Tech Data 2013 Annual Report Download - page 152

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THIRD AMENDMENT TO TRUST AGREEMENT BETWEEN
FIDELITY MANAGEMENT TRUST COMPANY AND
TECH DATA CORPORATION
THIS THIRD AMENDMENT, dated as of the seventeenth day of July, 2006, 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 401(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 Spartan Investment Grade Bond Fund after July 17, 2006 to be invested in the Fidelity Investment Grade
Bond Fund; (ii) on July 17, 2006, to liquidate all participant balances held in the Spartan Investment Grade Bond Fund at its net asset value on such
day; and to invest the proceeds in the Fidelity Investment Grade Bond Fund at its net asset value on such day; and (iii) to permit no further
investments in the Spartan Investment Grade Bond Fund as an investment option for the Plan after July 17, 2006. 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 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 Fidelity Blue Chip Growth Fund after August 15, 2006 to be invested in the Harbor Capital Appreciation
Fund - Retirement Class; (ii) on August 15, 2006, to liquidate all participant balances held in the Fidelity Blue Chip Growth Fund at its net asset
value on such day, and to invest the proceeds in the Harbor capital Appreciation Fund - Retirement Class at its net asset value on such day; and (iii)
to permit no further investments in the Fidelity Blue Chip Growth Fund as an investment option for the Plan after August 15, 2006. 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 Freedom 2015 Fund®
• Fidelity Freedom 2025 Fund®
• Fidelity Freedom 2035 Fund®
• Fidelity Freedom 2045 Fund
• Fidelity Freedom 2050 Fund
• Fidelity Investment Grade Bond Fund
• Harbor Capital Appreciation Fund - Retirement Class
• Fidelity Spartan Investment Grade Bond Fund
• Fidelity Blue Chip Growth Fund
(2)
Amending the "investment options" section of Schedule "C" to remove the following;
(3) Effective the close of business August 15, 2006, amending the "investment options" section of Schedule "C" to remove the
following: