EX-99.(D)(37) 3 dex99d37.htm CONTRACTUAL FEE WAIVER AGGREEMENT Contractual Fee Waiver Aggreement

Exhibit (d)(37)

[Robeco Letterhead]

July 3, 2007

Edward J. Roach

President

The RBB Fund, Inc.

Bellevue Park Corporate Center

103 Bellevue Parkway

Wilmington, DE 19809

 

Re: Robeco WPG 130/30 Large Cap Core Fund

Dear Mr. Roach:

By our execution of this letter agreement (the “Agreement”), intending to be legally bound hereby and effective as of the date noted above, Robeco Investment Management, Inc. (“Robeco”) agrees that in order to maintain the established expense ratio of the Robeco WPG 130/30 Large Cap Core Fund (the “Fund”), of The RBB Fund, Inc., Robeco shall, until further notice, but in no event terminating before December 31, 2007, waive all or a portion of its investment advisory fees and/or reimburse expenses (other than brokerage commissions, extraordinary items, interest, taxes and any other items as agreed upon by both parties from time to time) in an aggregate amount equal to the amount by which the Fund’s total operating expenses (other than brokerage commissions, extraordinary items, interest, taxes and any other items as agreed upon by both parties from time to time) exceeds a total operating expense ratio (other than brokerage commissions, extraordinary items, interest, taxes and any other items as agreed upon by both parties from time to time) of:

 

   

2.37% (excluding short sale dividend expenses) of the average daily net assets of the Investor Class of the Robeco WPG 130/30 Large Cap Core Fund

Except to the extent of questions arising over miscalculated fees or a good faith dispute over the excluded categories described above, Robeco acknowledges that (1) it shall not be entitled to collect on or make a claim for waived fees at any time in the future, and (2) it shall not be entitled to collect on or make a claim for reimbursed Fund expenses at any time in the future.

 

            ROBECO INVESTMENT MANAGEMENT, INC.
      By:  

/s/ William G. Butterly,

      Name:   William G. Butterly, III
      Title:   Senior Managing Director

Your signature below acknowledges

acceptance of this Agreement:

     
By:  

/s/ Edward J. Roach

     
  Edward J. Roach      
  President and Treasurer      
  The RBB Fund, Inc.