Exhibit (h)(17)
Retirement Plan Same Day Exchange Processing Amendment dated as of
August 21, 2002 to Operating Agreement dated as of June 6, 1997
between Xxxxxxx Xxxxxx & co., Inc. and One Group Mutual Funds.
RETIREMENT PLAN SAME DAY EXCHANGE PROCESSING AMENDMENT
TO THE OPERATING AGREEMENT
This Amendment ("Amendment") by Xxxxxxx Xxxxxx and Co., Inc. ("Schwab"),
made as of April 1, 2003, amends Exhibit A (the "Operating Procedures") of the
Operating Agreement between Schwab and each registered investment company ("Fund
Company") and each of the series or classes of shares ("Fund(s)"), which are
parties thereto, made as of June 6, 1997, as amended thereafter ("Operating
Agreement"). Capitalized terms used, but not defined, in this Amendment shall
have the respective meanings given to them in the Operating Agreement.
WHEREAS, Exhibit A to the Operating Agreement (the "Operating Procedures")
is amendable by Schwab on 40 days notice to Fund Company, and Schwab has
provided this executed Amendment to Fund Company 40 days prior to its effective
date;
WHEREAS, Schwab desires to amend the Operating Procedures to provide
special procedures for "same day exchange" processing of purchase and redemption
orders for Fund by participating retirement and deferred compensation plans
(including personal choice retirement accounts or otherwise) and trusts used to
fund those plans, including, but not limited to, those defined in Section
401(a), 403(b), or 457 of the Internal Revenue Code and "rabbi trusts" for which
(a) Schwab acts as broker-dealer, (b) The Xxxxxxx Xxxxxx Trust Company ("CSTC")
acts as trustee or custodian of the trust funds under the Plans, and/or (c)
Schwab Retirement Plan Services, Inc. or another entity acts as recordkeeper
("Record keeper") (each such retirement plan is referred to as a "Plan"); and
WHEREAS, Schwab desires to amend the Operating Procedures to provide
alternative procedures to assist the Board of a Fund in considering the adequacy
of internal controls at Schwab and its Sub- Designees to be used instead of
independent internal control structure reports.
NOW THEREFORE, in consideration of the foregoing and the mutual promises
set forth below, the Operating Procedures are hereby amended as follows:
1. Plan Orders. For purposes of processing the Orders of Plans
participating in Xxxxxx'x same day exchange program, Schwab shall designate CSTC
and Recordkeepers to receive instructions in proper form prior to Market Close
from the persons authorized to direct investment of Plan assets ("Instructions")
and to derive from such Instructions orders for purchase or redemption of Fund
Shares ("Plan Orders") for transmission to the Funds after Market Close. The
parties agree that Plan Orders shall be treated as Orders under the Operating
Agreement except as set forth in this Amendment.
2. Transmission of Plan Orders. Schwab agrees that:
(a) With respect to Plan Orders submitted through Fund/Serv, except as
forth in Section 3(c)(i) and (ii) below, (i) Plan Orders derived from
Instructions received by a Recordkeeper prior to Market Close on Day 1 will be
transmitted by Schwab to Fund Company through Fund/Serv in the manner and within
the time frame permitted for such Orders by NSCC/Fund/Serv Rules (currently
prior to 4:00 a.m. Eastern time) on Day 2 ("Day 1 Plan Trades"); and (ii) Plan
Orders derived from Instructions received by a Recordkeeper at or after Market
Close on Day 1 will be transmitted to Fund Company through Fund/Serv in the
manner and within the time frame permitted for such Plan Orders by NSCC/Fund
Serv Rules (currently prior to 4:00 a.m. Eastern time) on Day 3 ("Day 2 Plan
Trades"); and
(b) With respect to Plan Orders transmitted outside of Fund/Serv, (i)
Plan Orders derived from Instructions received by a Recordkeeper prior to Market
Close on Day 1 will be transmitted by Schwab to Fund Company by 10:00 a.m.
Eastern time on Day 2 (also "Day 1 Plan Trades"); and (ii) Plan Orders derived
from Instructions received by a Recordkeeper at or after Market Close on Day 1
will be transmitted to Fund Company by 10:00 a.m. Eastern time on Day 3 (also
"Day 2 Plan Trades").
3. Fund's Pricing of Plan Orders. Fund Company agrees that:
(a) Except as set forth in Section 3(c)(i) and (ii) below, Day 1 Plan
Trades will be effected at the Net Asset Value of each Fund's shares calculated
as of Market Close on Day 1, and Day 2 Plan Trades will be effected at the Net
Asset Value calculated as of Market Close on Day 2, provided that either (i)
such trades are transmitted to Fund Company through Fund/Serv in the manner and
within the time frame permitted by NSCC Fund/Serv Rules as set forth in Sections
2(a)(i) and (ii) above; or (ii) such trades are transmitted outside of Fund/Serv
and received by Fund Company, within the time frame set forth in Sections
2(b)(i) and (ii) above;
(b) Consistent with the foregoing, Day 1 Plan Trades will have been
received by Fund Company prior to Market Close on Day 1, and Day 2 Plan Trades
will have been received by Fund Company prior to Market Close on Day 2 for all
purposes, including, without limitation, settlement and effecting distributions;
and
(c) Notwithstanding Sections 2(a)(i) and (ii) above:
(i) Schwab is prevented from transmitting Day 1 Plan Trades to Fund
Company through Fund/Serv by 4:00 a.m. on Day 2 due to unforeseen circumstances
(such as computer system failures experienced by Schwab or by the NSCC, natural
catastrophes, or other emergencies or human error), provided that Schwab
notifies Fund Company of such contingency prior to 4:00 a.m. Eastern time on Day
2, Schwab may transmit the Day 1 Plan Trades through means other than Fund/Serv
by 10:00 a.m. Eastern time on Day 2, and such Day 1 Plan Trades will be effected
at the Net Asset Value calculated as of Market Close on Day 1; and
(ii) in the event that Fund Company rejects a Day 1 Plan Trade
transmitted through Fund/Serv, (or notifies Schwab prior to the next opening of
the New York Stock Exchange that it would have rejected the Day 1 Plan Trade had
there not been a systems error), and the parties agree that such rejection can
be remediated by Schwab, Schwab may follow the procedures for transmitting
trades as set forth in Section 3(c)(i) above, and such Day 1 Plan Trades will be
effected at the Net Asset Value calculated as of Market Close on Day 1.
4. Adequacy of Controls Representations, Warrantees, and Procedures
(a) Xxxxxx'x Controls. Schwab represents and warrants that (i) Schwab has
adopted and implemented written internal controls adequate to prevent or detect
on a timely basis Orders received after Market Close from being aggregated with
Orders received before Market Close and to minimize errors that could result in
late transmission of Orders to the Fund ("Internal Control Procedures"); and
(ii) Schwab will review annually the adequacy -of its Internal Control
Procedures and will change and modify them as necessary to maintain their
adequacy. Upon request by Fund Company, Schwab will provide Fund Company with a
description of the Internal Control Procedures and a certification from Schwab
that they are adequate as of the most recent annual review. The description of
Internal Control Procedures and the certification will be prepared by Schwab and
provided to Fund Company in place of and not in addition to an internal control
structure report by an independent party.
(b) Sub-Designees' Controls. Schwab represents and warrants that (i) each
Sub-Designee will be required to adopt and implement written internal controls
adequate to prevent or detect on a timely basis Orders received after Market
Close from being aggregated with Orders received before Market Close
("Sub-Designee Internal Control Procedures"); and (ii) each Sub-Designee will be
required to review annually the adequacy of its Sub-Designee Internal Control
Procedures and to change and modify them as necessary to maintain their
adequacy. Upon request by Fund Company, Schwab will certify, as to each
Sub-Designee, that the Sub-Designee has adopted and implemented Sub-Designee
Internal Control Procedures that are adequate as of the most recent annual
review. The certification will be provided by Schwab to Fund Company in place of
and not in addition to an internal control structure report by an independent
party.
5. Effectiveness: Control. This Amendment amends and supplements the
provisions of the Operating Procedures and shall become effective on April 1,
2003. Upon effectiveness, all other provisions of the Operating Procedures shall
remain in full force and effect. In the event of a conflict
between the provisions of this Amendment and the provisions of the Operating
Procedures, the provisions of this Amendment shall control.
IN WITNESS WHEREOF, this Amendment has been executed by a duly authorized
representative of Schwab.
XXXXXXX XXXXXX & CO., INC.
By: /s/ Xxxx Xxxxx
-------------------
Xxxx Xxxxx
Vice President
Mutual Fund Client Services
Date: December 10, 2002
-----------------
AMENDMENT TO OPERATING AGREEMENT
This Amendment ("Amendment") is made as of March 18, 1999, by and
between Xxxxxxx Xxxxxx & Co., Inc. ("Schwab"), a California corporation, and
each registered investment company ("Fund Company") executing this Amendment on
its own behalf and on behalf of each of its series or classes of shares
("Fund(s)") listed on Schedule I hereto, and amends the Operating Agreement
between the parties, made as of June 6, 1997, as amended thereafter ("Operating
Agreement"). All capitalized terms used in the Amendment and not defined herein
shall have the meaning ascribed to them in the Operating Agreement.
WHEREAS, the parties wish to amend Schedule I to the Operating
Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual
promises set forth below, the parties agree as follows:
1. Schedule I to the Operating Agreement shall be deleted in its entirety
and the Schedule I attached hereto shall be inserted in lieu thereof.
2. Except as specifically set forth herein, all other provisions of the
Operating Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date first written above.
XXXXXXX XXXX & CO., INC. ONE GROUP MUTUAL FUNDS, on its own
behalf and on behalf of each Fund
By: /s/ Xxxx Xxxxx listed on Schedule I hereto
-------------------------------
Xxxx Xxxxx By: /s/ Xxxxxx X. Xxxxx
Vice President -------------------------------
Mutual Fund Client Services
Name: Xxxxxx X. Xxxxx
Date: 8/21/02 -----------------------------
-----------------------------
Title: VP
----------------------------
Date: 7/1/02
-----------------------------
SCHEDULE I TO THE OPERATING AGREEMENT
Fund Company /Funds Effective Date
------------------- --------------
One Group Mutual Funds
One Group Bond Fund, Class A RDM; FEE 1 3/18/99
One Group Bond Fund, Class I* SI; FEE 1 3/18/99
One Group Diversified Equity Fund, Class I* SI; FEE 2 11/24/98
One Group Diversified Mid Cap Fund, Class A RDM; FEE 1 11/10/97
One Group Diversified Mid Cap Fund, Class I* SI; FEE 1 3/18/99
One Group Equity Income Fund, Class A RDM; FEE 1 6/6/97
One Group Equity Income Fund, Class I* SI; FEE 2 11/24/98
One Group High Yield Bond Fund, Class I SI; FEE 2 11/24/98
One Group Inter-national Equity Index Fund, Class A RDM; FEE 1 6/6/97
One Group International Equity Index Fund, Class I* SI; FEE 2 11/24/98
One Group Large Cap Growth Fund, Class A RDM; FEE 1 6/6/97
One Group Large Cap Growth Fund, Class I* SI; FEE 2 11/24/98
One Group Large Company Value Fund, Class I* RDM 10/24/00
One Group Mid Cap Growth Fund, Class I* SI; FEE 2 11/24/98
One Group Mid Cap Value Fund, Class J* SI; FEE 2 11/24/98
One Group Municipal Income Fund, Class A RDM; FEE 1 6/6/97
One Group Municipal Income Fund, Class I* SI; FEE 2 11/24/98
One Group Small Cap Growth Fund, Class I* SI; FEE 2 11/24/98
One Group Small Cap Value Fund, Class A RDM; FEE 1 3/18/99
One Group Small Cap Value Fund, Class I* SI; FEE 1 3/18/99
One Group Ultra-Short Term Bond Fund, Class A RDM; FEE 1 6/6/97
* Indicates, that Fund has no sales charge, that term is defined in Rule
2830, and, if such Fund has a distribution or shareholder servicing plan
maintained or adopted pursuant to Rule l2b-1 under the 1940 Act ("Rule
12b-1 Plan"), such Fund's Rule 12b- 1 Plan does not exceed 25 basis
points per annum.
Sl Indicates that Fund is available only to:
(i) who are investment advisors, investment consultants or financial
planners who place trades for their own accounts or the accounts of
their clients and who charge a management consulting or other fee for
their services and clients of such investment advisors, investment
consultants or financial planners who place trades for their own
accounts if the accounts are linked to the master account of such
investment advisor, investment consultant or financial planner on
Xxxxxx'x system;
(ii) MFMP investors who are customers of financial institutions clearing
transactions through Schwab; and
(iii) MFMP investors who are participants (including personal choice
retirement accounts or otherwise) in retirement and deferred
compensation plans and trusts used to fund those plans, including,
but not limited to, those defined in Section 401(a), 403(b), or 457
of the Internal Revenue Code and rabbi trusts" for which (a) Schwab
acts as broker-dealer, (b) The Xxxxxxx Xxxxxx Trust Company acts as
trustee of the trust funds under the Plans, and/or (c) Schwab
Retirement Plan Services, Inc. or another entity acts as
recordkeeper.
FEE 1 Indicates that Fund is subject to Account Establishment and Maintenance
Fees and the terms thereof as set forth on Schedule II.
FEE 2 Indicates that Fund is subject to Account Maintenance Fees and the terms
thereof as set forth on Schedule III.
RDM Indicates that Fund shares AU only be custodied and redeemed through the
Account and that Schwab will not place purchases of Fund shares under
this Agreement.
Accepted by:
XXXXXXX XXXXXX & CO., INC. ONE GROUP MUTUAL FUNDS, on its own
behalf and on behalf of each Fund
By: /s/ Xxxx Xxxxx
----------------- By: /s/ Xxxxxx X. Xxxxx
Xxxx Xxxxx -------------------------------
Vice President
Mutual Fund Client Services Name: Xxxxxx X. Xxxxx
-----------------------------
Date: 8/21/02 Title: VP
---------------------------------- ----------------------------
Date: 7/1/02
-----------------------------
AMENDMENT TO OPERATING AGREEMENT
This Amendment ("Amendment") is made as of May 23, 2002, by and between
Xxxxxxx Xxxxxx & Co., Inc. ("Schwab"), a California corporation, and each
registered investment company ("Fund Company") executing this Amendment on its
own behalf and on behalf of each of its series or classes of shares ("Fund(s)")
listed on Schedule I hereto, and amends the Operating Agreement between the
parties, made as of June 6, 1997, as amended thereafter ("Operating Agreement").
All capitalized terms used in the Amendment and not defined herein shall have
the meaning ascribed to them in the Operating Agreement.
WHEREAS, the parties wish to amend Schedule I to the Operating
Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual
promises set forth below, the parties agree as follows:
1. Schedule I to the Operating Agreement shall be deleted in its entirety
and the Schedule I attached hereto shall be inserted in lieu thereof.
2. Except as specifically set forth herein, all other provisions of the
Operating Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date first written above.
XXXXXXX XXXXXX & CO., INC. ONE GROUP MUTUAL FUNDS, on its own
behalf and on behalf of each Fund
By: /s/ Xxxx Xxxxx listed on Schedule I hereto
------------------------------------
Xxxx Xxxxx By: /s/ Xxxxxx X. Xxxxx
Vice President/ Mutual Funds -------------------------------
Operations Administration
Name: Xxxxxx X. Xxxxx
-----------------------------
Date: 8/21/02 Title: V/P
---------------------------------- ----------------------------
Date: 5/23/02
-----------------------------
SCHEDULE I
TO THE OPERATING AGREEMENT
Fund Company/Funds Effective Date
------------------ --------------
One Group Mutual Funds
One Group Bond Fund, Class A RDM; FEE 1 3/18/99
One Group Bond Fund, Class I* SI; FEE 1 3/18/99
One Group Diversified Mid Cap Fund, Class A RDM; FEE 1 11/10/97
One Group Diversified Mid Cap Fund, Class I* RDM; FEE 1 3/18/99
One Group Equity Income Fund, Class A RDM; FEE 1 6/6/97
One Group High Yield Bond Fund, Class I* SI; FEE 2 11/24/98
One Group Income Bond Fund, Class A RDM 5/10/02
One Group Large Company Growth Fund, Class A RDM; FEE 1 6/6/97
One Group Large Company Value Fund, Class I* RDM 10/24/00
One Group Mid Cap Growth Fund, Class I* SI; FEE 2 11/24/98
One Group Mid Cap Value Fund, Class I* RDM; FEE 2 11/24/98
One Group Municipal Income Fund, Class A RDM; FEE 1 6/6/97
One Group Small Cap Value Fund, Class A RDM; FEE 1 3/18/99
One Group Small Cap Value Fund, Class I* SI; FEE 1 3/18/99
One Group Ultra-Short Term Bond Fund, Class A RDM; FEE 1 6/6/97
* Indicates that Fund has no sales charge, as that term is defined in Rule
2830, and, if such Fund has a distribution or shareholder servicing plan
maintained or adopted pursuant to Rule 12b-1 under the 1940 Act ("Rule
12b-I Plan"), such Fund's Rule 12b-1 Plan does not exceed 25 basis
points per annum.
SI Indicates that Fund is available only to MFMP investors:
(i) who are investment advisors, investment consultants or
financial planners' who place trades for their own accounts
or the accounts of their clients and who charge a
management consulting or other fee for their services and
clients of such investment advisors, investment consultants
or financial planners who place trades for their own
accounts if the accounts are linked to the master account
of such investment advisor, investment consultant or
financial planner on Xxxxxx'x system;
(ii) who are customers of financial institutions clearing
transactions through Schwab; and
(iii) who are participants (including personal choice retirement
accounts or otherwise) in retirement and deferred
compensation plans and trusts used to fund those plans,
including, but not limited to, those defined in Section 401
(a), 403(b), or 457 of the Internal Revenue Code and "rabbi
trusts" for which (a) Schwab acts as broker-dealer, (b) The
Xxxxxxx Xxxxxx Trust Company acts as trustee of the trust
funds under the Plans, and/or (c) Schwab Retirement Plan
Services, Inc. or another entity acts as recordkeeper.
FEE I Indicates that Fund is subject to Account Establishment and Maintenance
Fees and the terms thereof as set forth on Schedule 11.
FEE 2 Indicates that Fund is subject to Account Establishment and Maintenance
Fees and the terms thereof as set forth on Schedule 111.
RDM Indicates that Fund shares will only be custodied and redeemed through
the Account and that Schwab will not place purchases of Fund shares
under this Agreement.
Accepted by:
XXXXXXX XXXXXX & CO., INC. ONE GROUP MUTUAL FUNDS, on its own
behalf and on behalf of each Fund listed on
By: /s/ Xxxx Xxxxx this Schedule I
----------------------------------------
Xxxx Xxxxx
Vice President/ Mutual Funds By: /s/ Xxxxxx X. Xxxxx
Operations Administration -------------------------------------
Name: Xxxxxx X. Xxxxx
----------------------------------
Date: 8/21/02
---------------------------------------- Title: V/P
---------------------------------
Date: 5/23/02
----------------------------------
AMENDMENT TO OPERATING AGREEMENT
This Amendment ("Amendment") is made as of October 15, 2002, by and between
Xxxxxxx Xxxxxx & Co., Inc. ("Schwab"), a California corporation, and each
registered investment company ("Fund Company") executing this Amendment on its
own behalf and on behalf of each of its series or classes of shares ("Fund(s)")
listed on Schedule I hereto, and amends the Operating Agreement between the
parties, made as of June 6, 1997, as amended thereafter ("Operating Agreement").
All capitalized terms used in the Amendment and not defined herein shall have
the meaning ascribed to them in the Operating Agreement.
WHEREAS, the parties wish to amend Schedule I to the Operating Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
set forth below, the parties agree as follows:
Schedule I to the Operating Agreement shall be deleted in its entirety and
the Schedule I attached hereto shall be inserted in lieu thereof.
2. Except as specifically set forth herein, all other provisions of the
Operating Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first written above.
XXXXXXX XXXXXX & CO., INC. ONE GROUP MUTUAL FUNDS, on its own
behalf and on behalf of each Fund
listed on Schedule I hereto
By: /s/ Xxxx Xxxxx
-----------------------------------
Xxxx Xxxxx
Vice President By: _____________________________
Mutual Fund Client Services
Name: ____________________________
Date: November 22, 2002
-------------------------------- Title: __________________________
Date: ___________________________
AMENDMENT TO OPERATING AGREEMENT
This Amendment ("Amendment") is made as of October 15, 2002, by and between
Xxxxxxx Xxxxxx & Co., Inc. ("Schwab"), a California corporation, and each
registered investment company ("Fund Company") executing this Amendment on its
own behalf and on behalf of each of its series or classes of shares ("Fund(s)")
listed on Schedule I hereto, and amends the Operating Agreement between the
parties, made as of June 6, 1997, as amended thereafter ("Operating Agreement").
All capitalized terms used in the Amendment and not defined herein shall have
the meaning ascribed to them in the Operating Agreement.
WHEREAS, the parties wish to amend Schedule I to the Operating Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
set forth below, the parties agree as follows:
Schedule I to the Operating Agreement shall be deleted in its entirety and
the Schedule I attached hereto shall be inserted in lieu thereof.
2. Except as specifically set forth herein, all other provisions of the
Operating Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first written above.
XXXXXXX XXXXXX & CO., INC. ONE GROUP MUTUAL FUNDS, on its own
Behalf and on behalf of each Fund
listed on Schedule I hereto
By:_____________________________________
Xxxx Xxxxx
Vice President By: /s/ Xxxxxx X. Xxxxx
------------------------------
Mutual Fund Client Services
Name: Xxxxxx X. Xxxxx
----------------------------
Date: __________________________________
Title: Treasurer
---------------------------
Date: 11/8/02
----------------------------
SCHEDULE 1
TO THE OPERATING AGREEMENT
Fund Company/Funds Effective Date
------------------ --------------
One Group Mutual Funds
One Group Bond Fund, Class A RDM; FEE 1 3/18/99
One Group Bond Fund, Class I* SI; FEE 1 3/18/99
One Group Diversified Mid Cap Fund, Class A RDM; FEE 1 11/10/97
One Group Diversified Mid Cap Fund, Class I* RDM; FEE 1 3/18/99
One Group Equity Income Fund, Class A RDM; FEE 1 6/6/97
One Group High Yield Bond Fund, Class I* SI; FEE 2 11/24/98
One Group Income Bond Fund, Class A RDM 5/10/02
One Group Large Company Growth Fund, Class A RDM; FEE 1 6/6/97
One Group Large Company Value Fund, Class I* RDM 10/24/00
One Group Mid Cap Growth Fund, Class I* SI; FEE 2 11/24/98
One Group Mid Cap Value Fund, Class I* PLAN; FEE 2 11/24/98
One Group Municipal Income Fund, Class A RDM; FEE 1 6/6/97
One Group Small Cap Value Fund, Class A RDM; FEE 1 3/18/99
One Group Small Cap Value Fund, Class I* SI; FEE 1 3/18/99
One Group Ultra-Short Term Bond Fund, Class A RDM; FEE 1 6/6/97
* Indicates that Fund has no sales charge, as that term is defined in
Rule 2830, and, if such Fund has a distribution or shareholder
servicing plan maintained or adopted pursuant to Rule 12b- I under
the 1940 Act ("Rule 12b- 1 Plan"), such Fund's Rule 12b-1 Plan does
not exceed 25 basis points per annum.
SI indicates that Fund is available only to MFMP investors:
(i) who are investment advisors, investment consultants or financial
planners who place trades for their own accounts or the accounts
of their clients and who charge a management consulting or other
fee for their services and clients of such investment advisors,
investment consultants or financial planners who place trades
for their own accounts if the accounts are linked to the master
account of such investment advisor, investment consultant or
financial planner on Xxxxxx'x system;
(ii) who are customers of financial institutions clearing
transactions through Schwab; and
(iii) who are participants (including personal choice retirement
accounts or otherwise) in retirement and deferred compensation
plans and trusts used to fund those plans, including, but not
limited to, those defined in Section 401(a), 403(b), or 457 of
the Internal Revenue Code and `rabbi trusts" for which (a)
Schwab acts as broker-dealer, (b) The Xxxxxxx Xxxxxx Trust
Company acts as trustee of the trust funds under the Plans,
and/or (c) Schwab Retirement Plan Services, Inc. or another
entity acts as recordkeeper.
FEE 1 Indicates that Fund is subject to Account Establishment and
Maintenance Fees and the terms thereof as set forth on Schedule 11.
FEE 2 Indicates that Fund is subject to Account Establishment and
Maintenance Fees and the terms thereof as set forth on Schedule 111.
RDM Indicates that Fund shares will only be custodied and redeemed through
the Account and that Schwab will not place purchases of Fund shares
under this Agreement.
PLAN Indicates that Fund is available only to participants (including
personal choice retirement accounts or otherwise) in retirement and
deferred compensation plans and trusts used to fund those plans,
including, but not limited to those defined in Section 401 (a),
403(b), or 457 of the Internal Revenue Code and "rabbi trusts" for
which (a) Schwab acts as broker-dealer, (b) The Xxxxxxx Xxxxxx Trust
Company acts as trustee of the trust funds under the Plans, and/or
(c) Xxxxxx Retirement Plan Services, Inc. or another entity acts as
recordkeeper.
Accepted by:
XXXXXXX XXXXXX & CO., INC. ONE GROUP MUTUAL FUNDS, on its own
behalf and on behalf of each Fund
By: /s/ Xxxx Xxxxx listed on this Schedule I
---------------------------------
Xxxx Xxxxx
Vice President By: ______________________________
Mutual Fund Client Services
Name: ____________________________
Date: November 22, 2002
------------------------------- Title: ___________________________
Date: ___________________________
SCHEDULE 1
TO THE OPERATING AGREEMENT
Fund Company/Funds Effective Date
------------------ --------------
One Group Mutual Funds
One Group Bond Fund, Class A RDM; FEE 1 3/18/99
One Group Bond Fund, Class I* SI; FEE 1 3/18/99
One Group Diversified Mid Cap Fund, Class A RDM; FEE 1 11/10/97
One Group Diversified Mid Cap Fund, Class I* RDM; FEE 1 3/18/99
One Group Equity Income Fund, Class A RDM; FEE 1 6/6/97
One Group High Yield Bond Fund, Class I* SI; FEE 2 11/24/98
One Group Income Bond Fund, Class A RDM 5/10/02
One Group Large Company Growth Fund, Class A RDM; FEE 1 6/6/97
One Group Large Company Value Fund, Class I* RDM 10/24/00
One Group Mid Cap Growth Fund, Class I* SI; FEE 2 11/24/98
One Group Mid Cap Value Fund, Class I* PLAN; FEE 2 11/24/98
One Group Municipal Income Fund, Class A RDM; FEE 1 6/6/97
One Group Small Cap Value Fund, Class A RDM; FEE 1 3/18/99
One Group Small Cap Value Fund, Class I* SI; FEE 1 3/18/99
One Group Ultra-Short Term Bond Fund, Class A RDM; FEE 1 6/6/97
* Indicates that Fund has no sales charge, as that term is defined in
Rule 2830, and, if such Fund has a distribution or shareholder
servicing plan maintained or adopted pursuant to Rule 12b- I under
the 1940 Act ("Rule 12b- 1 Plan"), such Fund's Rule 12b-1 Plan does
not exceed 25 basis points per annum.
SI indicates that Fund is available only to MFMP investors:
(i) who are investment advisors, investment consultants or
financial planners who place trades for their own
accounts or the accounts of their clients and who charge
a management consulting or other fee for their services
and clients of such investment advisors, investment
consultants or financial planners who place trades for
their own accounts if the accounts are linked to the
master account of such investment advisor, investment
consultant or financial planner on Xxxxxx'x system;
(ii) who are customers of financial institutions clearing
transactions through Schwab; and
(iii) who are participants (including personal choice
retirement accounts or otherwise) in retirement and
deferred compensation plans and trusts used to fund those
plans, including, but not limited to, those defined in
Section 401(a), 403(b), or 457 of the Internal Revenue
Code and `rabbi trusts" for which (a) Schwab acts as
broker-dealer, (b) The Xxxxxxx Xxxxxx Trust Company acts
as trustee of the trust funds under the Plans, and/or (c)
Schwab Retirement Plan Services, Inc. or another entity
acts as recordkeeper.
FEE 1 Indicates that Fund is subject to Account Establishment and
Maintenance Fees and the terms thereof as set forth on Schedule 11.
FEE 2 Indicates that Fund is subject to Account Establishment and
Maintenance Fees and the terms thereof as set forth on Schedule 111.
RDM Indicates that Fund shares will only be custodied and redeemed
through the Account and that Schwab will not place purchases of Fund
shares under this Agreement.
PLAN Indicates that Fund is available only to participants (including
personal choice retirement accounts or otherwise) in retirement and
deferred compensation plans and trusts used to fund those plans,
including, but not limited to those defined in Section 401 (a),
403(b), or 457 of the Internal Revenue Code and "rabbi trusts" for
which (a) Schwab acts as broker-dealer, (b) The Xxxxxxx Xxxxxx Trust
Company acts as trustee of the trust funds under the Plans, and/or
(c) Xxxxxx Retirement Plan Services, Inc. or another entity acts as
recordkeeper.
Accepted by:
XXXXXXX XXXXXX & CO., INC. ONE GROUP MUTUAL FUNDS, on its own
behalf and on behalf of each Fund listed on
By: /s/ Xxxx Xxxxx this Schedule I
-----------------------------------
Xxxx Xxxxx
Vice President By: /s/ Xxxxxx X. Xxxxx
Mutual Fund Client Services -------------------------------------------
Name: Xxxxxx X. Xxxxx
-----------------------------------------
Date:
------------------------------------
Title: Treasurer
----------------------------------------
Date: 11/8/02
----------------------------------------
