EX-99.H.XVII 7 d220582dex99hxvii.htm EX-99.H.XVII EX-99.H.XVII

FIFTH AMENDMENT TO

SECURITIES LENDING AUTHORIZATION AGREEMENT

BETWEEN

DIAMOND HILL FUNDS,

ON BEHALF OF ITS SERIES AS LISTED ON SCHEDULE B,

AND

STATE STREET BANK AND TRUST COMPANY

This Fourth Amendment (this “Amendment”) dated as of July 26, 2016 is between Diamond Hill Funds, on behalf of its series as listed on Schedule B, severally and not jointly (each, a “Fund” and collectively, the “Funds”), and State Street Bank and Trust Company, acting either directly or through any affiliates or subsidiaries (collectively, “State Street”).

Reference is made to the Securities Lending Authorization Agreement dated as of March 1, 2014, as amended to date, between the Diamond Hill Funds, on behalf of its series as listed on Schedule B thereto, and State Street (the “Agreement”).

WHEREAS, the Funds and State Street both desire to amend Schedule B;

NOW, THEREFORE, for value received, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree to amend the Agreement as follows:

1.    Definitions. All capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.

2.    AmendmentSchedule B (Funds) to the Agreement is hereby deleted in its entirety and replaced with the revised Schedule B attached to this Amendment.

3.    Representations and Warranties. Each party hereto represents and warrants that (a) it has the legal right, power and authority to execute and deliver this Amendment, to enter into the transactions contemplated hereby, and to perform its obligations hereunder; (b) it has taken all necessary action to authorize such execution, delivery, and performance; and (c) this Amendment constitutes a legal, valid, and binding obligation enforceable against it.

4.    Miscellaneous. Except to the extent specifically amended by this Amendment, the provisions of the Agreement shall remain unmodified, and the Agreement is ratified and affirmed as being in full force and effect.

5.    Governing Law. This Amendment shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts.

6.    Effective Date. This Amendment shall be effective as of the date first written above.


IN WITNESS WHEREOF, the parties hereto execute this Fifth Amendment as an instrument under seal by their duly authorized officers by affixing their signatures below.

 

DIAMOND HILL FUNDS, on behalf

of its series as listed on Schedule B,

severally and not jointly

 

STATE STREET BANK AND

TRUST COMPANY

By: __/s/ Thomas E. Line_________   By: __/s/ Gino L. Timperio________
Name: Thomas E. Line   Name: Gino L. Timperio
Title: Chief Executive Officer   Title: Senior Managing Director


Schedule B

This Schedule is attached to and made part of the Securities Lending Authorization Agreement dated March 1, 2014 between DIAMOND HILL FUNDS, ON BEHALF OF ITS SERIES AS LISTED ON SCHEDULE B, SEVERALLY AND NOT JOINTLY (each a “Fund” and collectively, the “Funds”), and STATE STREET BANK AND TRUST COMPANY, acting either directly or through any affiliates or subsidiaries (collectively, “State Street”), as amended.

 

Fund Name

   Taxpayer
Identification Number
     Tax
Year-End
 

Diamond Hill Small Cap Fund

     31-1744015         31-Dec   

Diamond Hill Small-Mid Cap Fund

     05-0629738         31-Dec   

Diamond Hill Mid Cap Fund

     46-3858300         31-Dec   

Diamond Hill Large Cap Fund

     31-1778061         31-Dec   

Diamond Hill Select Fund

     05-0629736         31-Dec   

Diamond Hill Long-Short Fund

     31-6644613         31-Dec   

Diamond Hill Financial Long-Short Fund

     31-6547095         31-Dec   

Diamond Hill Corporate Credit Fund

     42-1550571         31-Dec   

Diamond Hill Research Opportunities Fund

     45-3529930         31-Dec   

Diamond Hill High Yield Fund

     47-5451062         31-Dec   

Diamond Hill Short Duration Total Return Fund

     81-2797272         31-Dec   

Diamond Hill Core Bond Fund

     81-2797403         31-Dec