AMENDMENT NO. 1 TO CAPITAL SUPPORT AGREEMENT
EXHIBIT 10.4
AMENDMENT NO. 1 TO
CAPITAL SUPPORT AGREEMENT
This Amendment No. 1 (the Amendment) to the Capital Support Agreement, is made as of the 15th day of July 2008, by and between NORTHERN TRUST CORPORATION (the Support Provider) and NORTHERN FUNDS (the Trust), on behalf of its series the Money Market Fund (the Fund).
WHEREAS, the parties have entered into a Capital Support Agreement (the Agreement), dated as of February 21, 2008; and
WHEREAS, the parties desire to amend the Agreement on the terms and subject to the conditions provided herein.
NOW THEREFORE, the parties, intending to be legally bound, hereby agree as follows:
1. Unless otherwise expressly provided herein, capitalized terms shall have the meanings assigned to them in the Agreement.
2. Section 3(c)(iii) of the Agreement is hereby deleted in its entirety and replaced as set forth below:
(iii) 5:00 p.m. Eastern Time on February 28, 2009.
3. If the Board of Trustees of the Trust (the Board) determines that the Maximum Contribution Amount, reduced by the amount of any Capital Contribution previously made by the Support Provider to the Fund, will not be sufficient to maintain the Funds net asset value per share at no less than the Minimum Permissible NAV, the Board, at its option, may cause the Fund to sell the Eligible Notes. Such sale is a sale for purposes of Section 1 (c) of the Agreement, which defines a Contribution Event.
IN WITNESS WHEREOF, the parties caused this Amendment No. 1 to the Capital Support Agreement to be executed this 15th day of July 2008.
NORTHERN TRUST CORPORATION | ||
By: | /s/ William R. Dodds, Jr. | |
Name: | William R. Dodds, Jr. | |
Title: | Treasurer | |
ADDRESS FOR NOTICES: | ||
50 S. LaSalle St. | ||
Chicago, IL 60603 | ||
Attn: William R. Dodds, Jr. | ||
NORTHERN FUNDS FOR AND ON BEHALF OF ITS MONEY MARKET FUND | ||
By: | /s/ Lloyd A. Wennlund | |
Name: | Lloyd A. Wennlund | |
Title: | President | |
ADDRESS FOR NOTICES: | ||
50 S. LaSalle St. | ||
Chicago, IL 60603 | ||
Attn: Lloyd A. Wennlund |