EX-99.B(G)(6) 3 a13-2486_3ex99dbg6.htm EX-99.(G)(6)

Exhibit (g)(6)

 

Execution Copy

 

THIRD AMENDMENT AGREEMENT

 

THIRD AMENDMENT AGREEMENT, effective as of February 2, 2011, by and between HARRIS ASSOCIATES INVESTMENT TRUST, a business trust organized under the laws of the Commonwealth of Massachusetts (the “Fund”) and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (the “Bank”).

 

WHEREAS, the Fund and Investors Bank & Trust Company (“IBT”) entered into a Custodian Agreement dated as of April 1, 2002 (as amended, modified or supplemented from time to time, the “Custodian Agreement”) and an Administration Agreement dated as of April 1, 2002 (as amended, modified or supplemented from time to time, the “Administration Agreement”);

 

WHEREAS, IBT merged with and into Bank, effective July 2, 2007, with the result that State Street now serves as Custodian under the Custodian Agreement and Administrator under the Administration Agreement; and

 

WHEREAS, the Fund has requested that State Street amend the Custodian Agreement and the Administration Agreement and State Street has agreed to do so as an accommodation to the Fund notwithstanding that as amended, neither the Custodian Agreement nor the Administration Agreement is identical to the form of custodian agreement and administration agreement customarily entered into by State Street as custodian and as administrator, in order that the services to be provided to the Fund on behalf of its Portfolios by State Street, as successor by merger to IBT, may be made consistently and predictably to the Fund.

 

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein set forth, the parties hereto agree as follows:

 

1.             Amendment of the Custodian Agreement.

 

(a)           Section 16, Termination, Paragraph 16.1 is hereby amended by replacing the first sentence of such paragraph 16.1 in its entirety with the following:

 

“The term of this Agreement shall commence upon the date first noted above and continue in full force and effect through and including June 30, 2014 (the “Initial Term”), unless earlier terminated as provided herein.”

 

(b)           Section 18, Notices. Section 18 is hereby amended by replacing subsections (a) and (b) in their entirely with the following:

 

(a) In the case of notices sent to the Fund to:

 

Harris Associates Investment Trust

Two North LaSalle Street, Suite 500

Chicago, IL 60602

Attention: John J. Kane, Treasurer

 

With a copy to:

 



 

K&L Gates

70 West Madison Street, Suite 3000
Chicago, IL 60602

Attention: Paulita Pike

 

(b)           In the case of notices sent to the Bank to:

 

State Street Bank and Trust Company

John Hancock Tower

200 Clarendon Street

Boston, MA 02116

Attention: Michael A. Foutes

 

or at such other place as such party may from time to time designate in writing.

 

2.             Amendment of the Administration Agreement.

 

(a)           Section 7 (a) of the Administration Agreement is hereby amended by replacing the first sentence of such Section 7(a) in its entirety with the following:

 

“The term of this Agreement shall commence upon the date first noted above and continue in full force and effect through and including June 30, 2014 (the “Initial Term”), unless earlier terminated as provided herein.”

 

(b)           Section 8(a) of the Administration Agreement is hereby amended by replacing the addresses for notice to the Fund and the Bank in their entirety with the following:

 

To the Fund:

Harris Associates Investment Trust

Two North LaSalle Street, Suite 500

Chicago, IL 60602

Attention: John J. Kane, Treasurer

 

With a copy to:

K&L Gates

70 West Madison Street, Suite 3300

Chicago, IL 60602

Attention: Paulita Pike

 

To the Bank:

State Street Bank and Trust Company

P.O. Box 5049

Boston, MA 02206-5049

Attn: Fund Administration Legal Department

Facsimile: 617-662-3805

 

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3.             Miscellaneous.

 

(a)           Except as amended hereby, the Custodian and Administration Agreements shall remain in full force and effect.

 

(b)           The Fund hereby confirms that Appendix A to each Agreement, as amended effective October 1, 2006, is true, correct and complete in all respects as of the date hereof.

 

(c)           This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

 

[The remainder of this page is intentionally left blank.]

 

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IN WITNESS WHEREOF, each party hereto has caused this Third Amendment Agreement to be executed by its duly authorized officer, as the case may be, as of the date and year first above written.

 

 

STATE STREET BANK AND TRUST COMPANY

 

By:

/s/ Michael F. Rogers

 

Name:

Michael F. Rogers

 

Title:

Executive Vice President

 

 

 

 

 

HARRIS ASSOCIATES INVESTMENT TRUST

 

 

 

By:

/s/ John J. Kane

 

Name: John J. Kane

 

Title: Treasurer

 

 

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