FUND ACCOUNTING AND FINANCIAL ADMINISTRATION SERVICES AGREEMENTFund Accounting and Financial Administration Services Agreement • October 26th, 2007 • Delaware Group Equity Funds Iii • Pennsylvania
THIS AGREEMENT is made as of the 1st day of October, 2007 (the “Effective Date”) by and between MELLON BANK, N.A. (referred to herein as “Mellon”), a national banking association having its principal place of business at 500 Grant Street, Pittsburgh, PA 15258, and each investment company listed on Schedule A (referred to herein, individually, as a “Fund” and, collectively, as the “Funds”), having its principal place of business at 2005 Market Street, Philadelphia, PA 19103.
MUTUAL FUND CUSTODY AND SERVICES AGREEMENTMutual Fund Custody and Services Agreement • October 26th, 2007 • Delaware Group Equity Funds Iii • Pennsylvania
THIS AGREEMENT, effective as of the 20th day of July, 2007, and is by and between each investment company listed on Appendix D (referred to herein individually as the “Fund” and collectively, as the “Funds”) and MELLON BANK, N.A. (referred to herein as the “Custodian”) a national banking association with its principal place of business at One Mellon Center, 500 Grant Street, Pittsburgh, Pennsylvania 15258. As a matter of administrative convenience, this Agreement is entered into by and between the Custodian and multiple Funds, each on behalf of their respective Series (as hereinafter defined). Nevertheless, this Agreement shall be construed to constitute a separate Agreement between each such Fund, on behalf of its Series, and the Custodian. As such, the term Fund is used in the singular herein.
AMENDMENT NO. 2 TO EXHIBIT A OF THE INVESTMENT MANAGEMENT AGREEEMENTDelaware Group Equity Funds Iii • October 26th, 2007
THIS EXHIBIT to the Investment Management Agreement dated August 27, 1999 (the "Agreement") between DELAWARE GROUP EQUITY FUNDS III and DELAWARE MANAGEMENT COMPANY, a series of Delaware Management Business Trust (the "Investment Manager"), amended as of the 26th day of June, 2001 to add Delaware Health Care Fund and Delaware Small Cap Growth Fund, lists the Funds for which the Investment Manager provides investment management services pursuant to this Agreement, along with the management fee rate schedule for each Fund and the date on which the Agreement became effective for each Fund.
Delaware Distributors, L.P. 2005 Market Street Philadelphia, PA 19103Delaware Group Equity Funds Iii • October 26th, 2007
By our execution of this letter agreement (the “Agreement”), intending to be legally bound hereby, Delaware Distributors, L.P. (the “Distributor”) agrees that in order to improve the performance of the series of Delaware Group Equity Funds III set forth below (each a “Fund”), the Distributor shall waive a portion of the Rule 12b-1 (distribution) fees applicable to the specified Fund class, so that such Fund’s Rule 12b-1 (distribution) fees with respect to such class will not exceed the percentages set forth below for the period November 1, 2007 through October 31, 2008.
SECURITIES LENDING AUTHORIZATIONSecurities Lending Authorization • October 26th, 2007 • Delaware Group Equity Funds Iii • Pennsylvania
This Agreement (this “Agreement”) made as of the 20th day of July, 2007, by and between each investment company listed on Schedule 1 attached hereto (referred to herein, individually, as a “Client” and, collectively, as the “Clients”) on behalf of one or more of its series funds listed below such investment company on Schedule 1 attached hereto (referred to herein, individually, as a “Fund” and, collectively, as the “Funds”), and MELLON BANK, N.A. (referred to herein as the “Lending Agent”). As a matter of administrative convenience, this Agreement is entered into by and between the Lending Agent and multiple Clients, each on behalf of their respective Funds. Nevertheless, this Agreement shall be construed to constitute a separate Agreement between each Client on behalf of its Funds and the Lending Agent.
Delaware Management Company 2005 Market Street Philadelphia, PA 19103Delaware Group Equity Funds Iii • October 26th, 2007
By our execution of this letter agreement (the "Agreement"), intending to be legally bound hereby, Delaware Management Company, a series of Delaware Management Business Trust (the "Manager"), agrees that in order to improve the performance of Delaware Small Cap Growth Fund (the "Fund"), which is a series of Delaware Group Equity Funds III, the Manager shall waive all or a portion of its investment advisory fees and/or reimburse expenses (excluding any 12b-1 plan expenses, taxes, interest, inverse floater program expenses, brokerage fees, short-sale dividend and interest expenses, certain insurance costs, and non-routine expenses or costs, including, but not limited to, those relating to reorganizations, litigation, conducting shareholder meetings, and liquidations (collectively, “non-routine expenses”)) in an aggregate amount equal to the amount by which the Fund’s total operating expenses (excluding any 12b-1 plan expenses, taxes, interest, inverse floater program expenses, brokerage
