EX-99.H10 10 acetft62024ex99h10amno2top.htm EX-99.H10 AM 2 TO 12D1-4 Document

AMENDMENT NO. 2 TO FUND OF FUNDS INVESTMENT AGREEMENT

This Amendment No. 2 to Fund of Funds Investment Agreement (this “Amendment”), dated as of April 5, 2024, 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, as amended (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    

FundTicker
PSF Avantis Balanced Allocation PortfolioN/A
                                    
Acquired Funds

FundTicker
Avantis® U.S. Equity ETFAVUS
Small Cap Growth FundANONX
Avantis® U.S. Small Cap Value ETFAVUV
Avantis® International Equity ETFAVDE
Avantis® Emerging Markets Equity ETFAVEM
Avantis® Real Estate ETFAVRE
Avantis Short-Term Fixed Income ETFAVSF
Short Duration FundASHHX
Avantis Core Fixed Income ETFAVIG
American Century Diversified Corporate Bond ETFKORP
Diversified Bond FundACBPX
Ultra FundTWUIX
Avantis® U.S. Large Cap Equity ETFAVLC
Avantis® U.S. Large Cap Value ETFAVLV
Avantis® U.S. Small Cap Equity ETFAVSC
                                    







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