FIRST AMENDMENT OF AGENCY AGREEMENT
THIS FIRST AMENDMENT OF AGENCY AGREEMENT ("Agreement") is made and entered into
to be effective as of May 3, 1993, by and between XXXXXXXX PORTFOLIOS, INC.
(f/k/a Xxxxxxxx Mutual Benefit Portfolios, Inc.), a Maryland corporation
("Fund"), and INVESTORS FIDUCIARY TRUST COMPANY, a Missouri trust company
("IFTC").
RECITALS
A. Fund and IFTC are parties to that certain Agency Agreement dated June 1,
1988 ("Agency Agreement"), pursuant to which Fund appointed IFTC as
transfer agent and dividend disbursing agent of the Fund's five
then-existing portfolios.
B. Fund is instituting a new portfolio, to be known as the Xxxxxxxx Xxxxxxxxx
Global Portfolio, and desires to appoint IFTC as transfer agent and
dividend disbursing agent thereof upon and subject to the terms,
conditions and agreements set forth in the Agency Agreement.
C. Fund will as of May, 1993 begin selling its shares to separate accounts,
in addition to the Separate Account established by Mutual Benefit Life and
desires to have IFTC provide these separate accounts on behalf of the Fund
with the same transfer agent and dividend disbursing agent services it
currently provides shareholders of the Fund pursuant to the Agency
Agreement.
D. IFTC is willing to accept such appoint and to provide such services on
such terms and conditions.
AGREEMENT
1. Fund hereby appoints IFTC as transfer agent and dividend disbursing agent
of the Xxxxxxxx Xxxxxxxxx Global Portfolio, and IFTC hereby accepts such
appointment and agrees that it will act as the transfer agent and dividend
disbursing services to separate account shareholders of the Fund, in
addition to Mutual Benefit Life.
2. Such appointment and agreement is made upon and subject to all the terms,
conditions and agreements set forth in the Agency Agreement, which is
hereby incorporated herein by reference. Fund and IFTC hereby ratify and
confirm the Agency Agreement and agree that it remains in full force and
effect and is binding upon the parties in accordance with its terms,
except as amended hereby. Each party hereby confirms that except as
amended herein all of its representations and warranties set forth in the
Agency Agreement remain true and correct as of the date of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
authorized officers to be effective as of the date and year first above written.
INVESTORS FIDUCIARY TRUST COMPANY
By:
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XXXXXXXX PORTFOLIOS, INC.
(f/k/a Xxxxxxxx Mutual Benefit Portfolios,
Inc.)
By:
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