not jointly, each acting solely on behalf of its series listed on Schedule B, severally and not jointly (a Trust acting on behalf of one of its series, a “Fund,” and the Trusts acting on behalf of their respective series, collectively, the “Funds”), and STATE STREET BANK AND TRUST COMPANY, acting either directly or through any State Street affiliates (collectively “State Street”).
Reference is made to a Securities Lending Authorization Agreement dated the 16th day of February 2017, as in effect immediately prior to the date of this Amendment Street (the “Agreement”), between the Funds and State Street.
WHEREAS, the Trust and State Street desire to amend the Agreement as set forth below.
NOW, THEREFORE, for value received, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree to amend the Agreement as follows:
1. Definitions. All capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.
2. Amendment.
Schedule B to the Agreement is hereby amended by deleting it in its entirety and replacing it with the revised Schedule B attached to this Amendment.
3. Representations and Warranties. Each party hereto represents and warrants that (a) it has the power to execute and deliver this Amendment, to enter into the transactions contemplated hereby, and to perform its obligations hereunder; (b) it has taken all necessary action to authorize such execution, delivery, and performance; (c) this Amendment constitutes a legal, valid and binding obligation enforceable against it; and (d) the execution, delivery, and performance by it of the Agreement will at all times comply with all applicable laws and regulations.
4. Governing Law; Miscellaneous. This Amendment shall be governed and construed in accordance with the governing law of the Agreement. Except to the extent specifically amended by this Amendment, the provisions of the Agreement shall remain unmodified, and the Agreement is ratified and affirmed as being in full force and effect. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but such counterparts, together, constitute only one (1) instrument.
5. Effective Date. This Amendment shall be effective as of the date first written above.
IN WITNESS WHEREOF, the parties hereto execute this Fifth Amendment by affixing their duly authorized signatures below.
| EACH TRUST, acting solely on behalf of each of its respective series as listed on Schedule B, severally and not jointly | STATE STREET BANK AND TRUST COMPANY | |||
| By: | /s/ Xxxx X. Xxxxxxx | By: | /s/ Xxxxxxxxx Xxxxxxxxxxxx | |
| Name: | Xxxx X. Xxxxxxx | Name: | Xxxxxxxxx Xxxxxxxxxxxx | |
| Title: | Vice President | Title: | Senior Managing Director | |
Amended and Restated
Schedule B
This Amended and Restated Schedule is attached to and made part of the Securities Lending Authorization Agreement dated the 16th day of February 2017 between each AMERICAN BEACON investment company listed on Schedule B (each, a “Trust”), severally and not jointly, each acting solely on behalf of its series listed on Schedule B, severally and not jointly (a Trust acting on behalf of one of its series, a “Fund,” and the Trusts acting on behalf of their respective series, collectively, the “Funds”), and STATE STREET BANK AND TRUST COMPANY acting either directly or through any State Street Affiliates (collectively, “State Street”).
List of Trusts and Funds
| Trust Name and Jurisdiction | Fund Name | Taxpayer Identification Number | Fiscal Year End |
| American Beacon Funds, a Massachusetts business trust | American Beacon Balanced Fund | 00-0000000 | 31-Oct |
| American Beacon Funds, a Massachusetts business trust | American Beacon Large Cap Value Fund | 00-0000000 | 31-Oct |
| American Beacon Funds, a Massachusetts business trust | American Beacon Mid-Cap Value Fund | 00-0000000 | 31-Oct |
| American Beacon Funds, a Massachusetts business trust | American Beacon Small Cap Value Fund | 00-0000000 | 31-Oct |
| American Beacon Funds, a Massachusetts business trust | American Beacon Bridgeway Large Cap Value Fund | 00-0000000 | 31-Dec |
| American Beacon Funds, a Massachusetts business trust | American Beacon Bridgeway Large Cap Growth Fund | 00-0000000 | 31-Dec |
| American Beacon Funds, a Massachusetts business trust | American Beacon Xxxxxxxx Mid-Cap Growth Fund | 00-0000000 | 31-Dec |
| American Beacon Funds, a Massachusetts business trust | American Beacon Xxxxxxxx Small Cap Growth Fund | 00-0000000 | 31-Dec |
| American Beacon Funds, a Massachusetts business trust | American Beacon Xxxx & Xxxxxx Small Cap Growth Fund | 00-0000000 | 31-Dec |
| American Beacon Funds, a Massachusetts business trust | American Beacon Zebra Small Cap Equity Fund | 00-0000000 | 31-Aug |
| Trust Name and Jurisdiction | Fund Name | Taxpayer Identification Number | Fiscal Year End |
| American Beacon Funds, a Massachusetts business trust | American Beacon The London Company Income Equity Fund | 00-0000000 | 31-Aug |
| American Beacon Funds, a Massachusetts business trust | American Beacon International Equity Fund | 00-0000000 | 31-Oct |
| American Beacon Funds, a Massachusetts business trust | American Beacon SGA Global Growth Fund | 00-0000000 | 31-Jan |
| American Beacon Funds, a Massachusetts business trust | American Beacon ARK Transformational Innovation Fund | 00-0000000 | 30-Jun |
| American Beacon Funds, a Massachusetts business trust | American Beacon Xxxxxxx Equity Opportunities Fund | 00-0000000 | 30-Jun |
| American Beacon Funds, a Massachusetts business trust | American Beacon Xxxxxxx XXXX Cap Equity Fund | 00-0000000 | 30-Jun |
| American Beacon Institutional Funds Trust, a Delaware business trust | American Beacon Diversified Fund | 00-0000000 | 31-Oct |
| American Beacon Funds, a Massachusetts business trust | American Beacon Tocqueville International Value Fund | 00-0000000 | 31-Oct |
| American Beacon Funds, a Massachusetts business trust | American Beacon Continuous Capital Emerging Markets Value Fund | 00-0000000 | 31-Jan |
