EX-99.(H)(7)(IX) 10 tm243298d1_ex99-xhx7xix.htm EXHIBIT 99.(H)(7)(IX)

 

Exhibit 99.(h)(7)(ix)

 

AMENDMENT NO. 1 TO FUND OF FUNDS INVESTMENT AGREEMENT

 

This Amendment No. 1 to Fund of Funds Investment Agreement (this “Amendment”), dated as of June 15, 2023, is made by and between each Acquiring Fund listed on Schedule A of the Agreement, severally and not jointly (each, an “Acquiring Fund”) and each Acquired Fund listed on Schedule A of the Agreement, severally and not jointly (each, an “Acquired Fund” and together with the Acquiring Funds, the “Funds”). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement.

 

WHEREAS, the Acquired Funds and the Acquiring Funds are parties to that certain Participation Agreement dated effective November 1, 2022 (the “Agreement”);

 

WHEREAS, the parties agree to revise Schedule A setting forth the Funds covered by the Agreement; and

 

WHEREAS, the parties now desire to modify the Agreement as provided herein.

 

NOW, THEREFORE, for good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), and intending to be legally bound, the parties agree as follows:

 

1.Schedule A of the Agreement is hereby deleted in its entirety and replaced with the attached Schedule A.

 

2.In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment shall control and the Agreement shall be interpreted on that basis. To the extent the provisions of the Agreement have not been amended by this Amendment, the parties hereby confirm and ratify the Agreement.

 

3.This Amendment may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one instrument.

 

 

 

 

[Signature Pages Follow]

 

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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first listed above.

 

 

 

AMERICAN CENTURY ETF TRUST,

on behalf of each Acquired Fund listed on

Schedule A (except for the Small Cap

Growth Fund, Short Duration Fund,

Diversified Bond Fund and Ultra Fund),

Severally and Not Jointly


By: /s/Patrick Bannigan
        Name: Patrick Bannigan
        Title: President

 

PACIFIC SELECT FUND, on behalf of

each Acquiring Fund listed on Schedule A,

Severally and Not Jointly


By: /s/ Howard T. Hirakawa
        Name: Howard T. Hirakawa
        Title: Senior Vice President

AMERICAN CENTURY INVESTMENT

TRUST, on behalf of the Short Duration

Fund and Diversified Bond Fund, Severally

and Not Jointly



By: /s/Patrick Bannigan
        Name: Patrick Bannigan
        Title: President

 

 

 

AMERICAN CENTURY MUTUAL

FUNDS, INC., on behalf of the Small Cap

Growth Fund and Ultra Fund, Severally and

Not Jointly



By: /s/Patrick Bannigan
        Name: Patrick Bannigan
        Title: President

 

 

 

 

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SCHEDULE A

 

Parties to the Agreement

 

 

Acquiring Funds

 

Fund Ticker
PSF Avantis Balanced Allocation Portfolio N/A

 

 

Acquired Funds

 

Fund Ticker
Avantis® U.S. Equity ETF AVUS
Small Cap Growth Fund ANONX
Avantis® U.S. Small Cap Value ETF AVUV
Avantis® International Equity ETF AVDE
Avantis® Emerging Markets Equity ETF AVEM
Avantis® Real Estate ETF AVRE
Avantis Short-Term Fixed Income ETF AVSF
Short Duration Fund ASHHX
Avantis Core Fixed Income ETF AVIG
American Century Diversified Corporate Bond ETF KORP
Diversified Bond Fund ACBPX
Ultra Fund TWUIX

 

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