Exhibit (e)(5)
ADDENDUM NO. 4 TO THE DISTRIBUTION AGREEMENT
This Addendum, dated as of the 26 day of February 1999, is
entered into between Firstar Funds, Inc. (the "Company"), a Wisconsin
corporation, and X.X. Xxxxxxx and Company, a Wisconsin corporation ("BCZ").
WHEREAS, the Company and BCZ have entered into a Distribution Agreement
dated as of January 1, 1995 and amended as of August 1, 1995, August 15, 1997,
and December 1, 1997, (the "Distribution Agreement"), pursuant to which the
Company appointed BCZ to provide distribution services to the Company for its
Money Market Fund, U.S. Treasury Money Market Fund, U.S. Government Money Market
Fund, Tax-Exempt Money Market Fund, Short-Term Bond Market Fund, Intermediate
Bond Market Fund, Tax-Exempt Intermediate Bond Fund, Bond IMMDEX_ Fund, Balanced
Income Fund, Balanced Growth Fund, Growth and Income Fund, Equity Index Fund,
Growth Fund, Special Growth Fund, Emerging Growth Fund, MicroCap Fund, and
International Equity Fund and any other Firstar Funds that may be contemplated
(the "Funds");
WHEREAS, the Company is establishing a contingent deferred sales load
series (the "Series B Shares") for the Funds other than the money market funds
(the "CDSL Funds") and desires to retain BCZ to act as the distributor for the
Series B Shares under the Distribution Agreement; and
WHEREAS, BCZ is willing to serve as distributor for the Series B Shares;
NOW THEREFORE, the parties hereto, intending to be legally bound, hereby
agree as follows:
1. APPOINTMENT. The Company hereby appoints BCZ to act as distributor to
the Company for the Series B Shares for the period and the terms set forth
herein and in the Distribution Agreement. BCZ hereby accepts such appointment
and agrees to render the services set forth herein and in the Distribution
Agreement.
2. AMENDMENT OF SECTION 1.1(B). The following language shall be inserted
in sub-section 1.1(b) after the first sentence:
Shares sold with a contingent deferred sales charge ("CDSC;" "CDSC Shares")
shall be subject to a CDSC in connection with the redemption of such CDSC Shares
as provided for in the then current prospectuses and such CDSC shall be payable
in accordance with the then current prospectuses.
3. MISCELLANEOUS. Except to the extent amended and supplemented hereby,
the Distribution Agreement shall remain unchanged and in full force and effect
and is hereby ratified and confirmed in all respects as supplemented hereby.
IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the
date and year first above written.
FIRSTAR FUNDS, INC.
By: Xxxxxx X. Xxxxxxxxx
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Title: Assistant Treasurer
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X.X. XXXXXXX AND COMPANY
By: Xxxxxx X. Xxxxxxxxx
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Title: Senior Vice President
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