EX-99.H OTH MAT CONT 16 exhibit_h12.htm exhibit_h12.htm


 AMENDMENT TO SERVICES AGREEMENT BY AND AMONG NATIONAL FINANCIAL SERVICES LLC, FIDELITY BROKERAGE SERVICES LLC, FIDELITY INVESTMENTS INSTITUTIONAL OPERATIONS COMPANY, INC., NORTHERN LIGHTS DISTRIBUTORS, LLC, AND TRIBUTARY CAPITAL MANAGEMENT, LLC

THIS AMENDMENT, effective as of the third day of May, 2010, is by and among National Financial Services LLC (“NFS”), Fidelity Brokerage Services LLC (“FBS”), Fidelity Investments Institutional Operations Company, Inc. (“FIIOC”), Northern Lights Distributors, LLC (“Distributor”) and Tributary Capital Management, LLC (“Adviser”) (collectively the Distributor and Adviser shall be referred to as “Fund/Agent” who are jointly and severally bound under the terms of the Agreement).

WITNESSETH:

WHEREAS, NFS, FBS, FIIOC, Distributor, FNB Fund Advisers and Tributary Capital Management, LLC entered into a Services Agreement dated August 1, 2009 (the “Agreement”), with regard to certain administrative services provided to beneficial owners of shares of mutual funds or other investment products associated with Fund/Agent;

WHEREAS, effective May 3, 2010, FNB Fund Advisers has merged with and into Tributary Capital Management, LLC and the parties wish to reflect and consent to the assignment of the rights and responsibilities of FNB Fund Advisers under the Agreement;

WHEREAS, the parties now desire to amend the Agreement as provided for in the relevant sections thereof.

NOW THEREFORE, in consideration of the above premises the parties now amend the Agreement by:

(1)  
Replacing all references to “Adviser” as “FNB Fund Advisers and Tributary Capital Management, LLC” with “Tributary Capital Management, LLC”.
 
  
 
IN WITNESS WHEREOF, the parties have executed this amendment as of the date first
written above.



Tributary Capital Management, LLC
  
National Financial Services, LLC
Member NYSE, SIPC
By:
   /s/  Steve Frantz  
By:
  /s/  Katie Zach
Name:
   Steve Frantz  
Name:
   Katie Zach
Title:
   President  
Title:
   Vice President
Date:
   5/20/10  
Date:
   June 03, 2010
 
 
 
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Fidelity Brokerage Services LLC
Member NYSE, SIPC
  
Fidelity Investments Institutional
Operations Company, Inc.
By:
   /s/  Katie Zach  
By:
   /s/  Paul Riley
Name:
   Katie Zach      
Name:
   Paul Riley
Title:
   Vice President  
Title:
   Senior Vice President
Date:
   June 03, 2010  
Date:
   5/27/10
 

 
Northern Lights Distributors, LLC
By:
   /s/  Mike Nielsen
Name:
   Chief Compliance Officer
Title:
   May 11, 2010
Date:
  

 
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