SUB-INVESTMENT ADVISORY AGREEMENT BNY MELLON APPRECIATION FUND, INC.Sub-Investment Advisory Agreement • April 26th, 2024 • Bny Mellon Appreciation Fund, Inc.
The Fund desires to employ its capital by investing and reinvesting the same in investments of the type and in accordance with the limitations specified in the Fund's Prospectus and Statement of Additional Information as from time to time in effect, copies of which have been or will be submitted to you, and in such manner and to such extent as from time to time may be approved by the Fund's Board of Directors. The Fund employs BNY Mellon Investment Adviser, Inc. (the "Adviser") to act as the Fund's investment adviser pursuant to a written agreement with the Fund (the "Investment Advisory Agreement"), a copy of which has been furnished to you. The Fund desires to retain you, and you hereby agree to accept such retention, as the Fund's sub-investment adviser as of the date set forth above (the "Effective Date").
AMENDED AND RESTATED DISTRIBUTION AGREEMENTDistribution Agreement • April 26th, 2024 • Bny Mellon Appreciation Fund, Inc.
This is to confirm that, in consideration of the agreements hereinafter contained, each investment company identified on Exhibit A hereto, as such Exhibit may be amended from time to time (each, the "Fund"), has agreed that you shall be, for the period of this agreement, the distributor of (a) shares of each series of the Fund set forth on Exhibit A hereto, as such Exhibit may be revised from time to time (each, a "Series") or (b) if no Series are set forth on such Exhibit, shares of the Fund. For purposes of this agreement the term "Shares" shall mean the authorized shares of the relevant Series, if any, and otherwise shall mean the Fund's authorized shares.
INVESTMENT ADVISORY AGREEMENT BNY MELLON APPRECIATION FUND, INC.Investment Advisory Agreement • April 26th, 2024 • Bny Mellon Appreciation Fund, Inc.
The Fund desires to employ its capital by investing and reinvesting the same in investments of the type and in accordance with the limitations specified in its Prospectus and Statement of Additional Information as from time to time in effect, copies of which have been or will be submitted to you, and in such manner and to such extent as from time to time may be approved by the Fund's Board. The Fund desires to employ you to act as its investment adviser and also intends to employ Fayez Sarofim & Co., LLC to act as its sub-investment adviser (the "Sub-Investment Adviser").
