0001104659-12-052685 Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • July 31st, 2012 • Tributary Funds, Inc. • Nebraska

This Indemnification Agreement (this “Agreement”) is made and entered into this 29th day of March, 2012 between Tributary Funds, Inc., a Nebraska corporation (the “Company”), and Megan E. Garcy (“Indemnitee”), an officer of the Company.

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UNDERWRITING AGREEMENT Between TRIBUTARY FUNDS, INC. and NORTHERN LIGHTS DISTRIBUTORS, LLC
Underwriting Agreement • July 31st, 2012 • Tributary Funds, Inc. • Nebraska

AGREEMENT made this 19th day of August 2010, by and between TRIBUTARY FUNDS, INC., a Nebraska corporation, having its principal office and place of business at 1620 Dodge Street, Omaha Nebraska 68197 (the “Corporation”), and NORTHERN LIGHTS DISTRIBUTORS, LLC, a Nebraska limited liability company having its principal office and place of business at 4020 South 147th Street, Omaha, Nebraska 68137 (“NLD”).

INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • July 31st, 2012 • Tributary Funds, Inc. • Colorado

This AGREEMENT is made and entered this 17th day of November, 2011, by and between Tributary Capital Management, LLC, a Colorado limited liability company (the “Adviser”) and First National Bank (Omaha), a national banking association having its principal place of business in Omaha, Nebraska and doing business as First National Fund Advisers (“Sub-Adviser”).

GLOBAL FUND ORDER ROUTING SERVICES RIDER
Global Fund Order Routing Services Rider • July 31st, 2012 • Tributary Funds, Inc.

This Global Fund Order Routing Services Rider (the “Rider”) is made the 15th day of April between each of the series listed under its name on Appendix A, severally and not jointly (each such series a separate and distinct “Customer”) (“Customer”) and JPMorgan Chase Bank, N.A. (“J.P. Morgan”).

JP Morgan Custody Fee Schedule for Tributary Fund Safekeeping, Administration and Transactions
Custody Fee Schedule • July 31st, 2012 • Tributary Funds, Inc.

This custody fee schedule is provided in accordance with and subject to the terms of the Custody Agreement dated , 2011, as amended from time to time (the “Agreement”), by and between JPMorgan Chase Bank (“Bank”) and each open-end management investment company listed on Exhibit 1 thereto (each a “Trust,” collectively “Customer”).

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • July 31st, 2012 • Tributary Funds, Inc. • New York

AMENDMENT, dated as of March 1, 2011 (the “Amendment”), among Tributary Funds, Inc (the “Customer”), JPMorgan Chase, National Association (the “J.P. Morgan”) It amends the Domestic Custody Agreement, as amended and restated as of March 1, 2010, (as amended, supplemented or otherwise modified from time to time, the “Custody Agreement”) between the Customer and J.P. Morgan. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed to such terms in the Custody Agreement.

UNDERWRITING AGREEMENT Schedule A Effective July 22, 2011 Tributary Short- Intermediate Bond Fund Tributary Income Fund Tributary Balanced Fund Tributary Core Equity Fund Tributary Growth Opportunities Fund Tributary Small Company Fund Tributary Large...
Underwriting Agreement • July 31st, 2012 • Tributary Funds, Inc.

The parties hereto agree that this Schedule A shall replace the existing Schedule A to the Underwriting Agreement effective as of the 22nd day of July 2011.

Domestic Custody Agreement Between Tributary Funds, Inc. And JPMorgan Chase Bank, N.A.
Domestic Custody Agreement • July 31st, 2012 • Tributary Funds, Inc. • New York

This agreement, dated , 20 , is between JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“J.P. Morgan”), with a place of business at One Chase Manhattan Plaza, NY, NY 10005; and Tributary Funds, Inc. (“Customer”), a company registered under the Investment Company Act of 1940, as amended, with a place of business at 1620 Dodge Street, Omaha, NE 68197.

FIFTH AMENDED AND RESTATED FEE APPORTIONMENT AGREEMENT
Fee Apportionment Agreement • July 31st, 2012 • Tributary Funds, Inc.

THIS FIFTH AMENDED AND RESTATED FEE APPORTIONMENT AGREEMENT (the “Agreement”) is made as of November 17, 2011, by and among: (1) Tributary Funds, Inc., a registered open-end management investment company organized as a Nebraska corporation having its principal place of business at 1620 Dodge Street, Omaha, NE 68197 (the “Company”), on behalf of the Tributary Core Equity Fund, the Tributary Short/Intermediate Bond Fund, the Tributary Small Company Fund, the Tributary Income Fund, the Tributary Large Cap Growth Fund, the Tributary Balanced Fund, and the Tributary Growth Opportunities Fund, (each, a “Fund” and collectively, the “Funds”), (2) Tributary Capital Management, LLC, a Colorado limited liability company (“Tributary”), and (3) First National Bank, a national banking association having its principal place of business at 205 West Oak Street, Fort Collins, CO 80521, on behalf of its division, First National Fund Advisers (“FNFA”).

AMENDMENT TO FUND ACCOUNTING AND CO-ADMINISTRATION SERVICES AGREEMENT
Fund Accounting and Co-Administration Services Agreement • July 31st, 2012 • Tributary Funds, Inc.

THIS AMENDMENT is made and entered into as of May 17, 2011, by and between Tributary Funds, Inc. (formerly known as First Focus Funds, Inc.), a Nebraska corporation (“Company”) and Jackson Fund Services (“JFS”), a division of Jackson National Asset Management LLC, a limited liability company organized under the laws of the State of Michigan, and amends the Fund Accounting and Co-Administration Services Agreement (“Agreement”) dated December 18, 2009 by and between the Company and JFS.

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