NINTH AMENDMENT TO BUILDERS FIXED INCOME FUND, INC. DISTRIBUTION COORDINATION AGREEMENT
NINTH
AMENDMENT TO
BUILDERS
FIXED INCOME FUND, INC.
This Ninth Amendment to the
Distribution Coordination Agreement (“Amendment”) is effective as of January 1,
2008 by and between Builders Fixed Income Fund, Inc., a Maryland corporation
(the “Fund”), and Capital Mortgage Management, Inc., a Delaware corporation (the
“Distribution Coordinator”).
WHEREAS, the Fund and the Distribution
Coordinator entered into a Distribution Coordination Agreement effective as of
November 1, 1999, as subsequently amended (as amended, the “Agreement”) and they
desire to amend the Agreement as provided herein;
NOW THEREFORE, in consideration of the
mutual covenants and promises set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:
1. Amendment. The first
sentence of Section 4 is hereby replaced in its entirety with the
following:
The
Manager, as Distribution Coordinator, hereby agrees to waive its distribution
fees and/or reimburse expenses so that total operating expenses of the Fund,
excluding interest, taxes, brokerage fees and commissions; indirect costs (such
as fees and expenses of acquired funds) and extraordinary expenses (including
but not limited to legal claims and liabilities and litigation costs and any
indemnification related thereto); do not exceed 0.60% of the Fund’s average
daily net assets during the fiscal year ending December 31, 2008.
2. Ratification and
Confirmation of Agreement. Except as specifically set forth
herein, the Agreement is hereby ratified and confirmed in all respects and shall
remain in full force and effect.
3. Counterparts. This
Amendment may be executed in counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same
instrument.
4. Defined
Terms. Any capitalized word not otherwise defined in this
Amendment shall have the meaning given to such word in the
Agreement.
5. Modification and Governing
Law. This Amendment may not be modified except by a writing
signed by authorized representatives of the parties to this
Amendment. This Amendment shall be governed by and construed and
interpreted in accordance with the laws of the State of
Missouri.
IN WITNESS WHEREOF, the parties have
executed this Amendment effective as of the date first above
written.
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BUILDERS
FIXED INCOME FUND, INC.
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CAPITAL
MORTGAGE MANAGEMENT, INC.
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/s/Xxxx
X. Xxxxxxx
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/s/Xxxx
X. Xxxxxxx
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By:
Xxxx X. Xxxxxxx
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By:
Xxxx X. Xxxxxxx
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Title:
President and Chairman
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Title:
President and Chairman
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