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Forward Funds, et al. – ‘485APOS’ on 7/16/07 – EX-99.(H)(5)(L)

On:  Monday, 7/16/07, at 3:50pm ET   ·   Accession #:  1193125-7-155594   ·   File #s:  33-48940, 811-06722

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 7/16/07  Forward Funds                     485APOS               15:1.1M                                   RR Donnelley/FASalient EM Corporate Debt Fund New Fund/Series! Class A (FFXAX) New Class/Contract!Class C (FFXCX) New Class/Contract!Institutional Class (FFXIX) New Class/Contract!Investor Class (FFXRX) New Class/Contract!

Post-Effective Amendment
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 485APOS     Post-Effective Amendment                            HTML    729K 
 2: EX-99.(D)(16)  Sub-Advisory Agreement Among the Registrant,     HTML     53K 
                          the Advisor and Piedmont                               
 3: EX-99.(E)(1)(B)  Addendum to Distribution Agreement Between     HTML     14K 
                          the Registrant and Alps Distributors                   
 4: EX-99.(H)(1)(B)  Addendum to Fund Accounting and                HTML     14K 
                          Administration Agreement                               
 5: EX-99.(H)(1)(C)  Second Addendum to Fund Accounting and         HTML     14K 
                          Administration Agreement                               
 6: EX-99.(H)(2)(B)  Addendum to Transfer Agent and Service         HTML     14K 
                          Agreement Between the Registrant and                   
                          Alps                                                   
 7: EX-99.(H)(2)(C)  Second Addendum to Transfer Agent and Service  HTML     14K 
                          Agreement                                              
 8: EX-99.(H)(3)(B)  Addendum to the Transfer Agent Interactive     HTML     14K 
                          Client Services Agreement                              
 9: EX-99.(H)(3)(C)  Second Addendum to Transfer Agent Interactive  HTML     14K 
                          Client Services                                        
10: EX-99.(H)(5)(E)  Expense Limitation Agreement for the Investor  HTML     17K 
                          Class Shares                                           
11: EX-99.(H)(5)(F)  Expense Limitation Agreement for the           HTML     17K 
                          Institutional Class Shares                             
12: EX-99.(H)(5)(G)  Expense Limitation Agreement for the Class A   HTML     16K 
                          Shares                                                 
13: EX-99.(H)(5)(L)  Expense Limitation Agreement for the Sierra    HTML     17K 
                          Club Stock Fund Class A Shares                         
15: EX-99.(P)(12)  Code of Ethics of Piedmont                       HTML     59K 
14: EX-99.(P)(7)  Amended Code of Ethics of Netols Asset            HTML     67K 
                          Management Inc.                                        


EX-99.(H)(5)(L)   —   Expense Limitation Agreement for the Sierra Club Stock Fund Class A Shares


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  Expense Limitation Agreement for the Sierra Club Stock Fund Class A shares  

Exhibit (h)(5)(l) Expense Limitation Agreement for the Sierra Club Stock Fund (Class A shares)

EXPENSE LIMITATION AGREEMENT

FOR

SIERRA CLUB STOCK FUND

(CLASS A SHARES)

THIS AGREEMENT, dated as of May 1, 2007, is made and entered into by and between Forward Funds, a Delaware statutory trust (the “Trust”), on behalf of the Class A shares of its series, Sierra Club Stock Fund (the “Fund”), and Forward Management, LLC (the “Investment Advisor”).

WHEREAS, the Investment Advisor has been appointed the investment advisor of the Fund pursuant to an Investment Management Agreement dated July 1, 2005, between the Trust, on behalf of the Fund, and the Investment Advisor (the “Advisory Agreement”); and

WHEREAS, the Trust and the Investment Advisor desire to enter into the arrangements described herein relating to certain expenses of the Class A shares of the Fund;

NOW, THEREFORE, the Trust and the Investment Advisor hereby agree as follows:

1. Until further notice from the Investment Advisor to the Trust, the Investment Advisor agrees, subject to Section 2 hereof, to reduce the fees payable to it under the Advisory Agreement (but not below zero) to the extent necessary to limit the operating expenses of the Class A shares of the Fund (exclusive of brokerage costs, interest, taxes and dividend and extraordinary expenses) as follows:

For the period from the date of this Agreement until January 1, 2008, the Investment Advisor shall limit its fee so that the operating expenses of the Class A shares of the Fund shall be limited to an annual rate (as a percentage of the Fund’s average daily net assets) of 1.24%.

2. The Fund agrees to pay to the Investment Advisor the amount of fees that, but for Section 1 hereof, would have been payable by the Fund to the Investment Advisor pursuant to the Advisory Agreement (the “Waived Fees”) for a period of three years following the year in which the expense was incurred, subject to the limitations provided in this Section. Such payment shall be made monthly, but only if the operating expenses of the Class A shares of the Fund (exclusive of brokerage costs, interest, taxes and dividend and extraordinary expenses), without regard to such payment, are at an annual rate (as a percentage of the average daily net assets) of 1.24% or less. Furthermore, the amount of Waived Fees paid by the Fund in any month shall be limited so that the sum of (a) the amount of such payment and (b) the other operating expenses of the Class A shares of the Fund (exclusive of brokerage costs, interest, taxes and extraordinary expenses) does not exceed the lower of 1.24% or the expense limitation rate, if any, for the Fund that is in existence at the time of the payment. In no event will the Fund be obligated to pay any fees waived or deferred by the Investment Advisor with respect to any other series of the Trust.


3. The Investment Advisor may elect in its discretion to terminate any fee waiver for any period following the date of expiration of this agreement, but no such termination shall affect the obligation (including the amount of the obligation) of the Fund to repay amounts of Waived Fees with respect to periods prior to such termination.

4. A copy of the Certificate of Statutory Trust establishing the Trust is on file with the Secretary of State of Delaware, and notice is hereby given that this Agreement is executed by the Trust on behalf of the Fund by an officer of the Trust as an officer and not individually and that the obligations of or arising out of this Agreement are not binding upon any of the Trustees, officers or shareholders individually but are binding only upon the assets and property belonging to the Fund.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

 

Forward Funds    
on behalf of its series    
Sierra Club Stock Fund     Forward Management, LLC
(Class A shares)    
By:   /s/ J. Alan Reid, Jr.     By:   /s/ Jeremy W. Deems
Name:   J. Alan Reid, Jr.     Name:   Jeremy W. Deems
Title:   President     Title:   Chief Financial Officer

Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘485APOS’ Filing    Date    Other Filings
1/1/08
Filed on:7/16/07
5/1/07485BPOS
7/1/05485BPOS
 List all Filings 
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Filing Submission 0001193125-07-155594   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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