EXHIBIT (g)(1)(i)
FIRST AMENDMENT TO CUSTODIAN AND
INVESTMENT ACCOUNTING AGREEMENT
THIS FIRST AMENDMENT TO CUSTODIAN AND INVESTMENT ACCOUNTING AGREEMENT
(the "Amendment") is made and entered into as of March 1, 2002 by and between
EACH OF THE FUNDS SET FORTH ON EXHIBIT A DATED NOVEMBER 1,2001, attached to the
Agreement and attached hereto for reference (each a "Client") and STATE STREET
BANK AND TRUST COMPANY, a Massachusetts trust company ("State Street").
WITNESSETH:
WHEREAS, Client and State Street are parties to that certain Custodian
and Investment Accounting Agreement dated as of November 1, 2001 (the
"Agreement"); and
WHEREAS, Client and State Street desire to amend and supplement the
Agreement upon the following terms and conditions.
NOW THEREFORE, for and in consideration of the mutual promises
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Client and State Street hereby
agree that the Agreement is amended and supplemented as follows:
1. Exhibit A shall be replaced in its entirety by the Exhibit A dated
March 1, 2002 attached hereto and incorporated herein by this
reference.
2. General Provisions. This Amendment will at all times and in all
respects be construed, interpreted, and governed by the laws of The
Commonwealth of Massachusetts, without giving effect to the conflict of
laws provisions thereof. This Amendment may be executed in any number
of counterparts, each constituting an original and all considered one
and the same agreement. This Amendment is intended to modify and amend
the Agreement and the terms of this Amendment and the Agreement are to
be construed to be cumulative and not exclusive of each other. Except
as provided herein, the Agreement is hereby ratified and confirmed and
remains in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be
executed by their duly authorized officers to be effective as of the date first
above written.
STATE STREET BANK AND TRUST ON BEHALF OF EACH OF THE FUNDS SET FORTH
COMPANY ON EXHIBIT A ATTACHED HERETO
By: [ILLEGIBLE] By: -s- Xxxxxxx X. Xxxxxx
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Name: [ILLEGIBLE] Name: Xxxxxxx X. Xxxxxx
Title: [ILLEGIBLE] Title: Executive Vice President
AMENDED AND RESTATED EXHIBIT A
WITH RESPECT TO THE
CUSTODIAN AND INVESTMENT ACCOUNTING AGREEMENT
DATED NOVEMBER 1, 2001 AND AMENDED MARCH 1, 2002
BETWEEN THE FUNDS AND
STATE STREET BANK AND TRUST COMPANY
EFFECTIVE AS OF NOVEMBER 22, 2002
LIST OF FUNDS
ENTITY NAME JURISDICTION
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* This Amended and Restated Exhibit A will be effective with respect to the Fund
upon the effective date of the post-effective amendment to the Trust's
Registration Statement with respect to the Fund.
ENTITY NAME JURISDICTION
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ING SENIOR INCOME FUND Delaware Business Trust
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ING PRIME RATE TRUST Massachusetts Business Trust
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Last Approved: 11/22/02
