Exhibit (a)(4)
XXXX XXXXXXXXX VARIABLE INSURANCE TRUST
AMENDMENT NO. 3 TO
AGREEMENT AND DECLARATION OF TRUST
The undersigned, being all of the trustees of Xxxx Xxxxxxxxx Variable
Insurance Trust, a Massachusetts business trust created and existing under an
Agreement and Declaration of Trust dated March 1, 1998, as amended, a copy of
which is on file in the Office of the Secretary of The Commonwealth of
Massachusetts (the "Trust"), having determined that it is consistent with the
fair and equitable treatment of all Shareholders to change the name of the sole
series of the Trust, do hereby direct that this Amendment No. 3 be filed with
the Secretary of The Commonwealth of Massachusetts and do hereby consent to and
adopt the following amendment to the Agreement and Declaration of trust:
1. The first sentence of Section 6 of Article III of the Second Amended
and Restated Agreement and Declaration of Trust is amended and restated in its
entirety to read as follows:
"Without limiting the authority of the Trustees set forth in Section
5, INTER ALIA, to establish and designate any further Series or Classes of
Shares or to modify the rights and preferences of any Series or Class, the
"Laudus Xxxxxxxxx VIT Value Long/Short Equity Fund" (formerly the AXA
Xxxxxxxxx VIT Value Long/Short Equity Fund) shall be, and is hereby,
established and designated; and with respect to the Laudus Xxxxxxxxx VIT
Value Long/Short Equity Fund, the Class 1 Shares Class and Class 2 Shares
Class, which may be issued by such Series from time to time, shall be, and
are hereby, established and designated, both of which Classes shall have
the respective rights and preferences as are set forth in the Plan attached
as Exhibit 3.6 hereto as such Plan may be amended from time to time by the
Board of Trustees."
The foregoing amendment shall become effective upon execution by the
undersigned trustees. This amendment may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which taken together shall
constitute one instrument.
IN WITNESS WHEREOF, each of the undersigned Trustees as aforesaid do hereto
set their hands this 25th day of February, 2003.
/s/ XXXX XXXXXXXXX
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Xxxx Xxxxxxxxx
/s/ XXXXXXX XXXX
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Xxxxxxx Xxxx
/s/ XXXXXXX X. XXXXXX
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Xxxxxxx X. Xxxxxx
/s/ XXXXXX X. XXXXXX
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Xxxxxx X. Xxxxxx
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