Common use of Instrument of Adherence Clause in Contracts

Instrument of Adherence. (a) In reliance on each of the representations, warranties and covenants set forth herein, each of the Banks and the Agents hereby agrees that: (i) each of Excelsior Funds, Inc., Excelsior Funds Trust and Excelsior Tax-Exempt Funds, Inc. (each, an “Additional Entity”) shall become an Entity for all purposes of the Credit Agreement and each of the other Loan Documents and that each of the series of each such Additional Entity listed on Schedule 2 as amended hereby shall be a Series of such Entity for purposes of the Credit Agreement and each of the other Loan Documents; and (ii) Columbia Money Market Fund, Variable Series, a series of Columbia Funds Variable Insurance Trust (the “Insurance Trust”), shall be a Series of the Insurance Trust for purposes of the Credit Agreement and each of the other Loan Documents. Each series of each Additional Entity listed on Schedule 2 as amended hereby and the Columbia Money Market Fund, Variable Series each shall be referred to herein as a “New Series”. (b) Each of the Additional Entities and the Insurance Trust hereby severally covenants and agrees that it shall, on behalf of each of its New Series, comply with and be bound by all of the terms, conditions and covenants of the Credit Agreement, as amended hereby, and each of the other Loan Documents. Without limiting the generality of the preceding sentence, each of the Additional Entities and the Insurance Trust, on behalf of each of its New Series, hereby severally promises to duly and punctually pay or cause to be paid from the assets of such New Series the principal of and interest on all Loans made for the benefit of such New Series, along with such New Series’ allocated share of all fees and expenses under the Loan Documents. Each of the Banks, the Agents, the Additional Entities and the Insurance Trust hereby agrees that, with respect to each of the New Series of each of the Additional Entities and the Insurance Trust, the term “Effective Date” as used in Section 4.07 of the Credit Agreement shall mean October 18, 2007.