ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement ("Agreement"), effective as of
September 30, 1999, by and between ▇▇▇▇▇▇ Associates, Inc., a Delaware
corporation ("Associates"), and ▇▇▇▇▇▇ LLC, a Nevada limited liability company
("LLC").
RECITALS
WHEREAS, Associates or an affiliate of Associates provides investment
advisory and administrative services to the following investment companies: The
One Hundred Fund, Inc.; ▇▇▇▇▇▇ One Hundred and One Fund, Inc., d/b/a ▇▇▇▇▇▇
Growth and Income Fund; ▇▇▇▇▇▇ Small Cap Value Fund, a series of ▇▇▇▇▇▇ Omni
Investment Trust; ▇▇▇▇▇▇ Mid Cap Value Fund, ▇▇▇▇▇▇ Small Company Growth Fund,
▇▇▇▇▇▇ New Generation Fund, ▇▇▇▇▇▇ Balanced Fund, ▇▇▇▇▇▇ Select Fund, ▇▇▇▇▇▇ Mid
Cap Growth Fund, and ▇▇▇▇▇▇ Information Technology Fund, each a series of ▇▇▇▇▇▇
Investment Portfolio Trust; ▇▇▇▇▇▇ IPT-100 Fund, ▇▇▇▇▇▇ IPT-Growth and Income
Fund, ▇▇▇▇▇▇ IPT-Small Company Growth Fund, and ▇▇▇▇▇▇/BIAM IPT-International
Fund, each a series of ▇▇▇▇▇▇ Institutional Products Trust; ▇▇▇▇▇▇/BIAM
International Portfolio, a series of ▇▇▇▇▇▇/BIAM Worldwide Portfolios Trust, and
▇▇▇▇▇▇/BIAM International Fund, ▇▇▇▇▇▇/BIAM International CORE Fund and
International Equity Fund, each a series of ▇▇▇▇▇▇/BIAM Worldwide Funds Trust
(each a "▇▇▇▇▇▇ Fund" and collectively, the "▇▇▇▇▇▇ Funds"); and
WHEREAS, Associates desires to transfer, convey, assign and deliver to
LLC certain agreements and plans relating to the ▇▇▇▇▇▇ Funds to which
Associates is a party or under which Associates has rights or obligations, and
LLC desires to accept and assume such rights and obligations, on the terms and
conditions set forth in this Agreement; and
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
ASSIGNMENT AND ASSUMPTION OF
INVESTMENT ADVISORY AGREEMENTS
1.1 Subject to the terms and conditions herein stated, Associates
hereby assigns, transfers, conveys, delegates and delivers to LLC all of
Associates' rights, interests, duties, obligations, burdens, responsibilities
and liabilities, of every kind and nature whatsoever, whenever created or
incurred, under the investment advisory and sub-advisory agreements to which
Associates is a party, as set forth on EXHIBIT A attached hereto and
incorporated herein by reference (the "Assigned Advisory Agreements").
1.2 Subject to the terms and conditions herein stated, LLC hereby
expressly (i) undertakes, assumes and agrees to perform and/or satisfy each and
every one of Associates' obligations, duties, burdens, responsibilities and
liabilities under the Assigned Advisory Agreements, (ii) agrees to be bound by
all of the provisions of the Assigned Advisory Agreements, to the same extent as
if LLC had initially executed and delivered such agreements, and (iii) agrees to
indemnify Associates from and against any liability, loss, or damage arising
under the Assigned Advisory Agreements.
ARTICLE II
ASSIGNMENT AND ASSUMPTION OF
ADMINISTRATIVE SERVICES AGREEMENTS
2.1 Subject to the terms and conditions herein stated, Associates
hereby assigns, transfers, conveys and delegates to LLC its rights, interests,
duties, obligations, burdens, responsibilities and liabilities, of every kind
and nature whatsoever, whenever created or incurred, under the administrative
services agreements to which Associates is a party, as set forth on EXHIBIT B
attached hereto and incorporated herein by reference (the "Assigned
Administrative Agreements").
2.2 Subject to the terms and conditions herein stated, LLC hereby
expressly (i) undertakes, assumes and agrees to perform and/or satisfy each and
every one of Associates' obligations, duties, burdens, responsibilities and
liabilities under the Assigned Administrative Agreements, (ii) agrees to be
bound by all of the provisions of the Assigned Administrative Agreements, to the
same extent as if LLC had initially executed and delivered such agreements, and
(iii) agrees to indemnify Associates from and against any liability, loss, or
damage arising under the Assigned Administrative Agreements.
ARTICLE III
ASSIGNMENT AND ASSUMPTION OF
FEE WAIVER AGREEMENTS
3.1 Subject to the terms and conditions herein stated, Associates
hereby assigns, transfers, conveys and delegates to LLC its rights, interests,
duties, obligations, burdens, responsibilities and liabilities, of every kind
and nature whatsoever, whenever created or incurred, under the investment
advisory fee waiver agreements to which Associates is a party, as set forth on
EXHIBIT C attached hereto and incorporated herein by reference (the "Assigned
Fee Waiver Agreements").
3.2 Subject to the terms and conditions herein stated, LLC hereby
expressly (i) undertakes, assumes and agrees to perform and/or satisfy each and
every one of Associates' obligations, duties, burdens, responsibilities and
liabilities under the Assigned Fee Waiver Agreements, (ii) agrees to be bound by
all of the provisions of the Assigned Fee Waiver Agreements, to the same extent
as if LLC had initially executed and delivered such agreements, and (iii) agrees
to indemnify Associates from and against any liability, loss, or damage arising
under the Assigned Fee Waiver Agreements.
ARTICLE IV
ASSIGNMENT AND ASSUMPTION OF RULE 12B-1 PLANS AND RULE 18F-3 PLANS
4.1 Subject to the terms and conditions herein stated, Associates
hereby assigns, transfers, conveys and delegates to LLC its rights, interests,
duties, obligations, burdens, responsibilities and liabilities, of every kind
and nature whatsoever, whenever created or incurred, under the separate Rule
12b-1 plans, and the separate Rule 18f-3 plans, adopted by the ▇▇▇▇▇▇ Funds, as
set forth on EXHIBIT D attached hereto and incorporated herein by reference
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(the "Assigned Rule 12b-1 Plans" and "Assigned Rule 18f-3 Plans," respectively,
and collectively, the "Assigned Plans").
4.2 Subject to the terms and conditions herein stated, LLC hereby
expressly (i) undertakes, assumes and agrees to perform and/or satisfy each and
every one of Associates' obligations, duties, burdens and responsibilities under
the Assigned Plans, (ii) agrees to be bound by all of the provisions of the
Assigned Plans relating to Associates, and (iii) agrees to indemnify Associates
from and against any liability, loss, or damage arising under the Assigned
Plans.
ARTICLE V
ASSIGNMENT AND ASSUMPTION OF PARTICIPATION AGREEMENTS
5.1 Subject to the terms and conditions herein stated, Associates
hereby assigns, transfers, conveys and delegates to LLC its rights, interests,
duties, obligations, burdens, responsibilities and liabilities, of every kind
and nature whatsoever, whenever created or incurred, under the participation
agreements to which Associates is a party, as set forth on EXHIBIT E attached
hereto and incorporated herein by reference (the "Assigned Participation
Agreements").
5.2 Subject to the terms and conditions herein stated, LLC hereby
expressly (i) undertakes, assumes and agrees to perform and/or satisfy each and
every one of Associates' obligations, duties, burdens, responsibilities and
liabilities under the Assigned Participation Agreements, (ii) agrees to be bound
by all of the provisions of the Assigned Participation Agreements, to the same
extent as if LLC had initially executed and delivered such agreements, and (iii)
agrees to indemnify Associates from and against any liability, loss, or damage
arising under the Assigned Participation Agreements.
ARTICLE VI
ASSIGNMENT AND ASSUMPTION OF REORGANIZATION AGREEMENT
6.1 Subject to the terms and conditions herein stated, Associates
hereby assigns, transfers, conveys and delegates to LLC its rights, interests,
duties, obligations, burdens, responsibilities and liabilities, of every kind
and nature whatsoever, whenever created or incurred, under the separate
Agreement and Plan of Reorganization, dated April 16, 1999, between Advisors
Series Trust with respect to its series InformationTech 100 Fund and ▇▇▇▇▇▇
Investment Portfolio Trust with respect to its series ▇▇▇▇▇▇ Information
Technology Fund (the "Assigned Reorganization Agreement").
6.2 Subject to the terms and conditions herein stated, LLC hereby
expressly (i) undertakes, assumes and agrees to perform and/or satisfy each and
every one of Associates' obligations, duties, burdens, responsibilities and
liabilities under the Assigned Reorganization Agreement, (ii) agrees to be bound
by all of the provisions of the Assigned Reorganization Agreement relating to
Associates, and (iii) agrees to indemnify Associates from and against any
liability, loss, or damage arising under the Assigned Reorganization Agreement.
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ARTICLE VII
GENERAL PROVISIONS
7.1 CONDITIONS TO ASSIGNMENT AND ASSUMPTION. The assignment by
Associates, and the assumption by LLC, of the Assigned Advisory Agreements, the
Assigned Administrative Services Agreements, the Assigned Fee Waiver Agreements,
the Assigned Plans, the Assigned Participation Agreements and the Assigned
Reorganization Agreement are subject to obtaining such approval of the Board of
Directors or Board of Trustees, as the case may be, of the ▇▇▇▇▇▇ Funds to which
such agreements relate, as may be required under the Investment Company Act of
1940, by order of the Board of Governors of the Federal Reserve Board, or by any
other applicable law, rule, regulation or order, and to obtaining such consents
as may be required under the provisions of such assigned agreements.
7.2 FURTHER ASSURANCES. Associates and LLC each shall take such action
and execute and deliver to the other party all such instruments and documents as
such other party may reasonably request to carry out the intent and purposes of
this Agreement and the transactions contemplated hereby. In particular,
Associates and LLC acknowledge the purpose of this Agreement is to: assign to
LLC all of the rights, interests, duties, obligations, burdens, responsibilities
and liabilities under the investment advisory and sub-advisory agreements to
which Associates is a party; assign to LLC all of the rights, interests, duties,
obligations, burdens, responsibilities and liabilities under the administrative
services agreements to which Associates is a party; assign to LLC all of the
rights, interests, duties, obligations, burdens, responsibilities and
liabilities under the investment advisory fee waiver agreements to which
Associates is a party; assign to LLC all of Associates' rights, interests,
duties, obligations, burdens, responsibilities and liabilities under the
Assigned Plans; assign to LLC all of the rights, interests, duties, obligations,
burdens, responsibilities and liabilities under the participation agreements to
which Associates is a party; assign to LLC all of the rights, interests, duties,
obligations, burdens, responsibilities and liabilities under the Assigned
Reorganization Agreement; and to assign to LLC, and for LLC to accept and
assume, all of Associates' rights, interests, duties, obligations, burdens,
responsibilities and liabilities as described in Sections 1.2, 2.2, 3.2, 4.2,
5.2 and 6.2 herein, so that if any such agreement, or right, interest, duty,
obligation, burden, responsibility or liability is inadvertently not included
specifically in this Agreement, Associates and LLC agree to take the appropriate
actions needed to transfer any such agreement or right, interest, duty,
obligation, burden, responsibility or liability to LLC and for LLC to assume the
same.
7.3 GOVERNING LAW. The interpretation and construction of this
Agreement, and all matters relating thereto, shall be governed by the laws of
the State of Colorado, without regard to its principles of conflicts of law.
7.4 ASSIGNMENT AND AMENDMENT. This Agreement may not be transferred,
assigned, pledged or hypothecated by any party without the prior written consent
of the other party. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and permitted
assigns. This Agreement may not be changed or modified except by a written
amendment hereto signed by all parties affected by such amendment.
7.5 COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which so executed shall be deemed an original and all of
which together shall constitute one and the same agreement.
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IN WITNESS WHEREOF, each of the parties have executed this Agreement as
of the day and year first set forth above.
▇▇▇▇▇▇ ASSOCIATES, INC. ▇▇▇▇▇▇ LLC
By: By:
--------------------------- ------------------------------
▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
President President
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EXHIBIT A
ASSIGNED ADVISORY AGREEMENTS
The following are the Assigned Advisory Agreements being assigned by
Associates and assumed by LLC pursuant to Article I of the Agreement:
1. Investment Advisory Agreement, dated October 14, 1994, between
▇▇▇▇▇▇ Associates, Inc. and The One Hundred Fund, Inc.;
2. Investment Advisory Agreement, dated October 14, 1994, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ One Hundred and One Fund, Inc.;
3. Investment Advisory Agreement, dated February 14, 1997, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Omni Investment Trust;
4. Investment Advisory Agreement, dated October 14, 1994, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ Small Company Growth Fund;
5. Investment Advisory Agreement, dated March 6, 1996, between ▇▇▇▇▇▇
Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to ▇▇▇▇▇▇
New Generation Fund;
6. Investment Advisory Agreement, dated December 31, 1997, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ Mid Cap Growth Fund;
7. Investment Advisory Agreement, dated December 31, 1997, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ Select Fund;
8. Investment Advisory Agreement, dated September 3, 1997, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ Balanced Fund;
9. Investment Advisory Agreement, dated July 7, 1998, between ▇▇▇▇▇▇
Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to ▇▇▇▇▇▇
Mid Cap Value Fund;
10. Investment Advisory Agreement, dated July 1, 1999, between ▇▇▇▇▇▇
Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to ▇▇▇▇▇▇
Information Technology Fund;
11. Investment Advisory Agreement, dated April 16, 1996, between ▇▇▇▇▇▇
Associates, Inc. and ▇▇▇▇▇▇ Institutional Products Trust with respect to ▇▇▇▇▇▇
IPT-100 Fund;
12. Investment Advisory Agreement, dated April 16, 1996, between ▇▇▇▇▇▇
Associates, Inc. and ▇▇▇▇▇▇ Institutional Products Trust with respect to ▇▇▇▇▇▇
IPT-Growth and Income Fund;
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13. Investment Advisory Agreement, dated April 16, 1996, between ▇▇▇▇▇▇
Associates, Inc. and ▇▇▇▇▇▇ Institutional Products Trust with respect to ▇▇▇▇▇▇
IPT-Small Company Growth Fund;
14. Sub-Advisory Agreement, dated February 14, 1997, between ▇▇▇▇▇▇
Associates, Inc. and Perkins, Wolf, ▇▇▇▇▇▇▇▇▇ & Company
15. Sub-Advisory Agreement, dated July 7, 1998, between ▇▇▇▇▇▇
Associates, Inc. and Perkins, Wolf, ▇▇▇▇▇▇▇▇▇ & Company
16. Sub-Advisory Agreement, dated July 1, 1999, between ▇▇▇▇▇▇
Associates, Inc. and Bay Isle Financial Corporation
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EXHIBIT B
ASSIGNED ADMINISTRATIVE SERVICES AGREEMENTS
The following are the Assigned Administrative Services Agreements being
assigned by Associates and assumed by LLC pursuant to Article II of the
Agreement:
1. Administrative Services Agreement, dated October 1, 1992, between
▇▇▇▇▇▇ Associates, Inc. and The One Hundred Fund, Inc.;
2. Administrative Services Agreement, dated October 1, 1992, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ One Hundred and One Fund, Inc.;
3. Administrative Services Agreement, dated December 22, 1993, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ Small Company Growth Fund;
4. Administrative Services Agreement, dated March 6, 1996, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ New Generation Fund;
5. Administrative Services Agreement, dated September 3, 1997, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ Balanced Fund;
6. Administrative Services Agreement, dated December 31, 1997, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ Select Fund;
7. Administrative Services Agreement, dated December 31, 1997, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ Mid Cap Growth Fund;
8. Administrative Services Agreement, dated July 7, 1998, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ Mid Cap Value Fund;
9. Administrative Services Agreement, dated July 1, 1999, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Investment Portfolio Trust with respect to
▇▇▇▇▇▇ Information Technology Fund;
10. Administrative Services Agreement, dated April 16, 1996, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Institutional Products Trust with respect to
▇▇▇▇▇▇ IPT-100 Fund;
11. Administrative Services Agreement, dated April 16, 1996, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Institutional Products Trust with respect to
▇▇▇▇▇▇ IPT-Growth and Income Fund;
12. Administrative Services Agreement, dated April 16, 1996, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Institutional Products Trust with respect to
▇▇▇▇▇▇ IPT-Small Company Growth Fund;
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13. Administrative Services Agreement, dated February 14, 1997, between
▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇ Omni Investment Trust with respect to its
series, the ▇▇▇▇▇▇ Small Cap Value Fund;
14. Sub-Administration Agreement, dated October 11, 1996, between
▇▇▇▇▇▇ Associates, Inc. and BBOI Worldwide LLC with respect to the series of
▇▇▇▇▇▇/BIAM Worldwide Funds Trust;
15. Sub-Administration Agreement, dated May 1, 1997, between ▇▇▇▇▇▇
Associates, Inc. and BBOI Worldwide LLC with respect to the ▇▇▇▇▇▇/BIAM
IPT-International Fund, a series of ▇▇▇▇▇▇ Institutional Products Trust.
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EXHIBIT C
ASSIGNED FEE WAIVER AGREEMENTS
The following are the Assigned Fee Waiver Agreements being assigned by
Associates and assumed by LLC pursuant to Article III of the Agreement:
1. Letter Agreement, dated April 15, 1999, from ▇▇▇▇▇▇ Associates, Inc.
to ▇▇▇▇▇▇ Institutional Products Trust with respect to the ▇▇▇▇▇▇ IPT-100 Fund,
regarding advisory fee waiver and reimbursement of fund expenses;
2. Letter Agreement, dated April 15, 1999, from ▇▇▇▇▇▇ Associates, Inc.
to ▇▇▇▇▇▇ Institutional Products Trust with respect to the ▇▇▇▇▇▇ IPT-Growth and
Income Fund, regarding advisory fee waiver and reimbursement of fund expenses;
3. Letter Agreement, dated April 15, 1999, from ▇▇▇▇▇▇ Associates, Inc.
to ▇▇▇▇▇▇ Institutional Products Trust with respect to the ▇▇▇▇▇▇ IPT-Small
Company Growth Fund, regarding advisory fee waiver and reimbursement of fund
expenses;
4. Letter Agreement, dated February 18, 1999, from ▇▇▇▇▇▇ Associates,
Inc. to ▇▇▇▇▇▇ Investment Portfolio Trust with respect to the ▇▇▇▇▇▇ Mid Cap
Growth Fund, regarding advisory fee waiver;
5. Letter Agreement, dated February 18, 1999, from ▇▇▇▇▇▇ Associates,
Inc. to ▇▇▇▇▇▇ Investment Portfolio Trust with respect to the ▇▇▇▇▇▇ Balanced
Fund, regarding advisory fee waiver;
6. Letter Agreement, dated April 30, 1996, from ▇▇▇▇▇▇ Associates, Inc.
to ▇▇▇▇▇▇ Investment Portfolio Trust with respect to the ▇▇▇▇▇▇ Small Company
Growth Fund, regarding advisory fee waiver;
7. Letter Agreement, dated March 6, 1996, from ▇▇▇▇▇▇ Associates, Inc.
to ▇▇▇▇▇▇ Investment Portfolio Trust with respect to the ▇▇▇▇▇▇ New Generation
Fund, regarding advisory fee waiver;
8. Letter Agreement, dated April 30, 1996, from ▇▇▇▇▇▇ Associates, Inc.
to The One Hundred Fund, Inc., regarding advisory fee waiver;
9. Letter Agreement, dated April 30, 1996 from ▇▇▇▇▇▇ Associates, Inc.
to ▇▇▇▇▇▇ One Hundred and One Fund, Inc., regarding advisory fee waiver; and
10. Letter Agreement, dated July 1, 1999 from ▇▇▇▇▇▇ Associates, Inc.
to ▇▇▇▇▇▇ Investment Portfolio Trust with respect to the ▇▇▇▇▇▇ Information
Technology Fund, regarding advisory fee waiver and reimbursement of fund
expenses.
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EXHIBIT D
ASSIGNED RULE 12B-1 PLANS
1. Rule 12b-1 Plan for The One Hundred Fund, Inc., dated October 14,
1994.
2. Rule 12b-1 Plan for ▇▇▇▇▇▇ One Hundred and One Fund, Inc., dated
October 14, 1994.
3. Amended and Restated Rule 12b-1 Plan for the Investor Shares of the
▇▇▇▇▇▇ Small Company Growth Fund, dated July 6, 1999.
4. Amended and Restated Rule 12b-1 Plan for the Investor Shares of the
▇▇▇▇▇▇ New Generation Fund, dated July 6, 1999.
5. Rule 12b-1 Plan for ▇▇▇▇▇▇ Balanced Fund, dated September 3, 1997.
6. Rule 12b-1 Plan for ▇▇▇▇▇▇ Select Fund, dated December 31, 1997.
7. Rule 12b-1 Plan for ▇▇▇▇▇▇ Mid Cap Growth Fund, dated December 31,
1997.
8. Rule 12b-1 Plan for ▇▇▇▇▇▇ Mid Cap Value Fund, dated July 7, 1998.
9. Rule 12b-1 Plan for the Investor Shares of the ▇▇▇▇▇▇ Small Cap
Value Fund, dated February 14, 1997.
10. Rule 12b-1 Plan for ▇▇▇▇▇▇/BIAM International Fund, dated
October 11, 1996.
11. Rule 12b-1 Plan for the Investor Shares of ▇▇▇▇▇▇ Information
Technology Fund, dated July 1, 1999.
ASSIGNED RULE 18F-3 PLANS
1. Rule 18f-3 Plan for Multiple Classes of Shares of the ▇▇▇▇▇▇ Small
Cap Value Fund, dated February 14, 1997.
2. Rule 18f-3 Plan for Multiple Classes of Shares of the ▇▇▇▇▇▇ Small
Company Growth Fund, dated July 6, 1999.
3. Rule 18f-3 Plan for Multiple Classes of Shares of the ▇▇▇▇▇▇ New
Generation Fund, dated July 6, 1999.
4. Rule 18f-3 Plan for Multiple Classes of Shares of the ▇▇▇▇▇▇
Information Technology Fund, dated July 1, 1999.
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EXHIBIT E
ASSIGNED PARTICIPATION AGREEMENTS
1. Participation Agreement, dated April 15, 1996, between Great
American Reserve Insurance Company, ▇▇▇▇▇▇ Institutional Products Trust and
▇▇▇▇▇▇ Associates, Inc.
2. Participation Agreement, dated December 10, 1996, between Ameritas
Life Insurance Corp., ▇▇▇▇▇▇ Institutional Products Trust and ▇▇▇▇▇▇ Associates,
Inc.
3. Participation Agreement, dated May 1, 1998, between Canada Life
Insurance Company of America, ▇▇▇▇▇▇ Institutional Products Trust and ▇▇▇▇▇▇
Associates, Inc.
4. Participation Agreement, dated May 1, 1998, between Canada Life
Insurance Company of New York, ▇▇▇▇▇▇ Institutional Products Trust and ▇▇▇▇▇▇
Associates, Inc.
5. Participation Agreement, dated March 4, 1997, between Prudential
Insurance Company of America, ▇▇▇▇▇▇ Institutional Products Trust and ▇▇▇▇▇▇
Associates, Inc.
6. Participation Agreement, dated May 1, 1997, between Great-West Life
& Annuity Insurance Company, ▇▇▇▇▇▇ Institutional Products Trust, ▇▇▇▇▇▇
Associates, Inc., ▇▇▇▇▇▇ Distributors, Inc. and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & Co., Inc.
7. Participation Agreement, dated May 1, 1997, between First Great-West
Life & Annuity Insurance Company, ▇▇▇▇▇▇ Institutional Products Trust, ▇▇▇▇▇▇
Associates, Inc., ▇▇▇▇▇▇ Distributors, Inc. and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & Co., Inc.
