EX-99.H3 6 acmf102423ex99h3am1tofofag.htm EX-99.H3 AM TO FUND FUNDS AGMT Document

AMENDMENT NO. 1 TO FUND OF FUNDS INVESTMENT AGREEMENT

This Amendment No. 1 to Fund of Funds Investment Agreement (this "Amendment"), dated as of June 15, 2023, is made by and between each Acquiring Fund listed on Schedule A of the Agreement, severally and not jointly (each, an "Acquiring Fund") and each Acquired Fund listed on Schedule A of the Agreement, severally and not jointly (each, an "Acquired Fund" and together with the Acquiring Funds, the "Funds"). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement.

WHEREAS, the Acquired Funds and the Acquiring Funds are parties to that certain Participation Agreement dated effective November 1, 2022 (the "Agreement");

WHEREAS, the parties agree to revise Schedule A setting forth the Funds covered by the Agreement; and

WHEREAS, the parties now desire to modify the Agreement as provided herein.

NOW, THEREFORE, for good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), and intending to be legally bound, the parties agree as follows:

1.Schedule A of the Agreement is hereby deleted in its entirety and replaced with the attached Schedule A.

2.In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment shall control and the Agreement shall be interpreted on that basis. To the extent the provisions of the Agreement have not been amended by this Amendment, the parties hereby confirm and ratify the Agreement.

3.This Amendment may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one instrument.



[Signature Pages Follow]


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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first listed above.






AMERICAN CENTURY ETF TRUST,
on behalf of each Acquired Fund listed on Schedule A (except for the Small Cap Growth Fund, Short Duration Fund,
Diversified Bond Fund and Ultra Fund), Severally and Not Jointly
By: /s/ Patrick Bannigan
Name: Patrick Bannigan Title:    President
PACIFIC SELECT FUND, on behalf of
each Acquiring Fund listed on Schedule A, Severally and Not Jointly

By: /s/ Howard T. Hirakawa
Name: Howard T. Hirakawa
Title: Senior Vice President
AMERICAN CENTURY INVESTMENT
TRUST, on behalf of the Short Duration Fund and Diversified Bond Fund, Severally and Not Jointly

By: /s/ Patrick Bannigan
Name: Patrick Bannigan Title:    President
AMERICAN CENTURY MUTUAL
FUNDS, INC., on behalf of the Small Cap Growth Fund and Ultra Fund, Severally and Not Jointly
By: /s/ Patrick Bannigan
Name: Patrick Bannigan Title:    President




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SCHEDULE A

Parties to the Agreement

Acquiring Funds

FundTicker
PSF Avantis Balanced Allocation PortfolioN/A

Acquired Funds

FundTicker
Avantis® U.S. Equity ETF
AVUS
Small Cap Growth FundANONX
Avantis® U.S. Small Cap Value ETF
AVUV
Avantis® International Equity ETF
AVDE
Avantis®Emerging Markets Equity ETF
AVEM
Avantis® Real Estate ETF
AVRE
Avantis Short-Term Fixed Income ETF
AVSF
Short Duration FundASHHX
Avantis Core Fixed Income ETF
AVIG
American Century Diversified Corporate Bond ETFKORP
Diversified Bond FundACBPX
Ultra FundTWUIX



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