AMENDED XXXXX XXX
RULE 12b-1 PLAN AND AGREEMENT
Pursuant to the provisions of Rule 12b-1 under the
Investment Company Act of 1940 (the ("Act"), this Rule 12b-1
Plan and Agreement, as amended (the "Plan") is hereby adopted by
Xxxxx Xxx Advisor Trust (the "Trust") for each of the series and
classes (the "Fund") identified in the attached Schedule A,
by a majority of the trustees of the Trust, including a
majority of the trustees who are not "interested persons" of
the Trust (as defined in the Act) and who have no direct or
indirect financial interest in the operation of the Plan or
in any agreements related to the Plan (the "non-interested
trustees"). For each fund, this Plan shall become effective
on the date the registration statement of the applicable
Trust becomes effective for such Fund or such other date
indicated in Schedule A.
Section 1. Fee.
(a) Each Fund having Class A, B or C shares shall pay to
Liberty Funds Distributor, Inc. (f/k/a Liberty Financial
Investments, Inc.) (the "Distributor"), a service fee
calculated and paid monthly at the annual rate of 0.25 of
1.00% of the average net asset value of such shares. Each
Fund having Class A shares shall pay to the Distributor a
distribution fee calculated and paid monthly at the annual
rate of 0.10 of 1.00% of the average net asset value of such
shares. Each Fund having Class B or C shares shall pay to the
Distributor a distribution fee calculated and paid monthly at
the annual rate of 0.75 of 1.00% of the average net asset
value of such shares during such month. Each Fund having
Class K shares shall pay to the Distributor a distribution
and/or service fee calculated and paid monthly at the annual
rate of 0.25 of 1.00% of the average net asset value of such
shares during such month.
(b) Such payment of servicing fees represents
compensation for servicing the shares, including
but not limited to relationship management,
retirement plan enrollment meetings and costs
associated with educational conferences and the
preparation of educational materials. Such payment
for distribution fees represents compensation for
expenses incurred by the Distributor for the
promotion and distribution of the shares of the
Fund making the payment, including, but not limited
to the printing of prospectuses and reports used
for sales purposes, advertisements, expenses of
preparation and printing of sales literature and
other sales or promotional expense, including any
compensation, paid to any securities dealer or
others person who has incurred such expense
pursuant to a Selling Agreement executed by such
party and the Distributor.
Section 2. No payments are to be made by the Trust or
any Fund to finance or promote sales of shares other than
pursuant to this Plan.
Section 3. The Distributor shall prepare written
reports to the Trust's board of trustees on a quarterly basis
showing all amounts paid under this Plan and the purposes for
which such payments were made, plus a summary of the expenses
incurred by the Distributor hereunder, together with such
other information as from time to time shall be reasonably
requested by the board of trustees of the Trust.
Section 4. For each Fund, the Plan shall remain in
effect until April 30, 1998 and shall continue in effect from
year to year thereafter only so long as such continuance is
specifically approved at least annually by the vote of a
majority of the trustees of the Trust, including a majority
of the non-interested trustees of each Trust who have no
direct or indirect financial interest in the Plan or in any
agreements related to the Plan, cast in person at a meeting
called for such purpose.
Section 5. So long as the Plan is in effect, nominees
for election as non-interested trustees of each Trust listed
in Schedule A shall be selected by the non-interested
trustees as required by Rule 12b-1 under the Act.
Section 6. The Plan may be terminated as to a Fund,
without penalty, at any time by either a majority of the non-
interested trustees of the applicable Trust or by a vote of a
majority of the outstanding voting securities of that Fund,
and shall terminate automatically in the event of any act
that terminates the Underwriting Agreement with the
Distributor. To the extent the Plan is terminated with
respect to any particular fund or class, such termination
will not affect the Plan with regard to any other fund or
class unless specifically indicated.
Section 7. As to any Fund, the Plan may not be amended
to increase materially the amount authorized by this Plan to
be spent for services described hereunder without approval by
a majority of that Fund's outstanding voting securities, and
all material amendments to the Plan shall be approved by a
vote of a majority of the trustees of the Trust, including a
majority of the non-interested trustees of the Trust who have
no direct or indirect financial interest in the Plan, cast in
person at a meeting called for such purpose.
Section 8. Any obligation of any Trust hereunder shall
be binding only upon the assets of the Trust (or the
applicable Fund) and shall not be binding upon any trustee,
officer, employee, agent, or shareholder of that Trust.
Neither the authorization of any action by the trustees or
shareholders of the Trust nor the execution of this Plan on
behalf of the Trust shall impose any liability upon any
trustee or any shareholder.
This Plan and the terms and provisions thereof are
hereby accepted and agreed to by the Trust and the
Distributor as evidenced by their execution hereof.
Dated as of December 12, 1998
XXXXX XXX ADVISOR TRUST LIBERTY FINANCIAL INVESTMENTS, INC.
XXXX X. XXXXXXXXXXX XXXXXX X. XXXXX
By: Xxxx X. Xxxxxxxxxxx By: Xxxxxx X. Xxxxx
Senior Vice President Senior Vice President
SCHEDULE A
Xxxxx Xxx Advisor Growth Stock Fund Class A
Class B
Class C
Class K
Xxxxx Xxx Advisor Growth & Income Fund Class A
Class B
Class C
Class K
Xxxxx Xxx Advisor Special Fund Class A
Class B
Class C
Class K
Xxxxx Xxx Advisor Young Investor Fund Class A
Class B
Class C
Class K
Xxxxx Xxx Intermediate Bond Fund Class A
Class B
Class C
Class K
Xxxxx Xxx Advisor High-Yield Class A
Municipals Fund Class B
Class C
Class K
Xxxxx Xxx Retirement Investor Fund Class A
Class B
Class C
Class K
