Exhibit 9(o)
THIRD AMENDMENT TO PEGASUS FUNDS AGENCY AGREEMENT
THIS AMENDMENT, dated as of the 1st day of January, 1998 by and between
Pegasus Funds (the "Trust") and Xxxxxx Fiduciary Trust Company ("PFTC") as
parties to the Pegasus Funds Agency Agreement (the "Agreement") effective
January 1, 1998.
WHEREAS, the Trust and PFTC entered into an agreement dated November 1,
1996 with regard to certain employee benefit, profit-sharing and retirement
plans for which PFTC now performs or intends to perform administrative services
(the "Plan"); and
WHEREAS, the Trust and PFTC desire to amend said Agreement to allow PFTC to
receive electronic versions of Fund prospectus(es).
NOW THEREFORE, pursuant to Section 10 of the Agreement, the Trust and PFTC
hereby amend the Agreement as follows:
1. Section 2.10 of the Agreement shall be deleted in its entirety and the
following language inserted in lieu thereof:
"In accordance with the procedures established from time to time by
agreement of the parties hereto, the Trust shall promptly furnish to PFTC in the
frequency requested, for each Fund:
a. copies of prospectuses, financial statements, reports or other
materials relating to each Fund, and updates of such materials, in the
quantity requested by PFTC, as such updates become available and as
required by law; and
b. performance data for each Fund, including without limitation,
standardized performance information, total return and current yield
information computed in accordance with SEC rules and other performance
information as the PFTC may reasonably request.
c. Such copies and performance data as described in subsections (a) and
(b) above (collectively "Fund Information") may be received by PFTC through
electronic means or in disk format. PFTC is authorized to distribute such
Fund Information to the Plan and plan participants via the Internet, other
electronic means or hard copy as long as it complies with SEC rules and
regulations regarding electronic delivery applicable to such distribution.
d. With respect to the Fund Information received electronically or in
disk format, PFTC represents, warrants and covenants that it shall not
alter in any way such Fund Information provided by the Trust and shall
promptly make available updated Fund Information after PFTC receives such
Fund Information from the Trust in the format specified in subsection (c)
above. The Trust represents, warrants and covenants that Fund Information
shall be promptly delivered electronically or in disk format to PFTC."
The Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the Trust and PFTC have caused this Amendment to be
executed by their duly authorized officers effective as of the day and year
first above written.
XXXXXX FIDUCIARY TRUST PEGASUS FUNDS
COMPANY
By: /s/ Xxxxxxx Xxxxxxx Title: /s/ D'Xxx Xxxxx
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Title: Managing Director Title: Treasurer
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Date: January 5, 1998 Date: 12-23-97
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