Exhibit 2.j.(3)
SECOND AMENDMENT TO CUSTODIAN CONTRACT
Amendment dated May 15, 2001, to the custody contract (the "Custodian
Contract"), dated August 17, 2000, as amended, by and between State Street Bank
and Trust Company (the "Custodian") and Munder @Vantage Fund ("Fund").
WHEREAS the Custodian serves as the custodian of the Fund's assets pursuant
to the Custodian Contract;
WHEREAS the Fund may appoint one or more banks identified on Schedule A to
this Amendment, as amended from time to time, to serve as additional custodians
for the Fund (each, a "Repo Custodian") for the limited purpose of the Fund's
engaging in tri-party repurchase agreement transactions ("Tri-Party Repos");
WHEREAS the Fund may direct the Custodian to make "free delivery" to one or
more Repo Custodians of cash or other assets maintained in custody by the
Custodian for the Fund pursuant to the Custodian Contract for purposes of
engaging in Tri-Party Repos; and
WHEREAS the Custodian and the Fund desire to amend the Custodian Contract
to permit the Custodian to make "free delivery" of cash and other assets of the
Fund to Repo Custodians from time to time;
NOW THEREFORE, the Custodian and the Fund hereby agree to amend the
Custodian Contract by adding the following provisions thereto:
1. Notwithstanding anything to the contrary in the Custodian
Contract, upon receipt of Proper Instructions (as defined in the Custodian
Contract), the Custodian shall deliver cash and/or other assets of the Fund to
any account maintained for the Fund by a Repo Custodian listed on Schedule A
attached hereto, which delivery may be made without contemporaneous receipt by
the Custodian of cash or other assets in exchange therefor. Upon such delivery
of cash or other assets in accordance with such Proper Instructions, the
Custodian shall have no further responsibility or obligation to the Fund as a
custodian of the Fund with respect to the cash or assets so delivered. In
preparing reports of monies received or paid out of the Fund or of assets
comprising the Fund, the Custodian shall be entitled to rely upon information
received from time to time from the Repo Custodian and shall not be responsible
for the accuracy or completeness of such information included in the Custodian's
reports until such assets are received by the Custodian.
2. The Fund may amend Schedule A of this Amendment from time to time to
add or delete a Repo Custodian or to change the identification of the account by
a Repo Custodian for the Fund by delivering Special Instructions (as defined
herein) to the Custodian. The term "Special Instructions" shall mean written
instructions executed by two officers of the Fund, one of whom holds the office
of Vice President. Except as
specifically superseded or modified in this Amendment, the terms and provisions
of the Custodian Contract shall apply with full force and effect, and the
Custodian and the Fund shall perform their respective obligations in accordance
with the terms thereof.
EXECUTED to be effective as of the date set forth above.
MUNDER @VANTAGE FUND
By: /s/ Xxxxxxx X. Xxxxxxxxxxx
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Name: Xxxxxxx X. Xxxxxxxxxxx
Title: Vice President and Secretary
STATE STREET BANK AND TRUST COMPANY
By: /s/ Xxxxxx X. Xxxxxx
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Name: Xxxxxx X. Xxxxxx
Title: Executive Vice President
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SCHEDULE A
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Dated: May 15, 2001
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to
Amendment dated May 15, 2001, to Custodian Contract
Of August 17, 2000, between
State Street Bank and Trust Company and
Munder @Vantage Fund
TRI-PARTY REPO CUSTODIAN BANKS ACCOUNT NUMBERS
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The Bank of New York 000000000
The Chase Manhattan Bank 000000000
Authorized Signatures:
By: By: /s/ Xxxxxxx X. Xxxxxxxxxxx
---------------------------------
Title: Title: Vice President and Secretary
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Date: Date:
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