FORM OF SUPPLEMENT TO DISTRIBUTION CONTRACT PIMCO Funds Newport Beach, California 92660 August 12, 2008
Exhibit (e)(4)
FORM OF
SUPPLEMENT TO
DISTRIBUTION CONTRACT
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August 12, 2008
Allianz Global Investors Distributors LLC
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Dear Sirs:
This will confirm the agreement between the undersigned (the “Trust”) and you (the “Distributor”) as follows:
1. The Trust is an open-end investment company organized as a Massachusetts business trust and consisting of such separate investment portfolios as have been or may be established by the Trustees of the Trust from time to time. A separate series of shares of beneficial interest in the Trust is offered to investors with respect to each investment portfolio. The PIMCO Global Multi-Asset Fund and PIMCO EM Fundamental IndexPLUS TR Strategy Fund (the “Funds”) and PIMCO Long Duration Corporate Bond Portfolio (the “Portfolio”) are each a separate investment portfolio of the Trust.
2. The Trust and the Distributor have entered into an Amended and Restated Distribution Contract (the “Contract”) dated February 26, 2008, pursuant to which the Distributor has agreed to be the distributor of shares of the Trust.
3. As provided in paragraph 1 of the Contract, the Distributor hereby adopts the Contract with respect to the Funds and the Portfolio and the Distributor hereby acknowledges that the Contract shall pertain to the Funds and the Portfolio, the terms and conditions of such Contract being hereby incorporated herein by reference.
4. This Supplement and the Contract shall become effective with respect to the Funds, the Portfolio and each class thereof on August 12, 2008 and shall continue in effect for a period not to exceed one year from the effective date of this Supplement and shall continue thereafter on an annual basis with respect to the Funds, the Portfolio and each class thereof only so long as such continuance is specifically approved at least annually by (a) the Trust’s Board of Trustees or, with respect to the Funds, the Portfolio and each class thereof, by the vote of a majority of the outstanding voting securities of the Funds or the Portfolio, as applicable (as defined in the Investment Company Act of 1940, as amended (the “1940 Act”)), and each class thereof and (b) by the vote, cast in person at a meeting called for the purpose, of a majority of the Trust’s Trustees who are not parties to this Contract or “interested persons” (as defined in the ▇▇▇▇ ▇▇▇) of any such party. This Contract shall terminate automatically in the event of its assignment (as defined in the 1940 Act). This Contract may, in any event, be terminated at any time without the payment of any penalty, by the Funds, the Portfolio or class thereof or the Distributor upon not more than 60 days’ and not less than 30 days’ written notice to the other party.
5. The Trust and the Distributor hereby agree to amend the Contract as of the date hereof to add the Funds and the Portfolio to Schedule A and to make other changes to Schedule A. Accordingly, the current Schedule A is replaced with the new Schedule A attached hereto.
6. The Declaration of Trust establishing the Trust, as amended and restated effective March 31, 2000, a copy of which, together with all amendments thereto (the “Declaration”), is on file in the Office of the Secretary of the Commonwealth of Massachusetts, provides that the name “PIMCO Funds” refers to the trustees under the Declaration collectively as trustees and not as individuals or personally, and that no shareholder, trustee, officer, employee or agent of the Trust shall be subject to claims against or obligations of the Trust to any extent whatsoever, but that the Trust estate only shall be liable.
If the foregoing correctly sets forth the agreement between the Trust and the Distributor, please so indicate by signing and returning to the Trust the enclosed copy hereof.
| Very truly yours, | ||
| PIMCO FUNDS | ||
| By: | ||
| Title: | President | |
| ACCEPTED: | ||
| ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC | ||
| By: | ||
| Title: | Managing Director | |
SCHEDULE A
Amended and Restated Distribution Contract
between PIMCO Funds and
Allianz Global Investors Distributors LLC (formerly PIMCO Advisors Distributors LLC)
February 26, 2008
As supplemented
August 12, 2008
This contract relates to the following Funds and Portfolios:
Funds:
| All Asset Fund | Japanese StocksPLUS TR Strategy Fund | |
| All Asset All Authority Fund | Liquid Assets Fund | |
| California Intermediate Municipal Bond Fund | Loan Obligation Fund | |
| California Short Duration Municipal Income Fund | Long Duration Fund | |
| Commercial Mortgage Securities Fund | Long Duration Total Return Fund | |
| CommodityRealReturn Strategy Fund | Long-Term U.S. Government Fund | |
| Convertible Fund | Low Duration Fund | |
| Developing Local Markets Fund | Low Duration Fund II | |
| Diversified Income Fund | Low Duration Fund III | |
| Emerging Local Bond Fund | Moderate Duration Fund | |
| Emerging Markets Bond Fund | Money Market Fund | |
| EM Fundamental IndexPLUS TR Strategy Fund | Mortgage-Backed Securities Fund | |
| European StocksPLUS TR Strategy Fund | Municipal Bond Fund | |
| Extended Duration Fund | Real Return Fund | |
| Far East (Ex-Japan) StocksPLUS TR Strategy Fund | Real Return Asset Fund | |
| Floating Income Fund | RealEstateRealReturn Strategy Fund | |
| Foreign Bond Fund (U.S. Dollar-Hedged) | RealRetirement 2010 Fund | |
| Foreign Bond Fund (Unhedged) | RealRetirement 2020 Fund | |
| Fundamental Advantage Tax Efficient Strategy Fund | RealRetirement 2030 Fund | |
| Fundamental Advantage Total Return Strategy Fund | RealRetirement 2040 Fund | |
| Fundamental IndexPLUS Fund | RealRetirement 2050 Fund | |
| Fundamental IndexPLUS TR Fund | Short Duration Municipal Income Fund | |
| Global Advantage Strategy Bond Fund | Short-Term Fund | |
| Global Bond Fund (Unhedged) | Small Cap StocksPLUS TR Fund | |
| Global Bond Fund (U.S. Dollar-Hedged) | StocksPLUS Fund | |
| Global Multi-Asset Fund | StocksPLUS Long Duration Fund | |
| GNMA Fund | StocksPLUS Municipal-Backed Fund | |
| High Yield Fund | StocksPLUS TR Short Strategy Fund | |
| High Yield Municipal Bond Fund | StocksPLUS Total Return Fund | |
| Income Fund | Total Return Fund | |
| International StocksPLUS TR Strategy Fund (U.S. Dollar-Hedged) |
Total Return Fund II | |
| International StocksPLUS TR Strategy Fund (Unhedged) | Total Return Fund III | |
| Investment Grade Corporate Bond Fund | Unconstrained Bond Fund |
Portfolios:
| Asset-Backed Securities Portfolio | Mortgage Portfolio | |
| Asset-Backed Securities Portfolio II | Mortgage Portfolio II | |
| Emerging Markets Portfolio | Municipal Sector Portfolio | |
| Developing Local Markets Portfolio | Opportunity Portfolio1 | |
| High Yield Portfolio | Real Return Portfolio | |
| International Portfolio | Short-Term Portfolio | |
| Investment Grade Corporate Portfolio | Short-Term Portfolio II | |
| Long Duration Corporate Bond Portfolio | U.S. Government Sector Portfolio | |
| Money Market Portfolio | U.S. Government Sector Portfolio II |
| 1 |
Opportunity Portfolio has not been offered to clients. |