EXPENSE LIMITATION AGREEMENT NEUBERGER BERMAN ALTERNATIVE FUNDS NEUBERGER BERMAN LONG SHORT FUND neuberger berman u.s. equity index putwrite strategy fund
Exhibit (h)(9)
XXXXXXXXX XXXXXX ALTERNATIVE FUNDS
XXXXXXXXX XXXXXX LONG SHORT FUND
xxxxxxxxx xxxxxx u.s. equity index putwrite strategy fund
0000 Xxxxxx xx xxx Xxxxxxxx
New York, New York 10104
February 24, 2023
Xxxxxxxxx Xxxxxx Investment Advisers LLC
0000 Xxxxxx xx xxx Xxxxxxxx
New York, New York 10104
Dear Ladies and Gentlemen:
Xxxxxxxxx Xxxxxx Long Short Fund and Xxxxxxxxx Xxxxxx U.S. Equity Index PutWrite Strategy Fund (each, a “Fund”) are series of Xxxxxxxxx Xxxxxx Alternative Funds, a Delaware statutory trust (“Trust”).
You hereby agree, from February 28, 2023 until each date noted on Schedule A (each a “Limitation Period”), to waive fees and/or reimburse annual operating expenses (excluding interest, brokerage commissions, acquired fund fees and expenses, taxes including any expenses relating to tax reclaims, dividend and interest expenses relating to short sales, and extraordinary expenses, if any) (“Operating Expenses”) of each Fund’s respective Classes noted on Schedule A (each a “Class”) so that the Operating Expenses of each Fund’s respective Classes are limited to the respective rate per annum, as noted on Schedule A, of that Class’s average daily net assets (each an “Expense Limitation”). Commitment fees relating to borrowings are treated as interest for purposes of this section.
Each Fund agrees to repay you out of assets attributable to its respective Class noted on Schedule A for any fees waived by you under an Expense Limitation or any Operating Expenses you reimburse in excess of an Expense Limitation, provided that the repayment does not cause that Class’ Operating Expenses to exceed the expense limitation in place at the time the fees were waived and/or the expenses were reimbursed, or the expense limitation in place at the time the Fund repays you, whichever is lower. Any such repayment must be made within three years after the year in which you incurred the expense.
You understand that you shall look only to the assets attributable to the respective Class of the applicable Fund for performance of this Agreement and for payment of any claim you may have hereunder, and neither any other series of the Trust or class of the applicable Fund, nor any of the Trust’s trustees, officers, employees, agents, or shareholders, whether past, present or future, shall be personally liable therefor.
This Agreement is made and to be performed principally in the State of New York, and except insofar as the Investment Company Act of 1940, as amended, or other federal laws and regulations may be controlling, this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of New York. Any amendment to this Agreement shall be in writing signed by the parties hereto, and requires approval of the Board of Trustees of the Trust, including a majority of the Trustees who are not “interested persons” of the Trust as that term is defined in the Investment Company Act of 1940. This Agreement supersedes any prior agreement with respect to the subject matter hereof as of February 28, 2023.
If you are in agreement with the foregoing, please sign the form of acceptance on the enclosed counterpart hereof and return the same to us.
| Very truly yours, | ||
| XXXXXXXXX XXXXXX ALTERNATIVE FUNDS, | ||
| on behalf of | ||
| XXXXXXXXX XXXXXX LONG SHORT FUND | ||
| XXXXXXXXX XXXXXX U.S. EQUITY INDEX PUTWRITE STRATEGY FUND | ||
| By: | /s/ Xxxxxx X. Xxxxx | |
| Name: | Xxxxxx X. Xxxxx | |
| Title: | Chief Executive Officer and President | |
The foregoing Agreement is hereby accepted as of February 24, 2023.
| XXXXXXXXX XXXXXX INVESTMENT ADVISERS LLC | ||
| By: | /s/ Xxxxxx X. Xxxxx | |
| Name: | Xxxxxx X. Xxxxx | |
| Title: | President and Chief Investment Officer -- Equities | |
2
SCHEDULE A
| Fund | Class | Limitation Period | Expense Limitation | |||
| Xxxxxxxxx Xxxxxx Long Short Fund | Class A | 10/31/2026 | 2.06% | |||
| Class C | 10/31/2026 | 2.81% | ||||
| Institutional | 10/31/2026 | 1.70% | ||||
| Xxxxxxxxx Xxxxxx U.S. Equity Index PutWrite Strategy Fund | Class A | 10/31/2026 | 1.01% | |||
| Class C | 10/31/2026 | 1.76% | ||||
| Institutional | 10/31/2026 | 0.65% | ||||
| Class R6 | 10/31/2026 | 0.55% |
Sch. A-1
