AMENDMENT TO THE FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
AMENDMENT TO THE 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 that is a party to such agreement (each a “Customer”) dated as of June 1, 2023 (the “Agreement”).
The date of this Amendment is January 29, 2024 .
Intending to be legally bound, BNY Mellon and Customer hereby agree as follows:
| 1. | The following bullet point is hereby added beneath the Other Tax Services heading set forth under the TAX SERVICES section of Schedule I (Schedule of Services) of the Agreement: |
| • | Calculate and report daily wash sale deferrals with respect to transactions for each Series identified on Exhibit A to the Agreement as receiving such service. |
| 2. | Exhibit A to the Agreement is hereby amended and restated in its entirety as set forth in Exhibit A to this Amendment. |
| 3. | 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.
Agreed:
| The ▇▇▇▇▇ Funds | The Bank of New York Mellon | |||||||
| The ▇▇▇▇▇ Funds II | ||||||||
| The ▇▇▇▇▇ Institutional Funds | ||||||||
| ▇▇▇▇▇ Global Focus Fund | ||||||||
| The ▇▇▇▇▇ Portfolios | ||||||||
| The ▇▇▇▇▇ ETF Trust, | ||||||||
| each severally and not jointly | ||||||||
| By: | /s/ ▇▇▇▇ ▇▇▇▇▇ | By: | /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇ ▇▇▇▇▇ | Name: | ▇▇▇▇▇▇ ▇▇▇▇▇▇ | |||||
| Title: | Secretary | Title: | Managing Director | |||||
EXHIBIT A
List of Funds/Series
| Fund |
Series |
Ticker | ||
| The ▇▇▇▇▇ Funds | ▇▇▇▇▇ 35 Fund ▇▇▇▇▇ Capital Appreciation Fund* ▇▇▇▇▇ Growth & Income Fund ▇▇▇▇▇ Health Sciences Fund ▇▇▇▇▇ International Focus Fund ▇▇▇▇▇ Mid Cap Focus Fund ▇▇▇▇▇ Mid Cap Growth Fund ▇▇▇▇▇ Small Cap Focus Fund Alger Small Cap Growth Fund ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Specialized Growth 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* Alger Mid Cap Growth Institutional Fund ▇▇▇▇▇ Small Cap Growth Institutional Fund |
N/A | ||
| ▇▇▇▇▇ Global Focus 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 |
ATFV FRTY ▇▇▇▇ | ||
| * | This Series receives the service “Calculate and report daily wash sale deferrals with respect to transactions.” |