Common use of 12b-1 Fees Clause in Contracts

12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares, Distributor shall make monthly payments to ING Financial based on the annual rate of ____% (_______% monthly) of the average net assets invested in the K Share Funds and N Share Funds through the Contracts or through Insurer’s arrangements with Plans in each calendar month. Distributor will make such payments to ING Financial within thirty (30) days after the end of each calendar month. Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Distributor to offset other fees payable by the Plan to ING Financial. In the event a fund omnibus Plan account "N" or "I" Share Class Position is also subject to a Plan of Distribution or revenue sharing broker-dealer payment, Service Provider will receive no payment on such omnibus Plan account "N" or "I" Share Class Position. To avoid confusion, the foregoing means that the Service Provider will not receive a fee if TBS is also paying a fee to a broker-dealer with respect to the omnibus Plan account "N" or "I" Share Class Position.

12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or administrative services related to Fund Shares, Distributor shall make monthly quarterly payments to ING Financial Financial, as specified in Schedule B (attached), based on the annual rate of ____% (_______% monthly) of the average net assets invested in the K Share Funds and N Share Funds through the Contracts or through each Insurer’s arrangements with Plans in each calendar monthquarter. Distributor will make such payments to ING Financial within thirty (30) days after the end of each calendar monthquarter. Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Distributor to offset other fees payable by the Plan to ING Financial. In the event a fund omnibus Plan account "“N" ” or "“I" ” Share Class Position is also subject to a Plan of Distribution or revenue sharing broker-dealer payment, Service Provider ING Financial will receive no payment on such omnibus Plan account "“N" ” or "“I" ” Share Class Position. To avoid confusion, the foregoing means that the Service Provider ING Financial will not receive a fee if TBS Distributor is also paying a fee to a broker-dealer with respect to the omnibus Plan account "“N" ” or "“I" ” Share Class Position.

12b-1 Fees. To compensate ING Financial for its distribution of Fund Shares or administrative services related to Fund Shares, Distributor shall make monthly quarterly payments to ING Financial Financial, as specified in Schedule B (attached), based on the annual rate of ____% (_______% monthly) of the average net assets invested in the K Share Funds and N Share Funds through the Contracts or through each Insurer’s arrangements with Plans in each calendar monthquarter. Distributor will make such payments to ING Financial within thirty (30) days after the end of each calendar monthquarter. Each payment will be accompanied by a statement showing the calculation of the fee payable to ING Financial for the quarter and such other supporting data as may be reasonably requested by ING Financial. If required by a Plan or by applicable law, ING Financial shall have the right to allocate to a Plan or to Participant accounts in a Plan all or a portion of such 12b-1 fees, or to use 12b-1 fees it collects from Distributor to offset other fees payable by the Plan to ING Financial. In the event a fund omnibus Plan account "“N" ” or "“I" ” Share Class Position is also subject to a Plan of Distribution or revenue sharing broker-dealer payment, Service Provider ING Financial will receive no payment on such omnibus Plan account "“N" ” or "“I" ” Share Class Position. To avoid confusion, the foregoing means that the Service Provider ING Financial will not receive a fee if TBS Distributor is also paying a fee to a broker-dealer with respect to the omnibus Plan account "“N" ” or "“I" ” Share Class Position.. 5. The following is added as Section 12(d) to the Agreement: (d)