EX-99.(E)(4) 4 dex99e4.htm FORM OF SUPPLEMENT TO AMENDED AND RESTATED DISTRIBUTION CONTRACT Form of Supplement to Amended and Restated Distribution Contract

Exhibit (e)(4)

FORM OF

SUPPLEMENT TO

DISTRIBUTION CONTRACT

PIMCO Funds

840 Newport Center Drive

Newport Beach, California 92660

August 12, 2008

Allianz Global Investors Distributors LLC

1345 Avenue of the Americas

New York, NY 10105-4800

Dear Sirs:

This will confirm the agreement between the undersigned (the “Trust”) and you (the “Distributor”) as follows:

1. The Trust is an open-end investment company organized as a Massachusetts business trust and consisting of such separate investment portfolios as have been or may be established by the Trustees of the Trust from time to time. A separate series of shares of beneficial interest in the Trust is offered to investors with respect to each investment portfolio. The PIMCO Global Multi-Asset Fund and PIMCO EM Fundamental IndexPLUS TR Strategy Fund (the “Funds”) and PIMCO Long Duration Corporate Bond Portfolio (the “Portfolio”) are each a separate investment portfolio of the Trust.

2. The Trust and the Distributor have entered into an Amended and Restated Distribution Contract (the “Contract”) dated February 26, 2008, pursuant to which the Distributor has agreed to be the distributor of shares of the Trust.

3. As provided in paragraph 1 of the Contract, the Distributor hereby adopts the Contract with respect to the Funds and the Portfolio and the Distributor hereby acknowledges that the Contract shall pertain to the Funds and the Portfolio, the terms and conditions of such Contract being hereby incorporated herein by reference.

4. This Supplement and the Contract shall become effective with respect to the Funds, the Portfolio and each class thereof on August 12, 2008 and shall continue in effect for a period not to exceed one year from the effective date of this Supplement and shall continue thereafter on an annual basis with respect to the Funds, the Portfolio and each class thereof only so long as such continuance is specifically approved at least annually by (a) the Trust’s Board of Trustees or, with respect to the Funds, the Portfolio and each class thereof, by the vote of a majority of the outstanding voting securities of the Funds or the Portfolio, as applicable (as defined in the Investment Company Act of 1940, as amended (the “1940 Act”)), and each class thereof and (b) by the vote, cast in person at a meeting called for the purpose, of a majority of the Trust’s Trustees who are not parties to this Contract or “interested persons” (as defined in the 1940 Act) of any such party. This Contract shall terminate automatically in the event of its assignment (as defined in the 1940 Act). This Contract may, in any event, be terminated at any time without the payment of any penalty, by the Funds, the Portfolio or class thereof or the Distributor upon not more than 60 days’ and not less than 30 days’ written notice to the other party.

5. The Trust and the Distributor hereby agree to amend the Contract as of the date hereof to add the Funds and the Portfolio to Schedule A and to make other changes to Schedule A. Accordingly, the current Schedule A is replaced with the new Schedule A attached hereto.


6. The Declaration of Trust establishing the Trust, as amended and restated effective March 31, 2000, a copy of which, together with all amendments thereto (the “Declaration”), is on file in the Office of the Secretary of the Commonwealth of Massachusetts, provides that the name “PIMCO Funds” refers to the trustees under the Declaration collectively as trustees and not as individuals or personally, and that no shareholder, trustee, officer, employee or agent of the Trust shall be subject to claims against or obligations of the Trust to any extent whatsoever, but that the Trust estate only shall be liable.

If the foregoing correctly sets forth the agreement between the Trust and the Distributor, please so indicate by signing and returning to the Trust the enclosed copy hereof.

 

Very truly yours,
PIMCO FUNDS
By:    
Title:   President

 

ACCEPTED:
ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC
By:    
Title:   Managing Director


SCHEDULE A

Amended and Restated Distribution Contract

between PIMCO Funds and

Allianz Global Investors Distributors LLC (formerly PIMCO Advisors Distributors LLC)

February 26, 2008

As supplemented

August 12, 2008

This contract relates to the following Funds and Portfolios:

Funds:

 

All Asset Fund    Japanese StocksPLUS TR Strategy Fund
All Asset All Authority Fund    Liquid Assets Fund
California Intermediate Municipal Bond Fund    Loan Obligation Fund
California Short Duration Municipal Income Fund    Long Duration Fund
Commercial Mortgage Securities Fund    Long Duration Total Return Fund
CommodityRealReturn Strategy Fund    Long-Term U.S. Government Fund
Convertible Fund    Low Duration Fund
Developing Local Markets Fund    Low Duration Fund II
Diversified Income Fund    Low Duration Fund III
Emerging Local Bond Fund    Moderate Duration Fund
Emerging Markets Bond Fund    Money Market Fund
EM Fundamental IndexPLUS TR Strategy Fund    Mortgage-Backed Securities Fund
European StocksPLUS TR Strategy Fund    Municipal Bond Fund
Extended Duration Fund    Real Return Fund
Far East (Ex-Japan) StocksPLUS TR Strategy Fund    Real Return Asset Fund
Floating Income Fund    RealEstateRealReturn Strategy Fund
Foreign Bond Fund (U.S. Dollar-Hedged)    RealRetirement 2010 Fund
Foreign Bond Fund (Unhedged)    RealRetirement 2020 Fund
Fundamental Advantage Tax Efficient Strategy Fund    RealRetirement 2030 Fund
Fundamental Advantage Total Return Strategy Fund    RealRetirement 2040 Fund
Fundamental IndexPLUS Fund    RealRetirement 2050 Fund
Fundamental IndexPLUS TR Fund    Short Duration Municipal Income Fund
Global Advantage Strategy Bond Fund    Short-Term Fund
Global Bond Fund (Unhedged)    Small Cap StocksPLUS TR Fund
Global Bond Fund (U.S. Dollar-Hedged)    StocksPLUS Fund
Global Multi-Asset Fund    StocksPLUS Long Duration Fund
GNMA Fund    StocksPLUS Municipal-Backed Fund
High Yield Fund    StocksPLUS TR Short Strategy Fund
High Yield Municipal Bond Fund    StocksPLUS Total Return Fund
Income Fund    Total Return Fund

International StocksPLUS TR Strategy Fund

(U.S. Dollar-Hedged)

   Total Return Fund II
International StocksPLUS TR Strategy Fund (Unhedged)    Total Return Fund III
Investment Grade Corporate Bond Fund    Unconstrained Bond Fund


Portfolios:

 

Asset-Backed Securities Portfolio    Mortgage Portfolio
Asset-Backed Securities Portfolio II    Mortgage Portfolio II
Emerging Markets Portfolio    Municipal Sector Portfolio
Developing Local Markets Portfolio    Opportunity Portfolio1
High Yield Portfolio    Real Return Portfolio
International Portfolio    Short-Term Portfolio
Investment Grade Corporate Portfolio    Short-Term Portfolio II
Long Duration Corporate Bond Portfolio    U.S. Government Sector Portfolio
Money Market Portfolio    U.S. Government Sector Portfolio II

 

1

Opportunity Portfolio has not been offered to clients.