AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
EXECUTION
AMENDMENT
TO
FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
This Amendment is an amendment to the Fund Administration and Accounting Agreement between The Bank of New York Mellon (“BNY Mellon”) and each investment company referenced on the signature page thereto (each, a “Fund”) dated as of June 1, 2023 (the “Agreement”).
The effective date of this Amendment is as of January 6, 2025.
TERMS:
Intending to be legally bound, BNY Mellon and each Fund hereby agrees as follows:
| 1. | Exhibit A of the Agreement is hereby amended and restated in its entirety as set forth in Exhibit A to this Amendment. |
| 2. | The parties hereto expressly agree that this Amendment may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of this Amendment, by a manual signature on a copy of this Amendment transmitted by facsimile transmission, by a manual signature on a copy of this Amendment transmitted as an imaged document attached to an email, or by “Electronic Signature”, which is hereby defined to mean inserting an image, representation, or symbol of a signature into an electronic copy of this Amendment by electronic, digital, or other technological methods. Each counterpart executed in accordance with the foregoing will be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment or of executed signature pages to counterparts of this Amendment, in either case by facsimile transmission or as an imaged document attached to an email transmission, will constitute effective execution and delivery of this Amendment and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment. |
Each party hereto has caused this Amendment to be executed by its duly authorized representative indicated below. An authorized representative, if executing this Amendment by Electronic Signature, affirms authorization to execute this Amendment by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment and an agreement with its terms.
[signature page to follow]
Agreed:
| Each Fund identified | The Bank of New York Mellon | |||||||
| on Exhibit A attached hereto, severally | ||||||||
| and not jointly | ||||||||
| By: | /s/ ▇▇▇▇ ▇▇▇▇▇ | By: | /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇ ▇▇▇▇▇ | Name: | ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ | |||||
| Title: | Secretary | Title: | Director | |||||
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EXHIBIT A
List of Funds/Series
| FUND |
SERIES |
TICKER | ||
| The ▇▇▇▇▇ Funds | ▇▇▇▇▇ 35 Fund ▇▇▇▇▇ Capital Appreciation Fund* ▇▇▇▇▇ Growth & Income Fund ▇▇▇▇▇ Health Sciences Fund ▇▇▇▇▇ International Opportunities Fund Alger Mid Cap Focus Fund ▇▇▇▇▇ Mid Cap Growth Fund ▇▇▇▇▇ Small Cap Focus Fund ▇▇▇▇▇ Small Cap Growth Fund ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Specialized Growth Fund ▇▇▇▇▇ Concentrated Equity Fund ▇▇▇▇▇ ▇▇ Enablers & Adopters Fund |
N/A | ||
| The ▇▇▇▇▇ Funds II | ▇▇▇▇▇ Dynamic Opportunities Fund ▇▇▇▇▇ Emerging Markets Fund ▇▇▇▇▇ Responsible Investing Fund ▇▇▇▇▇ Spectra Fund |
N/A | ||
| The ▇▇▇▇▇ Institutional Funds | ▇▇▇▇▇ Capital Appreciation Institutional Fund* ▇▇▇▇▇ Focus Equity Fund ▇▇▇▇▇ Mid Cap Growth Institutional Fund ▇▇▇▇▇ Small Cap Growth Institutional Fund |
N/A | ||
| ▇▇▇▇▇ Global Equity Fund |
N/A | N/A | ||
| The ▇▇▇▇▇ Portfolios | ▇▇▇▇▇ Balanced Portfolio ▇▇▇▇▇ Capital Appreciation Portfolio ▇▇▇▇▇ Growth & Income Portfolio Alger Large Cap Growth Portfolio Alger Mid Cap Growth Portfolio ▇▇▇▇▇ Small Cap Growth Portfolio |
N/A | ||
| The ▇▇▇▇▇ ETF Trust | ▇▇▇▇▇ 35 ETF ▇▇▇▇▇ Mid Cap 40 ETF ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Enduring Growth ETF ▇▇▇▇▇ Concentrated Equity ETF ▇▇▇▇▇ ▇▇ Enablers & Adopters ETF ▇▇▇▇▇ ▇▇▇▇▇▇▇ Innovation ETF |
ATFV FRTY AWEG CNEQ ALAI INVN | ||
| * | This Series receives the service “Calculate and report daily wash sale deferrals with respect to transactions.” |
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