AMENDMENT NO. 3 TO FUND AGREEMENT
AMENDMENT
NO. 3 TO FUND AGREEMENT
This
Amendment ("Amendment") is made and entered into as of the 27th day of October,
2006 between Nationwide Financial Services, Inc., a Delaware corporation, on
behalf of its subsidiaries and affiliates listed on Exhibit A (individually
or
collectively, "NFS"), Rydex Variable Trust, a Delaware business trust (the
"Trust"), and Rydex Distributors, Inc., a Maryland corporation (the
"Distributor"), and amends the Fund Agreement dated as of September 10, 2001,
as
amended ( the "Agreement").
WHEREAS,
the parties to the Agreement desire to revise Exhibit A to include
trust/custodial accounts offered by NFS as funding vehicles to
Plans.
WHEREAS,
the parties to the Agreement desire to revise the fees payable for services
provided by NFS to Plans effective December I, 2006 to all assets in new Plans;
and
NOW,
THEREFORE, the parties agree as follows:
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I
.
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Exhibit
A of the Agreement is deleted in its entirety and replaced with the
attached Exhibit A.
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2.
The fee payment table in Exhibit C Services Provided by NFS to Plans,
numerical paragraph 9, shall be replaced with the following fee payment
table:
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The
fee
for the above services shall be based on the aggregate Plan assets invested
in
the Other Rydex Funds as follows:
Collective
Asset
Level BasisPoints'
$0
-
$250,000,000 (redacted)
bps per annum
$250,000,000
-
$500,00{),000 (redacted)
bps per annum
$500,000,000
f
50
bps per annum
The
fees
are not applicable to assets invested in the Rydex Series Funds U.S. Government
Money Market Fund.
1
Effective
12/01/06,
the fees payable shall be (redacted) bps to all assets in new
Plans.
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3.
All other terms and provisions of the Agreement not amended herein
shall
remain in full force and effect.
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IN
WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment
as of the date first above written.
NATIONWIDE
FINANCIAL SERVICES, INC.
By: /s/▇▇▇▇▇
▇.▇▇▇▇▇▇
Name:
▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Attorney-in-Fact
RYDEX
DISTRIBUTORS, INC.
RYDEX
VARIABLE TRUST
By: /s/
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
Name:
▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇
Title:
CEO
By: /s/
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
Name:
▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇
Title:
CEO
EXHIBIT
A
This
Exhibit corresponds to Amendment No. 3 to the Agreement.
Affiliates
and Subsidiaries:
All
affiliates, subsidiaries and registered broker dealers of NFS.
Variable
Accounts:
All
registered and unregistered separate accounts of NFS, its affiliates and
subsidiaries.
Trust/CustodialAccounts:
All
trust/custodial accounts offered by NFS, its affiliates and subsidiaries, as
funding vehicles to Plans.