AMENDMENT NO. 1 to APPENDIX A to SECOND AMENDED AND RESTATED FINANCIAL INTERMEDIARY DISTRIBUTION AGREEMENTDelaware Group Foundation Funds • January 24th, 2006
Company FiledJanuary 24th, 2006THIS AMENDMENT to the Second Amended and Restated Financial Intermediary Distribution Agreement dated August 21, 2003 (the "Agreement") between DELAWARE DISTRIBUTORS, L.P. and LINCOLN FINANCIAL DISTRIBUTORS, INC., amended as of the 31st day of October, 2005.
Delaware Group Foundation Funds 2005 Market Street Philadelphia, PA 19103 Re: Expense Limitations Ladies and Gentlemen: By our execution of this letter agreement (the "Agreement"), intending to be legally bound hereby, Delaware Distributors, L.P. (the...Delaware Group Foundation Funds • January 24th, 2006
Company FiledJanuary 24th, 2006By our execution of this letter agreement (the "Agreement"), intending to be legally bound hereby, Delaware Distributors, L.P. (the "Distributor") agrees that in order to improve the performance of certain portfolios in Delaware Group Foundation Funds, which is comprised of the Delaware Aggressive Allocation Portfolio, Delaware Moderate Allocation Portfolio and Delaware Conservative Allocation Portfolio (each a "Portfolio"), the Distributor shall, from February 1, 2006 through January 31, 2007, waive a portion of the Rule 12b-1 (distribution) fee for Class A shares and Class R shares so that such Rule 12b-1 (distribution) fee for the Funds will be capped at the following rates:
Delaware Group Foundation Funds 2005 Market Street Philadelphia, PA 19103 Re: Expense Limitations Ladies and Gentlemen: By our execution of this letter agreement (the "Agreement"), intending to be legally bound hereby, Delaware Management Company, a...Delaware Group Foundation Funds • January 24th, 2006
Company FiledJanuary 24th, 2006By our execution of this letter agreement (the "Agreement"), intending to be legally bound hereby, Delaware Management Company, a series of Delaware Management Business Trust (the "Advisor") agrees that in order to improve the performance of certain portfolios in Delaware Group Foundation Funds, which is comprised of the Delaware Aggressive Allocation Portfolio, Delaware Moderate Allocation Portfolio and Delaware Conservative Allocation Portfolio (each a "Portfolio"), the Advisor shall, from February 1, 2006 through January 31, 2007, waive all or a portion of its investment advisory fees and/or reimburse expenses (excluding any 12b-1 plan expenses, taxes, interest, brokerage fees, certain insurance costs and extraordinary expenses) in an aggregate amount equal to the amount by which each Fund's total operating expenses (excluding any 12b-1 plan expenses, taxes, interest, brokerage fees, certain insurance costs and extraordinary expenses) exceeds the following total operating expense ra