EX-99.(H)(5)(F) 12 tm1924713d1_ex-h5f.htm AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT

 

Exhibit (h)(5)(f)

 

AMENDED AND RESTATED

 

EXPENSE LIMITATION AGREEMENT

 

THIS AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT, is hereby made as of December 18, 2019, between The MainStay Funds and MainStay Funds Trust (each a “Trust” and collectively, the “Trusts”), on behalf of each series of the Trusts as set forth on Schedule A (each a “Fund” and collectively, “Funds”), and New York Life Investment Management LLC (the “Manager”) (“Agreement”).

 

WHEREAS, the Manager has been appointed the manager of each of the Funds pursuant to an Agreement between each Trust, on behalf of the Funds, and the Manager; and

 

WHEREAS, each Trust and the Manager desire to enter into the arrangements described herein relating to certain expenses of the Funds;

 

NOW, THEREFORE, each Trust and the Manager hereby agree as follows:

 

1.The Manager hereby agrees to waive fees and/or reimburse Fund expenses (excluding taxes, interest, litigation, extraordinary expenses, brokerage and other transaction expenses relating to the purchase or sale of portfolio investments, and acquired (underlying) fund fees and expenses), to the extent necessary to maintain Total Annual Operating Expenses specified for the class of shares of each Fund listed on Schedule A through February 28, 2020, except as provided below.

 

2.The waivers and/or reimbursements described in Section 1 above are not subject to recoupment by the Manager.

 

3.The Manager understand and intends that the Funds will rely on this Agreement (1) in preparing and filing amendments to the registration statements for the Trusts on Form N-1A with the Securities and Exchange Commission, (2) in accruing each Fund’s expenses for purposes of calculating its net asset value per share and (3) for certain other purposes and expressly permits the Funds to do so.

 

4.This agreement shall renew automatically for one-year terms unless the Manager provides written notice of termination prior to the start of the next term or upon approval of the Board of Trustees of the Fund.

 

 

 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.

 

MAINSTAY FUNDS TRUST

 

By: /s/ Jack R. Benintende  
Name: Jack R. Benintende  
Title: Treasurer and Principal Financial and Accounting Officer  

 

THE MAINSTAY FUNDS

 

By: /s/ Jack R. Benintende  
Name: Jack R. Benintende  
Title: Treasurer and Principal Financial and Accounting Officer  

 

NEW YORK LIFE INVESTMENT MANAGEMENT LLC

 

By: /s/ Kirk C. Lehneis  
Name: Kirk C. Lehneis  
Title: Senior Managing Director and Chief Operating Officer  

 

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SCHEDULE A

 

FUND Total Annual Operating Expense Limit (as a percent of average daily net assets)

ALL FUNDS

(except MainStay CBRE Global Infrastructure Fund, MainStay CBRE Real Estate Fund, MainStay Epoch Global Equity Yield Fund, MainStay MacKay Infrastructure Bond Fund, MainStay MacKay Intermediate Tax Free Bond Fund and MainStay MacKay International Equity Fund) (through March 31, 2020 for the MainStay Cushing Energy Income Fund and MainStay Cushing Renaissance Advantage Fund)

 

CLASS R6 SHARES

New York Life Investments has contractually agreed to waive fees and/or reimburse expenses so that Total Annual Fund Operating Expenses (excluding taxes, interest, litigation, extraordinary expenses, brokerage and other transaction expenses relating to the purchase or sale of portfolio investments, and acquired (underlying) fund fees and expenses) of Class R6 do not exceed those of Class I.
MainStay Candriam Emerging Markets Equity Fund

Expense Limitation from November 15, 2017 until February 28, 2020:

 

Class A: 1.50%

Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: 1.15%
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

MainStay Candriam Emerging Markets Debt Fund Class A: 1.17%
Class B: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: 0.85%
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
MainStay CBRE Global Infrastructure Fund

Expense Limitation from December 18, 2019 until February 28, 2022

 

Class A: 1.33%

Class C: 2.08%

Investor Class: 1.45%

Class I: 0.97%

Class R6: 0.95% 

 

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FUND Total Annual Operating Expense Limit (as a percent of average daily net assets)
MainStay CBRE Real Estate Fund

Expense Limitation from December 18, 2019 until February 28, 2022

 

Class A: 1.18%

Class C: 1.93%

Investor Class: 1.35%

Class I: 0.83%

Class R3: 1.43%

Class R6: 0.74% 

MainStay Conservative Allocation Fund

Class A: 0.50%
Class B: 1.30%
Class C: 1.30%
Class I: 0.25%
Investor Class: 0.55%

Class R1: 0.35%

Class R2: 0.60%

Class R3: 0.85%

MainStay Cushing Energy Income Fund

Through March 31, 2020, the Manager hereby agrees to waive fees and/or reimburse Fund expenses (excluding taxes, deferred income tax expenses, interest, litigation, extraordinary expenses, brokerage and other transaction expenses relating to the purchase or sale of portfolio investments, and acquired (underlying) fund fees and expenses), to the extent necessary to maintain Total Annual Operating Expenses as specified below:

Class A: 1.45%

Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

MainStay Cushing Renaissance Advantage Fund

Through March 31, 2020:

 

Class A: 1.61%

Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

MainStay Epoch Capital Growth Fund Class A: 1.15%
Class C: None
Class I: 0.90%
Investor Class: None

 

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FUND Total Annual Operating Expense Limit (as a percent of average daily net assets)
MainStay Epoch Global Equity Yield Fund

Expense Limitation from December 31, 2017 until February 28, 2020:

 

Class A: 1.09%
Class C: 1.84%
Class I: 0.84%
Class R6: 0.74%

MainStay Epoch International Choice Fund Class I:  0.95%
MainStay Growth Allocation Fund

Class A: 0.50%
Class B: 1.30%
Class C: 1.30%
Class I: 0.25%
Investor Class: 0.55%

Class R1: 0.35%

Class R2: 0.60%

Class R3: 0.85%

MainStay Large Cap Growth Fund Class I: 0.88%
MainStay MacKay California Tax Free Opportunities Fund:

Class A: 0.75%

Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

MainStay MacKay Convertible Fund Class I:  0.61%
MainStay MacKay Emerging Markets Equity Fund

Class A: 1.50%

Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: 1.15%
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

MainStay MacKay Growth Fund Class I: 1.09%
MainStay MacKay High Yield Municipal Bond Fund

Class A: 0.875%

Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

 

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FUND Total Annual Operating Expense Limit (as a percent of average daily net assets)
MainStay MacKay Infrastructure Bond Fund

Expense Limitation until February 28, 2021

 

Class A: 0.85%
Class B: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class R6: 0.53% 

MainStay MacKay Intermediate Tax Free Bond Fund

Expense Limitation until August 31, 2021:

 

Class A: 0.77%
Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class R6: 0.50%

MainStay MacKay International Equity Fund

Expense Limitation from January 2, 2019 until February 28, 2020:

 

Class A: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class R6 Shares.
Class B: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class R6 Shares.
Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class R6 Shares.
Class I: 0.85%.
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class R6 Shares.
Class R1: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class R6 Shares.
Class R2: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class R6 Shares.
Class R3: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class R6 Shares.
Class R6: 0.83% 

MainStay MacKay International Opportunities Fund Class A: 1.85%
Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

 

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FUND Total Annual Operating Expense Limit (as a percent of average daily net assets)
MainStay MacKay New York Tax Free Opportunities Fund

Class A: 0.75%

Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

MainStay MacKay S&P 500 Index Fund Class A: 0.60%
Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
MainStay MacKay Short Duration High Yield Fund

Class A: 1.05%

Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class R2: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

Class R3: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

MainStay MacKay Short Term Municipal Fund

Expense Limitation until August 31, 2020:

 

Class A: 0.70%
Class I: 0.40%
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

MainStay MacKay Tax Free Bond Fund

Class A: 0.82%

Class B: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

 

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FUND Total Annual Operating Expense Limit (as a percent of average daily net assets)
MainStay MacKay Total Return Bond Fund

Class A: 0.88%

Class B: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: 0.60%

Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class R1: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

Class R2: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

Class R3: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

MainStay MacKay U.S. Equity Opportunities Fund

Class A: 1.50%
Class C: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.
Class I: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

Investor Class: The Manager will apply an equivalent waiver or reimbursement, in an equal number of basis points waived for Class A Shares.

MainStay Moderate Allocation Fund

Class A: 0.50%
Class B:
1.30%
Class C:
1.30%
Class I:
0.25%
Investor Class:
0.55%

Class R1: 0.35%

Class R2: 0.60%

Class R3: 0.85%

MainStay Moderate Growth Allocation Fund

Class A: 0.50%
Class B:
1.30%
Class C:
1.30%
Class I:
0.25%
Investor Class:
0.55%

Class R1: 0.35%

Class R2: 0.60%

Class R3: 0.85%

MainStay Money Market Fund Class A: 0.70%
Class B: 0.80%
Class C: 0.80%
Investor Class: 0.80%
MainStay Short Term Bond Fund

Class A: 0.82%

Class I: 0.40%
Investor Class: 0.92% 

 

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