LOCORR INVESTMENT TRUST THIRD AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
THIRD AMENDMENT TO THE
THIS THIRD AMENDMENT dated as of the 10th day of May, 2013, to the Fund Accounting Servicing Agreement dated as of February 14, 2011, amended December 2, 2011 and April 11, 2013 (the “Agreement”), is entered into by and between LOCORR INVESTMENT TRUST, an Ohio business trust (the "Trust") and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company ("USBFS").
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the parties desire to amend the fees and the length of the Agreement; and
WHEREAS, Section 15 of the Agreement allows for its amendment by a written instrument executed by both parties and authorized or approved by the Board of Trustees.
NOW, THEREFORE, the parties agree as follows:
▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇ of Agreement; Amendment and Section 17, Early Termination shall be superseded and replaced with the following:
15. Term of Agreement; Amendment
This Agreement shall become effective as of May 10, 2013 and will continue in effect for a period of three (3) years. This Agreement may be terminated by either party upon giving 90 days prior written notice to the other party or such shorter period as is mutually agreed upon by the parties. Notwithstanding the foregoing, this Agreement may be terminated by any party upon the breach of the other party of any material term of this Agreement if such breach is not cured within 15 days of notice of such breach to the breaching party. This Agreement may not be amended or modified in any manner except by written agreement executed by USBFS and the Trust, and authorized or approved by the Board of Trustees.
17. Early Termination
In the absence of any material breach of this Agreement or complete liquidation and termination of the Trust, should the Trust elect to terminate this Agreement prior to the end of the term, the Trust agrees to pay the following fees:
|
a.
|
all monthly fees through the life of the Agreement, including the rebate of any negotiated discounts;
|
|
b.
|
all fees associated with converting services to successor service provider;
|
1
|
c.
|
all fees associated with any record retention and/or tax reporting obligations that may not be eliminated due to the conversion to a successor service provider;
|
|
d.
|
all out-of-pocket costs associated with a-c above.
|
Exhibit B of the Agreement is hereby superseded and replaced with Amended Exhibit B attached hereto.
Except to the extent supplemented hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
| LOCORR INVESTMENT TRUST | U.S. BANCORP FUND SERVICES, LLC |
| By: /s/ ▇▇▇ ▇. ▇▇▇▇▇ | By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
| Name: ▇▇▇ ▇. ▇▇▇▇▇ | Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
| Title:COO/Trustee | Title: Executive Vice President |
2
Amended Exhibit B to the Fund Accounting Servicing Agreement - LoCorr Investment Trust
|
FUND ACCOUNTING, FUND ADMINISTRATION, PORTFOLIO COMPLIANCE, AND
COMPLIANCE SUPPORT SERVICES
|
|
Annual Fee Based Upon Average Net Assets Per Fund*
.09% (9 basis points) on the first $xxx million
.07% (7 basis points) on the next $ xxx million
.05% (5 basis points) on the balance
Minimum annual fee: $ xxx per fund
§ Base fee of $ xxx for each additional class
§ Base fee of $ xxx per additional manager / sub-advisor requiring individual reporting. (If all reporting is at fund level, no sub-advisor charges apply. If sub-advisor reporting is necessary, this fee will be waived for the first year of operation.
Chief Compliance Officer Support Fee (Fund Complex)*
§ $ xxx /year
Out-Of-Pocket Expenses
Including but not limited to pricing services, corporate action services, fair value pricing services, factor services, customized reporting, third-party data provider costs, postage, stationery, programming, special reports, proxies, insurance, ▇▇▇▇▇ filing, retention of records, federal and state regulatory filing fees, expenses from Board of directors meetings, third party auditing and legal expenses, wash sales reporting (GainsKeeper), conversion expenses (if necessary), and CCO team travel related costs to perform due diligence reviews at advisor or sub-advisor facilities.
Services Included
§ Daily Performance Reporting
§ Advisor Information Source Web Portal
Additional Services
Available but not included above are the following services – Daily compliance testing (▇▇▇▇▇▇▇ River), Section 15(c) reporting, equity attribution, electronic Board materials, and additional services mutually agreed upon.
*Subject to annual CPI increase, Milwaukee MSA.
Fees are billed monthly.
|
3
Amended Exhibit B (continued) to the Fund Accounting Servicing Agreement - LoCorr Investment Trust
|
FUND ACCOUNTING
PRICING AND FACTOR SERVICES
|
|
Pricing Services
§ $ xxx Domestic and Canadian Equities/Options
§ $ xxx Corp/Gov/Agency Bonds/International Equities/Futures/Currency Rates
§ $ xxx CMOs/Municipal Bonds/Money Market Instruments/International Bonds
§ $ xxx - Bank Loans
§ $ xxx - Credit Default Swaps/Swaptions
§ $ xxx - Basic Interest Rate Swaps
§ $ xxx /Fund per Month - Mutual Fund Pricing
§ $ xxx /Foreign Equity Security per Month for Corporate Action Service
§ $ xxx /Domestic Equity Security per Month for Corporate Action Service
§ $ xxx /Month Manual Security Pricing (>10/day)
Factor Services (BondBuyer)
§ $ xxx /CMO/Month
§ $ xxx /Mortgage Backed/Month
§ $ xxx /Month Minimum/Fund Group
Fair Value Services (Interactive Data)
§ $ xxx on the First 100 Securities/Day
§ $ xxx on the Balance of Securities/Day
NOTE: Prices above are based on using IDC as the primary pricing service and are subject to change. Use of alternative sources may result in additional fees.
|
4