EX-99.E UNDR CONTR 7 trust20091105amenddistributi.htm Monetta Trust Distribution Agreement

Exhibit (e)(4)


MONETTA TRUST

AMENDMENT TO THE DISTRIBUTION AGREEMENT


THIS AMENDMENT dated as of the 5th day of  November, 2009 , to the Distribution Agreement dated as of May 1, 2002, as amended, is entered into by and among Monetta Trust, a Massachusetts business trust (the “Trust”), Monetta Financial Services, Inc.,  a Delaware corporation, (the “Adviser”) and Quasar Distributors, LLC, a Delaware limited liability company (the “Distributor”).


RECITALS


WHEREAS, the parties have entered into a Distribution Agreement dated as of May 1, 2002, as amended,  (the “Agreement”); and


WHEREAS, the Trust, the Adviser and the Distributor desire to amend said Agreement to apply to a change in the fee schedule; and


WHEREAS, Section 9, paragraph B of the Agreement allows for its amendment by a written instrument executed by all parties.


NOW, THEREFORE, the parties agree as follows:


Exhibit B of the Agreement is hereby superseded and replaced with Exhibit B attached hereto.


Except to the extent amended hereby, the Agreement shall remain in full force and effect.


IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.


MONETTA TRUST

 

MONETTA FINANCIAL SERVICES, INC.


By:  /S/ Robert S. Bacarella

By:  /S/ Robert S. Bacarella


Printed Name:  Robert S. Bacarella                Printed Name:  Robert S. Bacarella


Title:  President

Title:  President


QUASAR DISTRIBUTORS, LLC


By:  /S/ James R. Schoenike


Printed Name:   James R. Schoenike

 

Title:  President



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Exhibit B to the Distribution Agreement – Monetta Trust


QUASAR DISTRIBUTORS, LLC

REGULATORY DISTRIBUTION SERVICES

FEE SCHEDULE - October 1, 2009


Funds Covered under Fee Schedule

Monetta Fund, Orion/Monetta Intermediate Bond Fund, Monetta Trust Government Money Market Fund, Monetta Trust MidCap Equity Fund and Monetta Young Investor Fund


Regulatory Distribution Annual Services Per Fund*


·

Fee at the annual rate of .01 of 1% (one basis point) of the Fund’s (effective for assets over $150 million, cumulative for Monetta Fund and Monetta Trust, all funds) average daily net assets, payable monthly in arrears


·

10/01/09 – 12/31/09   Minimum annual fee  - $25,000 for the 5 funds listed above (less 10% discount for period 10/01/09 to 12/31/2009 to reduce minimum annual fee to $22,500)


·

Effective 01/01/10      Minimum annual fee - $20,000 for 4 Funds- Monetta Fund, Orion/Monetta Intermediate Bond Fund, MidCap Equity, &Young Investor Fund.   (Government Money Market closed 12/18/09)

Advertising Compliance Review/FINRA Filings

·

$175 per job for the first 10 pages (minutes if tape or video); $20 per page (minute if tape or video) thereafter (includes FINRA filing fee)

·

Non-FINRA filed materials, e.g. Internal Use Only Materials

$75 per job for the first 10 pages (minutes if tape or video)

·

FINRA Expedited Service for 3 Day Turnaround

$1,000 for the first 10 pages (minutes if audio or video); $25 per page (minute if audio or video) thereafter.  (Comments are faxed.  FINRA may not accept expedited request.)


Licensing of Investment Advisor’s Staff (if required)

·

$ 2,500 per year per registered representative

·

Quasar is limited to these licenses for sponsorship:  Series, 6, 7, 24, 26, 27, 63, 66

·

Plus any FINRA and state fees for registered representatives, including license and renewal fees.


Fund Fact Sheets

·

Design - $1,000 per fact sheet, includes first production

·

Production - $500.00 per fact sheet per production period

·

All printing costs are out-of-pocket expenses, and in addition to the design fee and production fee.


Plus Out-Of-Pocket Expenses – Including but not limited to typesetting, printing and distribution of prospectuses and shareholder reports, production, printing, distribution and placement of advertising and sales literature and materials, engagement of designers, free-lance writers and public relations firms, long-distance telephone lines, services and charges, postage, overnight delivery charges, FINRA registration fees, record retention, travel, lodging and meals and all other out-of-pocket expenses.


Fees are billed monthly.

*Subject to annual CPI increase, Milwaukee MSA.



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Exhibit B (continued) to the Distribution Agreement – Monetta Trust


CHIEF COMPLIANCE OFFICER

SUPPORT SERVICES

FEE SCHEDULE – October 1, 2009 to December 31, 2010


Chief Compliance Officer Support Services

U.S, Bancorp provides support to the Chief Compliance Officer (CCO) of each fund serviced either by U.S. Bancorp Fund Services, LLC or Quasar Distributors, LLC.  Indicated below are samples of functions performed by USBFS in this CCO support role:

Business Line Functions Supported

Fund Administration and Compliance

Transfer Agent and Shareholder Services

Fund Accounting

Custody Services

Securities Lending Services

Distribution Services

Daily Resource to Fund CCO, Fund Board, Advisor

Provide USBFS/USB Critical Procedures & Compliance Controls

Daily and Periodic Reporting

Periodic CCO Conference Calls

Dissemination of Industry/Regulatory Information

Client & Business Line CCO Education & Training

Due Diligence Review of USBFS Service Facilities

Quarterly USBFS Certification

Board Meeting Presentation and Board Support

Testing, Documentation, Reporting


Annual Fee Schedule*

·

$1,200 per service per year

 

Fees are billed monthly.

*Subject to annual CPI increase, Milwaukee MSA.




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