EX-99.(H)(20) 13 ex99-h20.htm AMENDMENT TO BOSC SHAREHOLDER SERVICING WAIVER AGREEMENT

 

Exhibit (h)(20)

AMENDMENT TO THE BOSC
SHAREHOLDER SERVICING AGREEMENT

This AMENDMENT to the BOSC SHAREHOLDER SERVICING AGREEMENT (the “Amendment”) made as of December 16, 2014 to become effective on the Effective Date between CAVANAL HILL FUNDS, formerly known as American Performance Funds, a Massachusetts business trust (the “Trust”) and BOSC, INC., an Oklahoma corporation (“Service Provider”), to that certain Shareholder Servicing Agreement, dated February 1, 2007, between the Trust and Service Provider (as amended and in effect on the date hereof, the “Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.

WHEREAS, the Trust is registered as an open-end, management investment company under the Investment Company Act of 1940 (the “1940 Act”), as amended, that consists of nine separate funds (the “Funds”) offered in various classes (the “Classes”) as of the date hereof;

WHEREAS, the Service Provider provides shareholder services for the Trust pursuant to the Agreement;

WHEREAS, Service Provider and the Trust wish to enter into this Amendment to the Agreement in order to add an additional Fund and additional Classes to the Agreement;

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Trust and Service Provider hereby agree as follows:

1.Effective Date.

The effective date of this Amendment (the “Effective Date”) shall be the date upon which the Post-Effective Amendment to the Registration Statement for the Cavanal Hill Funds that was filed October 31, 2014 becomes effective with the Securities and Exchange Commission.

2.Funds.

Schedules A and B of the Agreement are hereby deleted in their entirety and replaced with the attached Schedule A.

3.Representations and Warranties.

(a)           The Trust represents (i) that it has full power and authority to enter into and perform this Amendment and (ii) that this Amendment will be presented to the Board of Trustees of the Trust (the “Board”) for the Board’s review and approval.

(b)           Service Provider represents that it has full power and authority to enter into and perform this Amendment.

 
 
4.Future Waivers.

This Amendment shall not limit or control any future decision by the Service Provider to grant a voluntary waiver of any of the Funds.

5.Interpretation.

Nothing herein contained shall be deemed to require the Service Provider, the Trust or any Fund (or Class) to take any action contrary to the Trust’s Declaration of Trust or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the 1940 Act, to which it is subject or by which it is bound, or relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust of the Funds.

6.Miscellaneous.

(a)           This Amendment supplements and amends the Agreement. The provisions set forth in this Amendment supersede all prior negotiations, understandings and agreements bearing upon the subject matter covered herein, including any conflicting provisions of the Agreement or any provisions of the Agreement that directly cover or indirectly bear upon matters covered under this Agreement. Except as set forth herein, the Agreement shall remain in full force and effect.

(b)           Each reference to the Agreement in the Agreement and in every other agreement, contract or instrument to which the parties are bound, shall hereafter be construed as a reference to the Agreement as amended by this Amendment. Each reference to Schedule B in the Agreement (as it existed prior to this Amendment) shall be deemed a reference to Schedule A attached hereto. No amendment or modification to this Amendment shall be valid unless made in writing and executed by both parties hereto.

(c)           Paragraph headings in this Amendment are included for convenience only and are not to be used to construe or interpret this Amendment.

(d)           This Amendment may be executed in counterparts, each of which shall be an original but all which, taken together, shall constitute one and the same agreement.

 
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the BOSC Shareholder Servicing Agreement to be duly executed on the day and year first above written to become effective on the Effective Date.

 
  CAVANAL HILL FUNDS
     
  By: /s/ James L. Huntzinger
     
  Name:     James L. Huntzinger
     
  Title:     President
     
     
  BOSC, INC.
     
  By: /s/ Scott Grauer
     
  Name:     Scott Grauer
     
  Title:     Chief Executive Officer
 
 

Schedule A
To the Shareholder Servicing Agreement
Effective December 31, 2014

Fund Share Class Ticker

Maximum Shareholder Servicing Fee

(Annual rate in one-hundredths of one percent of average daily net assets)

Waiver

(Annual rate in one-hundredths of one percent of average daily net assets)

Cavanal Hill Tax-Free
Money Market Fund
Administrative APBXX 25 0
Institutional APEXX 25 17
Select AIFXX 25 25
Premier   25 25
Cavanal Hill U.S. Treasury
Money Market Fund
Administrative APGXX 25 0
Service APJXX 25 15
Institutional APKXX 25 17
Select   25 25
Premier   25 25
Cavanal Hill Cash
Management Fund
Administrative APCXX 25 0
Institutional APHXX 25 17
Select   25 25
Premier   25 25
Cavanal Hill Intermediate
Tax-Free Bond Fund
A AATFX 10 10
No Load Investor APTFX 25 25
Institutional AITEX 25 25
Cavanal Hill Short
Term Income Fund
A AASTX 10 10
No Load Investor APSTX 25 25
Institutional AISTX 25 25
Cavanal Hill Intermediate
Bond Fund
A AAIBX 10 10
No Load Investor APFBX 25 25
Institutional AIFBX 25 25
Cavanal Hill Bond Fund A AABOX 10 10
No Load Investor APBDX 25 25
Institutional AIBNX 25 25
Cavanal Hill Balanced Fund A AABAX 10 10
C AACBX 25 25
No Load Investor APBAX 25 25
Institutional AIBLX 25 25
Cavanal Hill U.S. Large Cap Equity Fund A AAEQX 10 10
C AACEX 25 25
No Load Investor APEQX 25 25
Institutional AIEQX 25 25
Cavanal Hill Opportunistic Fund A AAOPX 10 10
C AACOX 25 25
No Load Investor APOPX 25 25
Institutional AIOPX 25 25
Cavanal Hill World
Energy Fund
A AAWEX 10 10
C ACWEX 25 25
No Load Investor APWEX 25 25
Institutional AIWEX 25 25