FUND PARTICIPATION AGREEMENTFund Participation Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust • Colorado
THIS AGREEMENT, made and entered into this day of , 2013 (the “Agreement”) by and among , organized under the laws of the State of (the “Company”), on behalf of itself and each separate account of the Company named in Schedule A to this Agreement, as may be amended from time to time (each account referred to as the “Account” and collectively as the “Accounts”); ALPS Variable Investment Trust, an open-end management investment company organized under the laws of the State of Delaware (the “Fund”); ALPS Advisors, Inc., a corporation organized under the laws of the State of Colorado and investment adviser to the Fund (the “Adviser”); and ALPS Portfolio Solutions Distributor, Inc., a corporation organized under the laws of the State of Colorado and principal underwriter/distributor of the Fund (the “Distributor”).
SERVICES AGREEMENT AMONG ALPS PORTFOLIO SOLUTIONS DISTRIBUTOR, INC. AND ALPS VARIABLE INVESTMENT TRUSTServices Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust • Colorado
This Agreement is entered into as of , 2013, among , a [state] corporation (“Service Provider”), ALPS Portfolio Solutions Distributor, Inc., a Colorado corporation (the “Distributor”), and ALPS Variable Investment Trust, a Delaware statutory trust (the “Trust”).
DISTRIBUTION AGREEMENTDistribution Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust • Colorado
AGREEMENT dated as of April 30, 2013, between ALPS Variable Investment Trust (the “Trust”), an open-end, management investment company organized as a trust under the laws of the State of Delaware, having its principal place of business at 1290 Broadway, Suite 1100, Denver, CO 80203, and ALPS Portfolio Solutions Distributor, Inc., a Colorado corporation and a registered broker-dealer under the Securities Exchange Act of 1934, having its principal place of business at 1290 Broadway, Suite 1100, Denver, Colorado 80203 (the “Distributor”).
SHARE PURCHASE AGREEMENT ALPS VARIABLE INVESTMENT TRUST On behalf of its series, Ibbotson MVP ETF Portfolio and ALPS/Alerian Energy Infrastructure Portfolio (the “Funds”)Share Purchase Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust
This Agreement is made effective as of the day of , 2013 between ALPS Fund Services, Inc., a Colorado corporation (“ALPS”), and ALPS Variable Investment Trust, a Delaware statutory trust (the “Trust”), on behalf of the Funds.
Amendment to Sub-Advisory AgreementSub-Advisory Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust
This Amendment dated as of April 30, 2013 (this “Amendment”) is to the Sub-Advisory Agreement dated as of November 1, 2011 (the “Agreement”), by and among ALPS Variable Investment Trust (formerly, Financial Investors Variable Insurance Trust) (the “Trust”), a Delaware statutory trust, ALPS Advisors, Inc. (the “Adviser”), a Colorado corporation, and Ibbotson Associates, Inc. (the “Sub-Adviser”), a Delaware corporation. Any items not herein defined shall have the meaning ascribed to them in the Agreement.
Amendment to Fund Participation AgreementFund Participation Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust
This Amendment to Fund Participation Agreement (the “Amendment”) is dated April 30, 2013, and is entered into by and among , a [state] insurance company (the “Company”), Financial Investors Variable Insurance Trust, a Delaware Statutory Trust (the “Trust” or the “Fund,” and each series of the Trust listed on Exhibit B, as applicable, a “Portfolio” and collectively, the “Portfolios”), ALPS Advisors, Inc. a Colorado corporation, (“AAI”), ALPS Distributors, Inc., a Colorado corporation (“ADI”) and ALPS Portfolio Solutions Distributor, Inc., a Colorado corporation.
Amendment to Custody AgreementCustody Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust
This Amendment is dated (“Effective Date”) to the Custody Agreement, dated February 27, 2007 (the “Agreement”), and is entered into by and between Financial Investors Variable Insurance Trust, a Delaware statutory trust (the “Trust”), and The Bank of New York Mellon (the “Custodian”).
April 29, 2013 ALPS Variable Investment Trust Board of TrusteesLetter Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust
Amendment to Fund Accounting and Administration AgreementAccounting and Administration Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust
This Amendment dated as of April 30, 2013 (this “Amendment”) is to the Fund Accounting and Administration Agreement dated December 7, 2006 (the “Agreement”), by and between ALPS Fund Services, Inc., a Colorado corporation (“ALPS”), and Financial Investors Variable Insurance Trust, a Delaware statutory trust (the “Trust”). Any items not herein defined shall have the meaning ascribed to them in the Agreement.
ALPS ADVISORS, INC.Financial Investors Variable Insurance Trust • April 5th, 2013
This letter confirms the agreement by ALPS Advisors, Inc. (the “Adviser”) with the Trust to contractually limit the total amount of the “Management Fees” and “Other Expenses” that it is entitled to receive from the Portfolio. To the extent the Total Annual Fund Operating Expenses (as defined in Item 3 to Form N-1A, exclusive of distribution and service (12b-1) fees, shareholder services fees, acquired fund fees and expenses, brokerage commissions, taxes and extraordinary expenses) exceed 0.80% for each of the Class I and III shares of the Portfolio, the Adviser will reduce the fee payable with respect to the Portfolio to the extent of such excess and/or shall reimburse the Portfolio (or Class as applicable) by the amount of such excess. The waiver or reimbursement shall be allocated to each Class of the Portfolio in the same manner as the underlying expenses or fees were allocated.
Amendment to Investment Advisory AgreementInvestment Advisory Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust
This Amendment dated as of April 30, 2013 (this “Amendment”) is to the Investment Advisory Agreement dated as of November 1, 2011 (the “Agreement”), by and between ALPS Variable Investment Trust (formerly, Financial Investors Variable Insurance Trust) (the “Trust”), a Delaware statutory trust, and ALPS Advisors, Inc. (the “Adviser”), a Colorado corporation and investment adviser registered under the Investment Advisers Act of 1940. Any items not herein defined shall have the meaning ascribed to them in the Agreement.
Amendment to Transfer Agency and Services AgreementAgency and Services Agreement • April 5th, 2013 • Financial Investors Variable Insurance Trust
This Amendment dated as of April 30, 2013 (this “Amendment”) is to the Transfer Agency and Services Agreement dated December 7, 2006 (the “Agreement”), by and between ALPS Fund Services, Inc., a Colorado corporation (“ALPS”) and Financial Investors Variable Insurance Trust, a Delaware statutory trust (the “Trust”). Any items not herein defined shall have the meaning ascribed to them in the Agreement.
