EX-99.(H-5) 16 d792915dex99h5.htm AMENDMENT TO FUND ADMINISTRATION & ACCOUNTING AGREEMENT, DATED JANUARY 29, 2024 Amendment to Fund Administration & Accounting Agreement, dated January 29, 2024

AMENDMENT TO THE FUND ADMINISTRATION AND ACCOUNTING AGREEMENT

This Amendment is an amendment to the Fund Administration and Accounting Agreement between The Bank of New York Mellon (“BNY Mellon”) and each investment company that is a party to such agreement (each a “Customer”) dated as of June 1, 2023 (the “Agreement”).

The date of this Amendment is    January 29, 2024   .

Intending to be legally bound, BNY Mellon and Customer hereby agree as follows:

 

 

1.

The following bullet point is hereby added beneath the Other Tax Services heading set forth under the TAX SERVICES section of Schedule I (Schedule of Services) of the Agreement:

 

 

Calculate and report daily wash sale deferrals with respect to transactions for each Series identified on Exhibit A to the Agreement as receiving such service.

 

2.

Exhibit A to the Agreement is hereby amended and restated in its entirety as set forth in Exhibit A to this Amendment.

 

3.

The parties hereto expressly agree that this Amendment may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of this Amendment, by a manual signature on a copy of this Amendment transmitted by facsimile transmission, by a manual signature on a copy of this Amendment transmitted as an imaged document attached to an email, or by “Electronic Signature”, which is hereby defined to mean inserting an image, representation, or symbol of a signature into an electronic copy of this Amendment by electronic, digital, or other technological methods. Each counterpart executed in accordance with the foregoing will be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment or of executed signature pages to counterparts of this Amendment, in either case by facsimile transmission or as an imaged document attached to an email transmission, will constitute effective execution and delivery of this Amendment and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment.

Each party hereto has caused this Amendment to be executed by its duly authorized representative indicated below. An authorized representative, if executing this Amendment by Electronic Signature, affirms authorization to execute this Amendment by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment and an agreement with its terms.

Agreed:

 

The Alger Funds

     

The Bank of New York Mellon

The Alger Funds II

     

The Alger Institutional Funds

     

Alger Global Focus Fund

     

The Alger Portfolios

     

The Alger ETF Trust,

     

each severally and not jointly

     

 

By:

 

/s/ Tina Payne    

   

By:

 

/s/ Nicole Fouron     

Name:

 

Tina Payne

   

Name:

 

Nicole Fouron

Title:

 

Secretary

   

Title:

 

Managing Director


EXHIBIT A

List of Funds/Series

 

     
Fund    Series   Ticker
     

The Alger Funds

  

Alger 35 Fund

Alger Capital Appreciation Fund*

Alger Growth & Income Fund

Alger Health Sciences Fund

Alger International Focus Fund

Alger Mid Cap Focus Fund

Alger Mid Cap Growth Fund

Alger Small Cap Focus Fund

Alger Small Cap Growth Fund

Alger Weatherbie Specialized Growth Fund

 

N/A

     

The Alger Funds II

  

Alger Dynamic Opportunities Fund

Alger Emerging Markets Fund

Alger Responsible Investing Fund

Alger Spectra Fund

 

N/A

     

The Alger Institutional Funds

  

Alger Capital Appreciation Institutional Fund*

Alger Focus Equity Fund*

Alger Mid Cap Growth Institutional Fund

Alger Small Cap Growth Institutional Fund

 

N/A

     

Alger Global Focus Fund

  

N/A

 

N/A

     

The Alger Portfolios

  

Alger Balanced Portfolio

Alger Capital Appreciation Portfolio

Alger Growth & Income Portfolio

Alger Large Cap Growth Portfolio

Alger Mid Cap Growth Portfolio

Alger Small Cap Growth Portfolio

 

N/A

     

The Alger ETF Trust

  

Alger 35 ETF

Alger Mid Cap 40 ETF

Alger Weatherbie Enduring Growth ETF

 

ATFV

FRTY

AWEG

 

*

This Series receives the service “Calculate and report daily wash sale deferrals with respect to transactions.”