Tech Data 2013 Annual Report Download - page 151
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SECOND AMENDMENT TO TRUST AGREEMENT BETWEEN
FIDELITY MANAGEMENT TRUST COMPANY AND
TECH DATA CORPORATION
THIS SECOND AMENDMENT, dated as of the first day of March, 2005, and effective on that date unless otherwise stated herein, by and
between Fidelity Management Trust Company (the "Trustee") and Tech Data Corporation (the "Sponsor");
WITNESSETH:
WHEREAS, the Trustee and the Sponsor heretofore entered into a Trust Agreement dated August 1,2003, with regard to the Tech Data
Corporation 40l(k) Savings Plan (the ''Plan''); and
WHEREAS, the Sponsor hereby directs the Trustee, in accordance with Section 8(c) of the Trust Agreement, as follows: (i) to redirect all
participant contributions directed to the PIMCO High YieldFund - Administrative Class after March 1, 2005 to be invested in the Fidelity Capital
and Income Fund; (ii) on March 31, 2005, to liquidate all participant balances held in the PIMCO High Yield Fund - Administrative Class at its net
asset value on such day, and to invest the proceeds in the Fidelity Capital and Income Fund at its net asset value on such day; and (iii) to permit no
further investments in the PIMCO High Yield Fund - Administrative Class as an investment option for the Plan after March 31, 2005. The parties
hereto agree that the Trustee shall have no discretionary authority with respect to this sale and transfer directed by the Sponsor. Any variation from
the procedure described herein may be instituted only at the express written direction of the Sponsor; and
WHEREAS, the Trustee and the Sponsor now desire to amend said Trust Agreement as provided for in Section 13 thereof;
NOW THEREFORE, in consideration of the above premises, the Trustee and the Sponsor hereby amend the Trust Agreement by:
(1) Amending the "investment options" section of Schedule "C" to add the following;
• Fidelity Capital and Income Fund
IN WITNESS WHEREOF, the Trustee and the Sponsor have caused this Second Amendment to be executed by their duly authorized
officers effective as of the day and year first above written.
(2) Amending the ''investment options" section of Schedule "C" to change the reference to the PIMCO High Yield Fund -
Administrative Class Shares as follows:
• PIMCO High Yield Fund - Administrative Class Shares (frozen to new contributions and exchanges-
in)
(3)
Effective March 31, 2005, amending the "investment options" section of Schedule "C" to delete the following:
• PIMCO High Yield Fund - Administrative Class Shares (frozen to new contributions and exchanges-
in)
TECH DATA CORPORATION
FIDELITY MANAGEMENT TRUST COMPANY
By: /s/ Lawrence Hamilton
2/28/2005
By: /s/ Linda Trent
6/1/05
Date
FTMC Authorized Signatory
Date