AMENDMENT TO FUND OF FUNDS INVESTMENT AGREEMENT
Exhibit (h)(10)(i)
AMENDMENT TO FUND OF FUNDS INVESTMENT AGREEMENT
This Amendment to Fund of Funds Investment Agreement (the “Amendment”), dated as of July 15, 2025, is made among Voya Equity Trust, Voya Investors Trust, Voya Intermediate Bond Portfolio, Voya Partners, Inc., and Voya Separate Portfolios Trust, (each referred to as the “Acquiring Fund Trust”), on behalf of their series listed on Schedule A, severally and not jointly (each, the “Acquiring Fund”), and The Select Sector SPDR Trust, on behalf of its series listed on Schedule B, severally and not jointly (each, the “Acquired Fund” and together with the Acquiring Funds, the “Funds”).
WHEREAS, each Acquiring Fund Trust and each Acquired Fund is a party to the Fund of Funds Investment Agreement (the “Agreement”) dated May 3, 2023; and
WHEREAS, each Acquiring Fund Trust and each Acquired Fund desire to amend the Agreement on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the promises and mutual considerations contained herein, and intending to be legally bound hereby, the Acquiring Fund Trusts and the Acquired Funds agree as follows:
1.Schedule A to the Agreement is hereby replaced in its entirety with the Schedule A attached hereto.
Notwithstanding anything to the contrary in the Agreement, until August 29, 2025, any Acquiring Fund that was not listed on the Schedule A in effect immediately prior to this Amendment No. 1 is prohibited from making an initial acquisition of shares of any Acquired Fund in excess of the Section 12(d)(1)(A)(i) limits of the 1940 Act.
2.All terms used and not otherwise defined herein shall have the same meaning ascribed to them in the Agreement between the parties hereto.
3.All other terms, conditions, provisions and sections of the Agreement shall remain in full force and effect.
4.This Amendment may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original, but such counterparts shall together constitute one and the same document.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.
▇▇▇▇▇▇ and acknowledged:
THE SELECT SECTOR SPDR TRUST (on behalf of each of its series listed on Schedule B, severally and not jointly)
By: |
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/s/ ▇▇▇ ▇. Carpenter______________ |
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Name: |
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▇▇▇ ▇▇▇▇▇▇▇▇▇ |
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Title: |
President |
______ |
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[Remainder of page intentionally left blank; Acquiring Fund signature page follows]
Voya Investors Trust
Voya Intermediate Bond Portfolio Voya Partners, Inc.
Voya Separate Portfolios Trust
(each on behalf of their series listed on Schedule A, severally and not jointly)
By: |
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇_________________________ |
Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Vice President
SCHEDULE A
List of Acquiring Fund(s) to Which the Agreement Applies
Acquiring Funds
VOYA GLOBAL INCOME & GROWTH FUND (formerly, VOYA GLOBAL MULTI-ASSET
FUND)
Voya Investors Trust
VOYA BALANCED INCOME PORTFOLIO
VOYA RETIREMENT AGGRESSIVE PORTFOLIO (formerly, VOYA RETIREMENT GROWTH PORTFOLIO)
VOYA GLOBAL PERSPECTIVES PORTFOLIO VOYA RETIREMENT CONSERVATIVE PORTFOLIO VOYA RETIREMENT MODERATE PORTFOLIO
VOYA RETIREMENT MODERATELY AGGRESSIVE PORTFOLIO (formerly, VOYA RETIREMENT MODERATE GROWTH PORTFOLIO)
Voya Intermediate Bond Portfolio
VOYA INTERMEDIATE BOND PORTFOLIO
Voya Partners, Inc.
VOYA GLOBAL BOND PORTFOLIO
VOYA INDEX SOLUTION 2025 PORTFOLIO
VOYA INDEX SOLUTION 2030 PORTFOLIO
VOYA INDEX SOLUTION 2035 PORTFOLIO
VOYA INDEX SOLUTION 2040 PORTFOLIO
VOYA INDEX SOLUTION 2045 PORTFOLIO
VOYA INDEX SOLUTION 2050 PORTFOLIO
VOYA INDEX SOLUTION 2055 PORTFOLIO
VOYA INDEX SOLUTION 2060 PORTFOLIO
VOYA INDEX SOLUTION 2065 PORTFOLIO
VOYA INDEX SOLUTION 2070 PORTFOLIO (added on 7/15/25)
VOYA INDEX SOLUTION INCOME PORTFOLIO
VOYA SOLUTION 2025 PORTFOLIO
VOYA SOLUTION 2030 PORTFOLIO
VOYA SOLUTION 2035 PORTFOLIO
VOYA SOLUTION 2040 PORTFOLIO
VOYA SOLUTION 2045 PORTFOLIO
VOYA SOLUTION 2050 PORTFOLIO
VOYA SOLUTION 2055 PORTFOLIO
VOYA SOLUTION 2060 PORTFOLIO
VOYA SOLUTION 2065 PORTFOLIO
VOYA SOLUTION 2070 PORTFOLIO (added on 7/15/25)
VOYA SOLUTION AGGRESSIVE PORTFOLIO
VOYA SOLUTION CONSERVATIVE PORTFOLIO
VOYA SOLUTION INCOME PORTFOLIO
VOYA SOLUTION MODERATELY AGGRESSIVE PORTFOLIO
Voya Separate Portfolios Trust
VOYA TARGET IN-RETIREMENT FUND
VOYA TARGET RETIREMENT 2025 FUND
VOYA TARGET RETIREMENT 2030 FUND
VOYA TARGET RETIREMENT 2035 FUND
VOYA TARGET RETIREMENT 2040 FUND
VOYA TARGET RETIREMENT 2045 FUND
VOYA TARGET RETIREMENT 2050 FUND
VOYA TARGET RETIREMENT 2055 FUND
VOYA TARGET RETIREMENT 2060 FUND
VOYA TARGET RETIREMENT 2065 FUND
VOYA TARGET RETIREMENT 2070 FUND (adeed on 7/15/25)
SCHEDULE B
List of Acquired Funds to Which the Agreement Applies
Acquired Funds
Fund Name |
Ticker |
Trust Name |
The Communication Services Select Sector SPDR Fund |
XLC |
The Select Sector SPDR Trust |
The Consumer Discretionary Select Sector SPDR Fund |
XLY |
The Select Sector SPDR Trust |
The Consumer Staples Select Sector SPDR Fund |
XLP |
The Select Sector SPDR Trust |
The Energy Select Sector SPDR Fund |
XLE |
The Select Sector SPDR Trust |
The Financial Select Sector SPDR Fund |
XLF |
The Select Sector SPDR Trust |
The Health Care Select Sector SPDR Fund |
XLV |
The Select Sector SPDR Trust |
The Industrial Select Sector SPDR Fund |
XLI |
The Select Sector SPDR Trust |
The Materials Select Sector SPDR Fund |
XLB |
The Select Sector SPDR Trust |
The Real Estate Select Sector SPDR Fund |
XLRE |
The Select Sector SPDR Trust |
The Technology Select Sector SPDR Fund |
XLK |
The Select Sector SPDR Trust |
The Utilities Select Sector SPDR Fund |
XLU |
The Select Sector SPDR Trust |