EX-99.H42 2 d807270dex99h42.htm SECOND AMENDMENT TO AMENDED AND RESTATED INVESTMENT CONSULTANT AGREEMENT BETWEEN Second Amendment to Amended and Restated Investment Consultant Agreement between

SECOND AMENDMENT TO

AMENDED AND RESTATED INVESTMENT CONSULTANT AGREEMENT

This Second Amendment to the Amended and Restated Investment Consultant Agreement (this “Second Amendment”) is by and between AMERICAN FIDELITY ASSURANCE COMPANY (“Company”) and INVESTRUST CONSULTING, LLC (“Consultant”), and amends that certain Amended and Restated Investment Consultant Agreement, effective as of October 30, 2017, as amended by the First Amendment to Amended and Restated Investment Consultant Agreement, effective as of October 1, 2020 (the Amended and Restated Investment Consultant Agreement, as may be amended from time to time, the “Agreement”). Capitalized terms not defined herein shall have the meaning assigned to such terms in the Agreement. Company and Consultant now wish to amend the Agreement as described herein.

AGREEMENT

NOW, THEREFORE, and in consideration for the mutual agreements contained herein, Company and Consultant hereby agree as follows:

1. Effective Date. The effective date of this Second Amendment shall be October 1, 2023.

2. Amendment; Term. The Agreement is hereby amended to provide that the Agreement shall continue and remain in full force and effect until September 30, 2026, unless earlier terminated by either party upon written notice to the other.

3. Ratification. The parties agree that the Agreement continues in full force and effect, and each of Company and Consultant ratify their obligations thereunder.

IN WITNESS WHEREOF, the parties execute this Second Amendment as of the date first above written.

 

AMERICAN FIDELITY

ASSURANCE COMPANY

    INVESTRUST CONSULTING, LLC
By:   /s/ Ronald J. Byrne           By:    /s/ Mark Williams
Name: Ronald J. Byrne     Name: Mark Williams
Title: Senior Vice President     Title: President