FORM OF SUBSCRIPTION AGREEMENTSubscription Agreement • July 25th, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund)
Exhibit 99(h)(1) Old Mutual/Claymore Long-Short Fund (a Massachusetts business trust) [ ] Common Shares of Beneficial Interest (Par Value $.01 per Share) FORM OF PURCHASE AGREEMENTOld Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • July 25th, 2005 • New York
Exhibit 99(h)(5) FORM OF ADDITIONAL COMPENSATION AGREEMENT ADDITIONAL COMPENSATION AGREEMENT (the "Agreement"), dated as of August [ ], 2005, between [ ] ("[ ] ") and Claymore Advisors, LLC ("Claymore"). WHEREAS, Old Mutual/Claymore Long-Short Fund...Compensation Agreement • August 22nd, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • New York
JULY 18, 2005Agreement and Declaration of Trust • July 25th, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • Massachusetts
Exhibit-99(k)(2) ADMINISTRATION AGREEMENT AGREEMENT made as of __________, 2005, by and between each entity listed on Exhibit A hereto (each, a "Fund"; collectively, the "Funds"), and The Bank of New York, a New York banking organization (the...Administration Agreement • August 22nd, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • New York
WITNESSETH:Manager Agreement • August 22nd, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • New York
CUSTODY AGREEMENTCustody Agreement • March 20th, 2017 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • New York
AGREEMENT, dated as of March 20, 2017 between Guggenheim Enhanced Equity Income Fund, a fund organized and existing under the laws of the State of Delaware having its principal office and place of business at 227 West Monroe Street, Chicago, Illinois 60606 (the “Fund”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business having its principal office and place of business at 101 Barclay 11E, New York, New York 10286 (“Custodian”).
Exhibit 99(h)(4) ADDITIONAL COMPENSATION AGREEMENT ADDITIONAL COMPENSATION AGREEMENT (the "Agreement"), dated as of August [ ], 2005, between Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill Lynch") and Claymore...Additional Compensation Agreement • July 25th, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • New York
Guggenheim Enhanced Equity Income Fund Amended and restated Agreement and Declaration of TrustAgreement and Declaration of Trust • March 16th, 2021 • Guggenheim Enhanced Equity Income Fund • Delaware
AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made as of the 27th day of August, 2020 by the Trustees hereunder, and by the holders of shares of beneficial interest issued hereunder as hereinafter provided.
ARTICLE 1 AGREEMENT AND DECLARATION OF TRUST AND PRINCIPAL OFFICEAnalytic Covered Call Plus Fund • December 10th, 2004
AMENDED AND RESTATED BYLAWS of GUGGENHEIM ENHANCED EQUITY INCOME FUND (Dated as of March 7, 2011)Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • March 9th, 2011
FOREIGN CUSTODY MANAGER AGREEMENTForeign Custody Manager Agreement • March 20th, 2017 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • New York
AGREEMENT made as of March 20, 2017 by and between Guggenheim Enhanced Equity Income Fund, a Delaware statutory trust (the “Fund”) and The Bank of New York Mellon (“BNY”).
INVESTMENT SUB-ADVISORY AGREEMENTInvestment Sub-Advisory Agreement • March 20th, 2017 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • Delaware
THIS INVESTMENT SUB-ADVISORY AGREEMENT (the “Agreement”), dated as of March 20, 2017, among Guggenheim Enhanced Equity Income Fund, a Delaware statutory trust (the “Trust”), Guggenheim Funds Investment Advisors, LLC, a Delaware limited liability company (the “Adviser”), and Guggenheim Partners Investment Management, LLC, a Delaware limited liability company (the “Sub-Adviser”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • March 20th, 2017 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • Delaware
THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”), dated as of March 20, 2017, between Guggenheim Enhanced Equity Income Fund, a Delaware statutory trust (the “Trust”), and Guggenheim Funds Investment Advisors, LLC, a Delaware limited liability company (the “Adviser”).
Exhibit 99(h)(3) MASTER AGREEMENT AMONG UNDERWRITERS MERRILL LYNCH & CO. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED Merrill Lynch World Headquarters North Tower World Financial Center New York, NY 10281-1305 Dear Sirs: We understand that from...Master Agreement • July 25th, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • New York
FORM OF INVESTMENT ADVISORY AGREEMENTForm of Investment Advisory Agreement • July 25th, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • Massachusetts
FUND ADMINISTRATION AGREEMENTFund Administration Agreement • September 1st, 2016 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • Delaware
AGREEMENT made as of this 14th day of May, 2013, by and between each closed-end registered investment company listed on Schedule A hereto (as amended from time to time), (each individually referred to below as a “Trust”) and Rydex Fund Services, LLC (“RFS” or the “Administrator”), a Maryland limited liability company having its principal place of business at 805 King Farm Boulevard, Rockville, MD 20850.
APRIL 7, 2005Agreement and Declaration of Trust • July 25th, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • Massachusetts
NON-PROFILE STOCK TRANSFER AGENCY AGREEMENTStock Transfer Agency Agreement • August 22nd, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • New York
REVISED JULY 16, 2001 [LOGO] MERRILL LYNCH & CO. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED MERRILL LYNCH WORLD HEADQUARTERS 4 WORLD FINANCIAL CENTER NEW YORK, N.Y. 10800 STANDARD DEALER AGREEMENT Dear Sirs: In connection with public offerings...Dealer Agreement • July 25th, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund)
FORM OF INVESTMENT SUB-ADVISORY AGREEMENTForm of Investment Sub-Advisory Agreement • July 25th, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • Massachusetts
ARTICLE I DEFINITIONSCustody Agreement • August 22nd, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • New York
AMENDMENT TO FUND ADMINISTRATION AGREEMENTFund Administration Agreement • October 7th, 2016 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund)
This AMENDMENT (this “Amendment”) is made and entered into, as of this 20th day of July, 2016, by and between Rydex Fund Services, LLC (“RFS”) and each of Fiduciary/Claymore MLP Opportunity Fund (FMO); Guggenheim Build America Bonds Managed Duration Trust (GBAB); Guggenheim Energy & Income Fund (GEI); Guggenheim Equal Weight Enhanced Equity Income Fund (GEQ); Guggenheim Enhanced Equity Strategy Fund (GGE); Guggenheim Credit Allocation Fund (GGM); Guggenheim Strategic Opportunities Fund (GOF); and Guggenheim Enhanced Equity Income Fund (GPM) (each a “Trust” and collectively, the “Trusts”).
AMENDMENT TO FUND ACCOUNTING AGREEMENTFund Accounting Agreement • October 7th, 2016 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund)
This AMENDMENT (this “Amendment”) is made and entered into, as of this 20th day of July, 2016, by and between Rydex Fund Services, LLC (“RFS”) and Guggenheim Enhanced Equity Income Fund (the “Trust”).
Exhibit K.4 FUND ACCOUNTING AGREEMENT AGREEMENT made as of this __ day of ________, 2005 by and between Old Mutual/Claymore Long-Short Fund, a Massachusetts business trust (hereinafter called the "Fund") and The Bank of New York, a New York...Fund Accounting Agreement • August 29th, 2005 • Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund) • New York
Transfer Agency and Service Agreement Between Each of the Guggenheim Closed-End Investment Companies Listed on Schedule 1 Attached Hereto and Computershare Inc. and Computershare Trust Company, N.A.Agency and Service Agreement • September 1st, 2016 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • New York
THIS TRANSFER AGENCY AND SERVICE AGREEMENT, effective as of December 1, 2015 ("Effective Date"), is by and among each of the Guggenheim closed-end investment companies listed on Schedule 1 attached hereto, as may be amended from time to time (each a "Fund" and collectively the "Funds") and each having its principal office and place of business at 227 West Monroe Street, Chicago, IL 60606, and Computershare Inc., a Delaware corporation ("Computershare"), and its fully owned subsidiary Computershare Trust Company, N.A., a federally chartered trust company ("Trust Company", and together with Computershare, "Agent"), each having a principal office and place of business at 250 Royall Street, Canton, Massachusetts 02021.
FOUR TIMES SQUAREGuggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • March 20th, 2017
We have acted as special counsel to Guggenheim Enhanced Equity Income Fund, a registered diversified closed-end investment company organized as a Delaware statutory trust (the “Acquiring Fund”) and Guggenheim Equal Weight Enhanced Equity Income Fund, a registered diversified closed-end investment company organized as a Delaware statutory trust (the “Target Fund”) in connection with the Agreement and Plan of Merger, dated as of October 5, 2016 (the “Agreement”) between the Acquiring Fund and the Target Fund which, among other things, provides for the merger of the Target Fund with and into the Acquiring Fund, with the Acquiring Fund being the surviving entity and holders of common shares of the Target Fund (the “Target Fund Shares”) receiving, in cancellation of their Target Fund Shares, solely common shares of the Acquiring Fund (collectively, the “Reorganization”). You have requested our opinion regarding whether the Reorganization will be treated for U.S. federal income tax purposes
Guggenheim Enhanced Equity Income Fund Agreement and Declaration of Trust Dated as of October 4, 2016Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • March 20th, 2017 • Delaware
AGREEMENT AND DECLARATION OF TRUST made as of the 4th day of October, by the Trustees hereunder, and by the holders of shares of beneficial interest issued hereunder as hereinafter provided.
AMENDMENT No. 4 TO COMMITTED FACILITY AGREEMENTCommitted Facility Agreement • September 1st, 2016 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • New York
AMENDMENT AGREEMENT (the “Amendment”), dated as of August 1, 2014 to the Committed Facility Agreement, dated as of June 18, 2010 (as amended from time to time, the “Agreement”) between BNP Paribas Prime Brokerage, Inc. (“BNPP PB, Inc.”) and Guggenheim Enhanced Equity Income Fund (formerly known as Old Mutual/ Claymore Long-Short Fund, hereinafter, the “Customer”).
GUGGENHEIM ENHANCED EQUITY INCOME FUNDGuggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • March 20th, 2017
Reference is made to the Fund Administration Agreement, dated May 14, 2013 (the “Agreement”), by and between the closed-end registered investment companies listed on Schedule A hereto and Rydex Fund Services, LLC (the “Prior Administrator”), as amended and adopted by MUFG Investor Services (US) LLC (the “Administrator”) on July 20, 2016. In accordance with Section 8 of the Agreement, Guggenheim Enhanced Equity Income Fund, a Delaware statutory trust (the “Fund”) hereby appoints the Administrator and shall become a Trust (as such term is defined in the Agreement) and be bound by all terms, conditions, and provisions hereof, effective as of the date hereof. Schedule A of the Agreement shall be updated accordingly.
FIRST AMENDMENT TO THE TRANSFER AGENCY AND SERVICE AGREEMENTThe Transfer Agency and Service Agreement • March 20th, 2017 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund)
This First Amendment (“Amendment”), effective as of March 20, 2017 (“Effective Date”) is to the Transfer Agency and Service Agreement (the “Agreement”) made as of December 1, 2015 by and between each of the Guggenheim closed-end investment companies listed on Schedule 1 attached hereto, as may be amended from time to time (each a "Fund" and collectively the "Funds”), and Computershare Inc. (“Computershare”) and Computershare Trust Company N.A., (“Trust Company”, and together with Computershare, “Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement.
AMENDMENT No. 1 TO SPECIAL CUSTODY AND PLEDGE AGREEMENTSpecial Custody and Pledge Agreement • September 1st, 2016 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • New York
In connection with that certain Special Custody and Pledge Agreement (the "Agreement"), dated as of June 18, 2010, by and among Guggenheim Enhanced Equity Income Fund (formerly known as Old Mutual/Claymore Long Short-Fund, hereinafter the "Counterparty"), BNP Paribas Prime Brokerage, Inc. ("BNPP PB, Inc.") and The Bank of New York Mellon ("Custodian"), Counterparty, BNPP PB, Inc. and Custodian agree to the following amendment. Any capitalized terms not defined herein shall have the meanings given them in the Agreement.
ContractPb Agreement • September 1st, 2016 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • New York
This U.S. PB Agreement (including all terms, schedules, supplements and exhibits attached hereto, this "Agreement") is entered into between the customer specified below ("Customer") and BNP Paribas Prime Brokerage, Inc. ("BNPP PB, Inc.") on behalf of itself and as agent for the BNPP Entities (as defined in the Account Agreement attached as Exhibit A hereto). The Agreement sets forth the terms and conditions on which BNPP PB, Inc. will transact business with Customer. Customer and BNPP PB, Inc., on behalf of itself and as agent for the BNPP Entities, have also entered into the Account Agreement.
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • September 1st, 2016 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • Massachusetts
THIS INVESTMENT ADVISORY AGREEMENT (the "Agreement"), dated as of February 18, 2010, between Old Mutual/Claymore Long-Short Fund, a Massachusetts business trust (the "Trust"), and Claymore Advisors, LLC, a Delaware limited liability company (the "Adviser").
AMENDMENT No. 1 TO U.S. PB AGREEMENTPb Agreement • September 1st, 2016 • Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund) • New York
AMENDMENT AGREEMENT (the "Amendment"), dated as of March 13, 2015 to the U.S. PB Agreement, dated as of June 18, 2010, as may be amended from time to time (the "Agreement") between BNP Paribas Prime Brokerage, Inc. ("BNPP PB, Inc.") and Guggenheim Enhanced Equity Income Fund (formerly Old Mutual/Claymore Long-Short Fund) (the "Customer").
