EX-99.h.2.ix
AMENDMENT NO. 9
TO
AMENDED AND RESTATED FUND ACCOUNTING AND FINANCIAL
ADMINISTRATION SERVICES AGREEMENT
THIS AMENDMENT (“Amendment”) is made as of December 1, 2025 (the “Effective Date”) to that certain Amended and Restated Fund Accounting and Financial Administration Services Agreement dated as of January 1, 2014 (as amended, restated, supplemented or otherwise modified) by and between each investment company listed on Schedule A attached thereto (each an “Existing Fund” and collectively, the “Existing Funds”) and The Bank of New York Mellon (referred to herein as “BNY”).
BACKGROUND:
| A. | The Existing Funds and BNY are parties to an Amended and Restated Fund Accounting and Financial Administration Services Agreement dated as of January 1, 2014 (the Agreement”), as amended by Amendment No. 1 dated July 1, 2017, Amendment No. 2 dated October 11, 2021, Amendment No. 3 dated December 31, 2021, Amendment No. 4 dated January 31, 2022, Amendment No. 5 dated May 15, 2024, relating to BNY’s provision of fund accounting, financial administration and related services described in the Agreement and Amendment No.6 dated July 30, 2024, Amendment No.7 dated April 1, 2025, and Amendment No. 8 dated April 25, 2025 relating to BNY’s provision of fund accounting, financial administration, and related services described in the Agreement. |
| B. | The parties desire to amend the Agreement as set forth herein. |
| C. | This Background section is incorporated by reference into and made part of this Amendment. |
TERMS:
In consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each party, 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 Schedule A attached hereto.
2. Miscellaneous.
(a) Capitalized terms used in this Amendment not otherwise defined herein shall have the meanings set forth in the Agreement.
(b)
As hereby amended and supplemented, the Agreement shall remain in full force and effect. In the event of a conflict between the
terms of this Amendment and the terms oft he Agreement, the terms of this Amendment shall control with respect to the matters
described herein.
(c) The parties expressly agree that this Amendment may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of this Amendment, by a manual signature on a copy of this Amendment transmitted by facsimile transmission, by a manual signature on a copy of this Amendment transmitted as an imaged document attached to an email, or by “Electronic Signature”, which is hereby defined to mean inserting an image, representation or symbol of a signature into an electronic copy of this Amendment by electronic, digital or other technological methods. Each counterpart executed in accordance with the foregoing shall be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment or of executed signature pages to counterparts of this Amendment, in either case by facsimile transmission or as an imaged document attached to an email transmission, shall constitute effective execution and delivery of this Amendment and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment.
(d) If any provision or provisions of this Amendment shall be held to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
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[Signature pages follow]
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed as of the Effective Date by its duly authorized representative indicated below. An authorized representative, if executing this Amendment by Electronic Signature, affirms authorization to execute this Amendment by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment and an agreement with its terms.
NC MACAU I, LTD.
By: Nomura Alternative Strategies, a series of Nomura Investment Management Business Trust, solely in its capacity as investment adviser
By signing below Nomura Alternative Strategies in its individual capacity covenants to BNY that NC Macau I, Ltd. has the power to authorize and direct, and has duly authorized and directed, Nomura Alternative Strategies to bind it to the terms of this Amendment
| By: | /s/ Daniel Geatens | |
| Name: | Daniel Geatens | |
| Title: | Senior Vice President |
NC MACAU II, LTD.
By: Nomura Alternative Strategies, a series of Nomura Investment Management Business Trust, solely in its capacity as investment adviser
By signing below Nomura Alternative Strategies in its individual capacity covenants to BNY that NC Macau II, Ltd. has the power to authorize and direct, and has duly authorized and directed, Nomura Alternative Strategies to bind it to the terms of this Amendment
| By: | /s/ Daniel Geatens | |
| Name: | Daniel Geatens | |
| Title: | Senior Vice President |
CHATTANOOGA OPPORTUNITIES LLC
By: Nomura Alternative Strategies, a series of Nomura Investment Management Business Trust, solely in its capacity as investment adviser
By signing below Nomura Alternative Strategies in its individual capacity covenants to BNY that Chattanooga Opportunities LLC has the power to authorize and direct, and has duly authorized and directed, Nomura Alternative Strategies to bind it to the terms of this Amendment
| By: | /s/ Daniel Geatens | |
| Name: | Daniel Geatens | |
| Title: | Senior Vice President |
IVY ASF II, LTD.
By: Nomura Alternative Strategies, a series of Nomura Investment Management Business Trust, solely in its capacity as investment adviser
By signing below Nomura Alternative Strategies in its individual capacity covenants to BNY that Ivy ASF II, Ltd. has the power to authorize and direct, and has duly authorized and directed, Nomura Alternative Strategies to bind it to the terms of this Amendment
| By: | /s/ Daniel Geatens | |
| Name: | Daniel Geatens | |
| Title: | Senior Vice President |
IVY VIP ASF II, LTD.
By: Nomura Alternative Strategies, a series of Nomura Investment Management Business Trust, solely in its capacity as investment adviser
By signing below Nomura Alternative Strategies in its individual capacity covenants to BNY that Ivy VIP ASF II, Ltd. has the power to authorize and direct, and has duly authorized and directed, Nomura Alternative Strategies to bind it to the terms of this Amendment
| By: | /s/ Daniel Geatens | |
| Name: | Daniel Geatens | |
| Title: | Senior Vice President |
IVY ASF III (SBP), LLC
By: Nomura Alternative Strategies, a series of Nomura Investment Management Business Trust, solely in its capacity as investment adviser
By signing below Nomura Alternative Strategies in its individual capacity covenants to BNY that Ivy ASF III (SBP), LLC has the power to authorize and direct, and has duly authorized and directed, Nomura Alternative Strategies to bind it to the terms of this Amendment
| By: | /s/ Daniel Geatens | |
| Name: | Daniel Geatens | |
| Title: | Senior Vice President |
IVY VIP ASF III (SBP), LLC
By: Nomura Alternative Strategies, a series of Nomura Investment Management Business Trust, solely in its capacity as investment adviser
By signing below Nomura Alternative Strategies in its individual capacity covenants to BNY that Ivy VIP ASF III (SBP), LLC has the power to authorize and direct, and has duly authorized and directed, Nomura Alternative Strategies to bind it to the terms of this Amendment
| By: | /s/ Daniel Geatens | |
| Name: | Daniel Geatens | |
| Title: | Senior Vice President |
IVY WGA ASF III (SBP), LLC
By: Nomura Alternative Strategies, a series of Nomura Investment Management Business Trust, solely in its capacity as investment adviser
By signing below Nomura Alternative Strategies in its individual capacity covenants to BNY that Ivy WGA ASF III (SBP), LLC has the power to authorize and direct, and has duly authorized and directed, Nomura Alternative Strategies to bind it to the terms of this Amendment
| By: | /s/ Daniel Geatens | |
| Name: | Daniel Geatens | |
| Title: | Senior Vice President |
DELAWARE GROUP ADVISER FUNDS
DELAWARE GROUP CASH RESERVE
DELAWARE GROUP EQUITY FUNDS II
DELAWARE GROUP EQUITY FUNDS IV
DELAWARE GROUP EQUITY FUNDS V
DELAWARE GROUP GLOBAL & INTERNATIONAL FUNDS
DELAWARE
GROUP GOVERNMENT FUND
DELAWARE GROUP INCOME FUNDS
DELAWARE GROUP LIMITED-TERM GOVERNMENT FUNDS
DELAWARE GROUP STATE TAX-FREE INCOME TRUST
DELAWARE GROUP
TAX-FREE FUND
DELAWARE POOLED TRUST
DELAWARE VIP TRUST
IVY FUNDS
IVY VARIABLE INSURANCE PORTFOLIOS
VOYAGEUR MUTUAL FUNDS
VOYAGEUR MUTUAL FUNDS II
VOYAGEUR TAX FREE FUNDS
| By: | /s/ Daniel Geatens | |
| Name: | Daniel Geatens | |
| Title: | Senior Vice President |
The Bank of New York Mellon
| By: | /s/ Alison M. Gardner | |
| Name: | Allison M. Gardner | |
| Title: | Senior Vice President |
Schedule A
The following Fund and its Portfolios and share classes are covered by, and made parties to, the Amendment as of the date first written above:
| Registrant, Name of Portfolio and Share Class |
|
Delaware Group® Adviser Funds Nomura Diversified Income Fund – Class A, Class C, Class R, Class R6 and Institutional Class Shares |
|
Delaware Group® Cash Reserve Nomura Ultrashort Fund – Institutional Class Shares |
|
Delaware Group® Equity Funds II Nomura Value Fund – Class A, Class C, Class R, Class R6 and Institutional Class Shares |
|
Delaware Group® Equity Funds IV Nomura Healthcare Fund – Class A, Class C, Class
R and Institutional Class Shares Nomura Opportunity Fund – Class A, Class C, Class R, Class R6 and Institutional Class Shares |
|
Delaware Group® Equity Funds V Nomura Small Cap Core Fund – Class A, Class C, Class
R, Class R6 and Institutional Class Shares |
|
Delaware Group® Global & International Funds Nomura Emerging Markets Fund – Class A, Class C, Class R, Class R6 and Institutional Class Shares |
|
Delaware Group® Government Fund Nomura Emerging Markets Debt Corporate Fund – Class
A, Class C and Institutional Class Shares |
|
Delaware Group® Income Funds Nomura Corporate Bond Fund – Class A, Class C, Class R, Class R6 and Institutional Class Shares Nomura Extended Duration Bond Fund
– Class A, Class C, Class R, Class R6 and Institutional Class Shares |
|
Delaware Group® Limited-Term Government Funds Nomura Limited-Term Diversified Income Fund – Class A, Class C, Class R, Class R6 and Institutional Class Shares Nomura Tax-Free Oregon Fund – Class A and Institutional Class Shares |
|
Delaware Group® State Tax-Free Income Trust Nomura Tax-Free Pennsylvania Fund – Class A, Class C, and Institutional Class Shares |
|
Delaware Group® Tax-Free Fund Nomura Tax-Free USA Fund – Class A, Class C, and Institutional Class Shares Nomura Tax-Free USA Intermediate Fund – Class A, Class C, and Institutional Class Shares |
|
Delaware Pooled® Trust Nomura Global Listed Real Assets Fund – Class A, Class C, Class R, Class R6 and Institutional Class Shares |
|
Delaware VIP® Trust Nomura VIP Emerging Markets Series – Standard Class
Shares and Service Class Shares Nomura VIP Growth Equity Series – Standard Class Shares Nomura VIP Investment Grade Series – Standard Class
Shares and Service Class Shares Nomura VIP Opportunity Series– Standard Class Shares Nomura VIP Total Return Series– Standard Class Shares and Service Class Shares |
| Registrant, Name of Portfolio and Share Class |
|
Ivy Funds Nomura Asset Strategy Fund – Class A, Class C, Class
R, Class R6, Y Class and Institutional Class Shares Nomura Large Cap Growth Fund – Class A, Class C, Class
R, Class R6, Y Class and Institutional Class Shares Nomura Natural Resources Fund –
Class A, Class C, Class R, Class R6, Y Class and Institutional Class Shares Nomura Real Estate Securities Fund – Class A, Class
C, Class R, Class R6, Y Class and Institutional Class Shares Nomura Systematic Emerging Markets Equity Fund – Class A, Class C, Class R, Class R6, Y Class and Institutional Class Shares |
|
Ivy Variable Insurance Portfolios Nomura VIP Asset Strategy Series– Standard Class
and Service Class Shares Nomura VIP Core Equity Series –
Service Class Shares Nomura VIP High Income Series – Standard and Service Class Shares Nomura VIP International Core Equity
Series – Standard and Service Class Shares Nomura VIP Mid Cap Growth –
Standard and Service Class Shares Nomura VIP Pathfinder Moderate – Managed Volatility
Series – Service Class Shares Nomura VIP Pathfinder Moderately Aggressive - Managed
Volatility Series – Service Class Shares Nomura VIP Pathfinder Moderately Conservative – Service
Managed Volatility Series – Service Class Shares Nomura VIP Small Cap Growth Series – Standard and
Service Class Shares Nomura VIP Value Series – Service Class Shares |
|
Voyageur Mutual Funds Nomura Minnesota High-Yield Municipal Bond Fund –
Class A, Class C and Institutional Class Shares Nomura Tax-Free Idaho Fund –
Class A, Class C and Institutional Class Shares |
| Registrant, Name of Portfolio and Share Class |
|
Voyageur Mutual Funds II Nomura Tax-Free Colorado Fund – Class A, Class C and Institutional Class Shares |
|
Voyageur Tax Free Funds Nomura Tax-Free Minnesota Fund – Class A, Class C and Institutional Class Shares |
| Chattanooga Opportunities LLC |
| Ivy ASF II, Ltd. |
| Ivy VIP ASF II, Ltd. |
| Ivy ASF III (SBP), LLC |
| Ivy VIP ASF III (SBP), LLC |
| Ivy WGA ASF III (SBP), LLC |
| NC Macau I, Ltd. |
| NC Macau II, Ltd. |