Common use of Establishment and Designation of Sub-Trusts Clause in Contracts

Establishment and Designation of Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classes, the Trustees hereby establish and designate the following Sub-Trusts and classes thereof: “Xxxx Xxxxx Partners Capital and Income Fund,” “Xxxx Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Income Fund” which shall consist of five classes of shares designated as Class A, Class B, Class C, Class O and Class Y shares; “Xxxx Xxxxx Partners Diversified Strategic Income Fund,” “Xxxx Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Municipal High Income Fund” and “Xxxx Xxxxx Partners Total Return Bond Fund” which shall consist of four classes of shares designated as Class A, Class B, Class C and Class Y shares; and “Xxxx Xxxxx Partners Exchange Reserve Fund” which shall consist of two classes of shares designated as Class B and Class C shares. The Shares of such Sub-Trusts and classes thereof and any shares of any further Sub-Trusts or classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” This Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDT.

Establishment and Designation of Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classesClasses, the Trustees hereby establish and designate the following Sub-Trusts and classes Classes thereof: “Xxxx Xxxxx the Lxxx Mxxxx Partners Capital and Variable Diversified Strategic Income Fund,” “Xxxx Xxxxx Portfolio; the Lxxx Mxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Income Fund” Variable Equity Index Portfolio (which shall consist of five 2 classes of shares designated as Class A, Class B, Class C, Class O I and Class Y sharesII Shares); “Xxxx Xxxxx the Lxxx Mxxxx Partners Diversified Strategic Variable Growth & Income Fund,” “Xxxx Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Municipal High Income Fund” and “Xxxx Xxxxx Partners Total Return Bond Fund” Portfolio (which shall consist of four 2 classes of shares designated as Class A, Class B, Class C I and Class Y sharesII Shares); and “Xxxx Xxxxx the Lxxx Mxxxx Partners Exchange Reserve Fund” Variable Appreciation Portfolio; the Lxxx Mxxxx Partners Variable Fundamental Value Portfolio; the Lxxx Mxxxx Partners Variable Aggressive Growth Portfolio (which shall consist of two 2 classes of shares designated as Class B I and Class C sharesII Shares); Lxxx Mxxxx Partners Variable Capital and Income Portfolio (which shall consist of 1 class designated as Class II Shares);. The Shares of such Sub-Trusts and classes Classes thereof and any shares Shares of any further Sub-Trusts or classes Classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class Class at the time of establishing and designating the same) have the following relative rights and preferences:” This : The undersigned hereby certifies that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Agreement.

Establishment and Designation of Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classesClasses, the Trustees hereby establish and designate the following Sub-Trusts and classes Classes thereof: “Xxxx Xxxxx Partners Capital and the Money Market Portfolio; the Intermediate High Grade Bond Portfolio; the Diversified Strategic Income Fund,” “Xxxx Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Income Fund” Portfolio; the Equity Index Portfolio (which shall consist of five 2 classes of shares designated as Class A, Class B, Class C, Class O I and Class Y sharesII Shares); “Xxxx Xxxxx Partners Diversified Strategic Income Fund,” “Xxxx Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Municipal High Income Fund” and “Xxxx Xxxxx Partners Total Return Bond Fund” the Salomon Brothers Variable All Cap Value Fund (which shall consist of four 2 classes of shares designated as Class A, Class B, Class C I and Class Y sharesII Shares); and “Xxxx Xxxxx Partners Exchange Reserve Fund” the Salomon Brothers Variable Growth & Income Fund (which shall consist of two 2 classes of shares designated as Class B I and Class C sharesII Shares); the Appreciation Portfolio; the Fundamental Value Portfolio; the Salomon Brothers Variable Emerging Growth Fund (which shall consist of 2 classes designated as Class I and Class II Shares); and the Salomon Brothers Variable International Equity Fund (which shall consist of 2 classes designated as Class I and Class II Shares). The Shares of such Sub-Trusts and classes Classes thereof and any shares Shares of any further Sub-Trusts or classes Classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class Class at the time of establishing and designating the same) have the following relative rights and preferences:” This : The undersigned hereby certifies that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Agreement.

Establishment and Designation of Sub-Trusts. Without limiting the ------------------------------------------- authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classesClasses, the Trustees hereby establish and designate the following Sub-Trusts and classes Classes thereof: “Xxxx Xxxxx Partners Capital and the Money Market Portfolio; the Intermediate High Grade Bond Portfolio; the Diversified Strategic Income Fund,” “Xxxx Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Income Fund” Portfolio; the Equity Index Portfolio (which shall consist of five 2 classes of shares designated as Class A, Class B, Class C, Class O I and Class Y sharesII Shares); “Xxxx Xxxxx Partners Diversified Strategic the Salomon Brothers Variable Growth & Income Fund,” “Xxxx Xxxxx Partners High Income ; the Appreciation Portfolio; the Fundamental Value Portfolio; the Salomon Brothers Variable Emerging Growth Fund,” “Xxxx Xxxxx Partners Municipal High Income ; the Salomon Brothers Variable International Equity Fund” and “Xxxx Xxxxx Partners Total Return Bond Fund” which shall consist of four classes of shares designated as Class A, Class B, Class C and Class Y shares; and “Xxxx Xxxxx Partners Exchange Reserve Salomon Brothers Variable All Cap Value Fund” which shall consist of two classes of shares designated as Class B and Class C shares. The Shares of such Sub-Trusts and classes Classes thereof and any shares Shares of any further Sub-Trusts or classes Classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class Class at the time of establishing and designating the same) have the following relative rights and preferences:” This : The undersigned hereby certifies that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Agreement.

Establishment and Designation of Sub-Trusts. Without limiting the authority of the Trustees Trustee set forth in Section 4.1 to establish and designate any further Sub-Trusts and classesTrusts, the Trustees hereby establish and designate the following ten Sub-Trusts and classes thereof: “Xxxx Xxxxx Partners Capital and the Xxxxxx & Rygel Global Fixed Income Fund,” “Xxxx Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Income Fund” which shall consist of five classes of shares designated as Class A, Class B, Class C, Class O and Class Y shares; “Xxxx Xxxxx Partners Diversified Strategic Income Fund,” “Xxxx Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Municipal High Income Fund” and “Xxxx Xxxxx Partners Total Return Bond Fund” which shall consist of four classes of shares designated as Class A, Class B, Class C and Class Y shares; and “Xxxx Xxxxx Partners Exchange Reserve Fund” which shall consist of two classes of shares designated as "Class B A" and "Class B" shares; the Xxxxxx & Rygel Tax-Exempt Bond Fund, which shall consist of two classes of shares designated as "Class A" and "Class B" shares; the Xxxxxx & Rygel Limited Maturity Fund, which shall consist of two classes of shares designated as "Class A" and "Class B" shares; the Xxxxxx & Rygel Short Bond Fund, which shall consist of two classes of shares designated as "Class A" and "Class B" shares; the Xxxxxx & Rygel Intermediate Bond Fund, which shall consist of two classes of shares designated as "Class A" and "Class B" shares; the Xxxxxx & Rygel Opportunity Fund, which shall consist of two classes of shares designated as "Class A" and "Class B" shares; the Xxxxxx & Rygel Short Duration Tax Exempt Fund, which shall consist of two classes of shares designated as "Class A" and Class C B" shares; the Xxxxxx & Rygel U.S. Treasury Fund, which shall consist of two classes of shares designated as "Class A" and "Class B" shares; the Xxxxxx & Rygel International Bond Fund, which shall consist of two classes of shares designated as "Class A" and "Class B" shares; and the Xxxxxx & Rygel Equity Market Tracking Fund, which shall consist of one class of shares designated as "Class A" shares. The Shares shares of such each Sub-Trusts Trust and classes thereof and any shares of any further Sub-Trusts or and classes thereof that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” This ". The undersigned hereby certify that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Master Trust Agreement.

Establishment and Designation of Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classesClasses, the Trustees hereby establish and designate the following Sub-Trusts and classes Classes thereof: “Xxxx Xxxxx Partners Capital and the Salomon Brothers Variable Money Market Fund; the Intermediate High Grade Bond Portfolio; the Diversified Strategic Income Fund,” “Xxxx Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Income Fund” Portfolio; the Equity Index Portfolio (which shall consist of five 2 classes of shares designated as Class A, Class B, Class C, Class O I and Class Y sharesII Shares); “Xxxx Xxxxx Partners Diversified Strategic the Salomon Brothers Variable Growth & Income Fund,” “Xxxx Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Municipal High Income Fund” and “Xxxx Xxxxx Partners Total Return Bond Fund” Fund (which shall consist of four 2 classes of shares designated as Class A, Class B, Class C I and Class Y sharesII Shares); and “Xxxx Xxxxx Partners Exchange Reserve Fund” the Appreciation Portfolio; the Fundamental Value Portfolio; the Salomon Brothers Variable Aggressive Growth Fund (which shall consist of two 2 classes of shares designated as Class B I and Class C sharesII Shares); the Salomon Brothers Variable International Equity Fund (which shall consist of 2 classes designated as Class I and Class II Shares); Salomon Brothers Variable All Cap Value Fund (which shall consist of 2 classes designated as Class I and Class II Shares) and Capital and Income Portfolio. The Shares of such Sub-Trusts and classes Classes thereof and any shares Shares of any further Sub-Trusts or classes Classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class Class at the time of establishing and designating the same) have the following relative rights and preferences:” This : The undersigned hereby certifies that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Agreement.

Establishment and Designation of Sub-Trusts. Without ------------------------------------------- limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classes, the Trustees hereby establish and designate the following Sub-Trusts and classes thereof: “Xxxx "Xxxxx Partners Capital and Xxxxxx Diversified Strategic Income Fund,” “Xxxx " and "Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Xxxxxx High Income Fund” " which shall consist of five classes of shares designated as Class A, Class B, Class CL, Class O Y and Class Y Z shares; “Xxxx "Xxxxx Partners Diversified Strategic Income Xxxxxx Exchange Reserve Fund,” “Xxxx ", "Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Xxxxxx Municipal High Income Fund” " and “Xxxx "Xxxxx Partners Xxxxxx Total Return Bond Fund” " which shall consist of four classes of shares designated as Class A, Class B, Class C L and Class Y shares; "SB Capital and Income Fund" which shall consist of five classes of shares designated as Xxxxx Xxxxxx Class A, Xxxxx Xxxxxx Class B, Xxxxx Xxxxxx Class L, Xxxxx Xxxxxx Class O and Xxxxx Xxxxxx Class Y shares; "Xxxxx Xxxxxx Convertible Fund" which shall consist of five classes of shares designated as Class A, Class B, Class L, Class O and Class Y shares; and “Xxxx "Xxxxx Partners Exchange Reserve Xxxxxx Balanced Fund” " which shall consist of two six classes of shares designated as Class B A, Class B, Class L, Class O, Class Y and Class C Z shares. The Shares of such Sub-Trusts and classes thereof and any shares Shares of any further Sub-Trusts or classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” This " The undersigned hereby certifies that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts. Without limiting the ------------------------------------------- authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classesClasses, the Trustees hereby establish and designate the following Sub-Trusts and classes Classes thereof: “Xxxx Xxxxx Partners Capital and the Money Market Portfolio; the Intermediate High Grade Bond Portfolio; the Diversified Strategic Income Fund,” “Xxxx Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Portfolio; the Equity Income Fund” Portfolio; the Equity Index Portfolio (which shall consist of five 2 classes of shares designated as Class A, Class B, Class C, Class O I and Class Y sharesII Shares); “Xxxx Xxxxx Partners Diversified Strategic the Salomon Brothers Variable Growth & Income Fund,” “Xxxx Xxxxx Partners High Income ; the Appreciation Portfolio; the Fundamental Value Portfolio; the Salomon Brothers Variable Emerging Growth Fund,” “Xxxx Xxxxx Partners Municipal High Income Fund” and “Xxxx Xxxxx Partners Total Return Bond Fund” which shall consist of four classes of shares designated as Class A, Class B, Class C and Class Y shares; and “Xxxx Xxxxx Partners Exchange Reserve the Salomon Brothers Variable International Equity Fund” which shall consist of two classes of shares designated as Class B and Class C shares. The Shares of such Sub-Trusts and classes Classes thereof and any shares Shares of any further Sub-Trusts or classes Classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class Class at the time of establishing and designating the same) have the following relative rights and preferences:” This : The undersigned hereby certifies that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Agreement.

Establishment and Designation of Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classesClasses, the Trustees hereby establish and designate the following Sub-Trusts and classes Classes thereof: “Xxxx Xxxxx Partners Capital and the Salomon Brothers Variable Money Market Fund; the Intermediate High Grade Bond Portfolio; the Diversified Strategic Income Fund,” “Xxxx Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Income Fund” Portfolio; the Equity Index Portfolio (which shall consist of five 2 classes of shares designated as Class A, Class B, Class C, Class O I and Class Y sharesII Shares); “Xxxx Xxxxx Partners Diversified Strategic the Salomon Brothers Variable Growth & Income Fund,” “Xxxx Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Municipal High Income Fund” and “Xxxx Xxxxx Partners Total Return Bond Fund” Fund (which shall consist of four 2 classes of shares designated as Class A, Class B, Class C I and Class Y sharesII Shares); and “Xxxx Xxxxx Partners Exchange Reserve Fund” the Appreciation Portfolio; the Fundamental Value Portfolio; the Salomon Brothers Variable Aggressive Growth Fund (which shall consist of two 2 classes of shares designated as Class B I and Class C sharesII Shares); the Salomon Brothers Variable International Equity Fund (which shall consist of 2 classes designated as Class I and Class II Shares); and Salomon Brothers Variable All Cap Value Fund (which shall consist of 2 classes designated as Class I and Class II Shares). The Shares of such Sub-Trusts and classes Classes thereof and any shares Shares of any further Sub-Trusts or classes Classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class Class at the time of establishing and designating the same) have the following relative rights and preferences:” This : The undersigned hereby certifies that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Agreement.

Establishment and Designation of Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classesClasses, the Trustees hereby establish and designate the following Sub-Trusts and classes Classes thereof: “Xxxx Xxxxx Partners Capital and the Salomon Brothers Variable Money Market Fund; the Intermediate High Grade Bond Portfolio; the Diversified Strategic Income Fund,” “Xxxx Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Income Fund” Portfolio; the Equity Index Portfolio (which shall consist of five 2 classes of shares designated as Class A, Class B, Class C, Class O I and Class Y sharesII Shares); “Xxxx Xxxxx Partners Diversified Strategic Income Fund,” “Xxxx Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Municipal High Income Fund” and “Xxxx Xxxxx Partners Total Return Bond Fund” the Salomon Brothers Variable All Cap Value Fund (which shall consist of four 2 classes of shares designated as Class A, Class B, Class C I and Class Y sharesII Shares); and “Xxxx Xxxxx Partners Exchange Reserve Fund” the Salomon Brothers Variable Growth & Income Fund (which shall consist of two 2 classes of shares designated as Class B I and Class C sharesII Shares); the Appreciation Portfolio; the Fundamental Value Portfolio; the Salomon Brothers Variable Emerging Growth Fund (which shall consist of 2 classes designated as Class I and Class II Shares); and the Salomon Brothers Variable International Equity Fund (which shall consist of 2 classes designated as Class I and Class II Shares). The Shares of such Sub-Trusts and classes Classes thereof and any shares Shares of any further Sub-Trusts or classes Classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class Class at the time of establishing and designating the same) have the following relative rights and preferences:” This : The undersigned hereby certifies that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Agreement.

Establishment and Designation of Sub-Trusts. Without ------------------------------------------- limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classes, the Trustees hereby establish and designate the following Sub-Trusts and classes thereof: “Xxxx "Xxxxx Partners Capital and Xxxxxx Diversified Strategic Income Fund,” “Xxxx " and "Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Xxxxxx High Income Fund” " which shall consist of five classes of shares designated as Class A, Class B, Class CL, Class O Y and Class Y Z shares; “Xxxx "Xxxxx Partners Diversified Strategic Income Xxxxxx Exchange Reserve Fund,” “Xxxx ", "Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Xxxxxx Municipal High Income Fund” " and “Xxxx "Xxxxx Partners Xxxxxx Total Return Bond Fund” " which shall consist of four classes of shares designated as Class A, Class B, Class C L and Class Y shares; "SB Capital and Income Fund" and "Xxxxx Xxxxxx Convertible Fund" which shall consist of five classes of shares designated as Class A, Class B, Class L, Class O and Class Y shares; and “Xxxx "Xxxxx Partners Exchange Reserve Xxxxxx Balanced Fund” " which shall consist of two six classes of shares designated as Class B A, Class B, Class L, Class O, Class Y and Class C Z shares. The Shares of such Sub-Trusts and classes thereof and any shares Shares of any further Sub-Trusts or classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” This Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDT."

Establishment and Designation of Sub-Trusts. Without ------------------------------------------- limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classes, the Trustees hereby establish and designate the following Sub-Trusts and classes thereof: “Xxxx "Xxxxx Partners Capital and Xxxxxx Diversified Strategic Income Fund,” “Xxxx " and "Xxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Xxxxxx High Income Fund” " which shall consist of five classes of shares designated as Class A, Class B, Class CL, Class O Y and Class Y Z shares; “Xxxx "Xxxxx Partners Diversified Strategic Income Xxxxxx Exchange Reserve Fund,” “Xxxx ", "Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Xxxxxx Municipal High Income Fund” " and “Xxxx "Xxxxx Partners Xxxxxx Total Return Bond Fund” " which shall consist of four classes of shares designated as Class A, Class B, Class C L and Class Y shares; "SB Capital and “Xxxx Xxxxx Partners Exchange Reserve Income Fund” " and "SB Convertible Fund" which shall consist of two ten classes of shares designated as Xxxxx Xxxxxx Class A, Xxxxx Xxxxxx Class B, Xxxxx Xxxxxx Class L, Xxxxx Xxxxxx Class O, Xxxxx Xxxxxx Class Y, Salomon Brothers Class A, Salomon Brothers Class B, Salomon Brothers Class 2, Salomon Brothers Class O, and Salomon Brothers Class Y shares; and "Xxxxx Xxxxxx Balanced Fund" which shall consist of six classes of shares designated as Class B A, Class B, Class L, Class O, Class Y and Class C Z shares. The Shares of such Sub-Trusts and classes thereof and any shares Shares of any further Sub-Trusts or classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” This " The undersigned hereby certifies that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts and classesClasses, the Trustees hereby establish and designate the following Sub-Trusts and classes Classes thereof: “Xxxx Xxxxx the Lxxx Mxxxx Partners Capital and Variable Diversified Strategic Income Fund,” “Xxxx Xxxxx Portfolio; the Lxxx Mxxxx Partners Convertible Fund” and “Xxxx Xxxxx Partners Dividend and Income Fund” Variable Equity Index Portfolio (which shall consist of five 2 classes of shares designated as Class A, Class B, Class C, Class O I and Class Y sharesII Shares); “Xxxx Xxxxx the Lxxx Mxxxx Partners Diversified Strategic Variable Growth & Income Fund,” “Xxxx Xxxxx Partners High Income Fund,” “Xxxx Xxxxx Partners Municipal High Income Fund” and “Xxxx Xxxxx Partners Total Return Bond Fund” Portfolio (which shall consist of four 2 classes of shares designated as Class A, Class B, Class C I and Class Y sharesII Shares); the Lxxx Mxxxx Partners Variable Appreciation Portfolio; the Lxxx Mxxxx Partners Variable Fundamental Value Portfolio(which shall consist of 2 classes designated as Class I and “Xxxx Xxxxx Class II Shares); the Lxxx Mxxxx Partners Exchange Reserve Fund” Variable Aggressive Growth Portfolio (which shall consist of two 2 classes of shares designated as Class B I and Class C sharesII Shares); Lxxx Mxxxx Partners Variable Capital and Income Portfolio (which shall consist of 1 class designated as Class II Shares);. The Shares of such Sub-Trusts and classes Classes thereof and any shares Shares of any further Sub-Trusts or classes Classes that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class Class at the time of establishing and designating the same) have the following relative rights and preferences:” This : The undersigned hereby certifies that the Amendment shall be effective on April 21, 2006 at 5:00 p.m. EDTset forth above has been duly adopted in accordance with the provisions of the Agreement.