FORM OF AMENDMENT TO FINANCIAL REPORTING SERVICES AGREEMENT
Exhibit (h)(5)(ii)
FORM OF AMENDMENT TO FINANCIAL REPORTING SERVICES AGREEMENT
THIS AMENDMENT TO FINANCIAL REPORTING SERVICES AGREEMENT, dated as of , (this “Amendment”), by and among each of the registered investment companies, or series thereof, listed on Schedule A hereto (the “Funds”), Columbia Management Advisors, LLC (“CMA”), State Street Bank and Trust Company (the “Supplier”) and Columbia Management Investment Advisers, LLC (formerly known as RiverSource Investments, LLC) (“CMIA”), amends the Financial Reporting Services Agreement, dated as of December 15, 2006, as amended and supplemented from time to time (the “Agreement”), by and among each of the Funds, CMA, and the Supplier. Capitalized terms used herein but not defined herein shall have the meanings given to such terms in the Agreement.
WHEREAS, Bank of America, N.A., the indirect parent company of CMA has entered into an agreement to sell the long-term asset management business of Columbia Management Group, LLC, including that portion of CMA’s business that relates to the management of the Funds, to Ameriprise Financial, Inc., the parent company of CMIA;
WHEREAS, immediately following the closing of such sale (the “Closing”), CMIA will act as advisor to the Funds;
WHEREAS, CMA seeks Supplier’s consent to assign its rights and obligations under the Agreement to CMIA; and
WHEREAS, the parties hereto desire to amend certain provisions of the Agreement as set forth below to effect the assignment from CMA to CMIA of its rights and obligations under the Agreement.
NOW, THEREFORE, in consideration of the promises and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows:
SECTION 1. ASSIGNMENT.
1.1. Consent to Assignment. The Supplier hereby consents to and approves of the assignment by CMA of its duties, rights and obligations under the Agreement to CMIA pursuant to section 20.0 of the Agreement. CMA hereby assigns to CMIA all of its duties, rights, obligations and future liabilities under the Agreement arising on or after the Closing, and CMIA hereby accepts such assignment.
1.2. Release. From and after the Closing, Supplier agrees to release CMA from any and all further duties, rights, obligations or liabilities under the Agreement arising out of any fact, act, omission, event, circumstance or condition occurring or commencing on or after the date of the Closing. All duties, rights, obligations or liabilities of CMA under the Agreement arising out of any fact, act, omission, event, circumstance or condition occurring or commencing before the date of the Closing remain the responsibility of CMA.
SECTION 2. AMENDMENT. The Agreement shall be amended as follows:
2.1. References to CMA Changed to CMIA. All references to CMA in the Agreement are replaced with references to CMIA (expected to be known as Columbia Management Investment Advisers, LLC following the Closing).
2.2. Amend Notice Addresses. The notice addresses appearing on page two of the Agreement for the Supplier, CMA or any Fund are deleted and replaced in their entirety with the addresses appearing on Exhibit A for the Supplier, CMIA or any Fund.
2.3. Relationship Manager. Pursuant to section 2.5 of the Agreement, CMIA and Supplier hereby appoint as Relationship Managers the persons listed on Exhibit B hereto.
2.4. Continuing Effectiveness. The amendments to the Agreement set forth in this Section 2 shall be deemed to be amendments to the Agreement, and the Agreement, as amended hereby, is hereby ratified, approved and confirmed in all respects.
2.5. Waiver of Any Notice Requirement. The parties hereby waive any notice that they may have been entitled to under the Agreement due to the amendments described in this Amendment.
SECTION 3. MISCELLANEOUS.
3.1. Execution in Counterparts. This Amendment may be executed by the parties hereto in multiple counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same agreement.
3.2. Governing Law. This Amendment shall be governed by the internal laws, and not by the laws regarding conflicts of laws, of the Commonwealth of Massachusetts. Each party hereby submits to the exclusive jurisdiction of the courts of such state, and waives any objection to venue with respect to actions brought in such courts.
3.3. Successors and Assigns. This Amendment shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
3.4. Effectiveness. This Amendment shall take effect upon the Closing, and shall be of no force or effect in the event the Closing does not take place.
3.5. Notice. This Amendment is executed by an officer of each Fund, as an officer and not individually, and the obligations of this Amendment with respect to the Funds shall be binding upon the assets and properties of the Funds only and shall not be binding upon any of the trustees, officers, employees, agents or shareholders of the Funds individually.
(Signature Page Follows)
2
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers as of the day and year first above written.
| COLUMBIA FUNDS MASTER INVESTMENT TRUST, LLC | ||
| COLUMBIA FUNDS SERIES TRUST | ||
| COLUMBIA FUNDS SERIES TRUST I | ||
| COLUMBIA FUNDS SERIES TRUST II (formerly, Banc of America Funds Trust) | ||
| COLUMBIA FUNDS VARIABLE INSURANCE TRUST | ||
| COLUMBIA FUNDS VARIABLE INSURANCE TRUST I | ||
| By: | ||
| Name: | ||
| Title: | ||
| STATE STREET BANK AND TRUST COMPANY | ||
| By: | ||
| Name: | ||
| Title: | ||
| COLUMBIA MANAGEMENT ADVISORS, LLC | ||
| By: | ||
| Name: | ||
| Title: | ||
| COLUMBIA MANAGEMENT INVESTMENT ADVISERS, LLC | ||
| By: | ||
| Name: | ||
| Title: | ||
Schedule A
TRUST AND FUND LISTING
As of: May 1, 2010
| Fund Name |
Trust Name | |
| Schedule A1 (Fund pays expenses) | ||
| Columbia Retirement 2005 Portfolio | Columbia Funds Series Trust II | |
| Columbia Retirement 2010 Portfolio | Columbia Funds Series Trust II | |
| Columbia Retirement 2015 Portfolio | Columbia Funds Series Trust II | |
| Columbia Retirement 2020 Portfolio | Columbia Funds Series Trust II | |
| Columbia Retirement 2025 Portfolio | Columbia Funds Series Trust II | |
| Columbia Retirement 2030 Portfolio | Columbia Funds Series Trust II | |
| Columbia Retirement 2035 Portfolio | Columbia Funds Series Trust II | |
| Columbia Retirement 2040 Portfolio | Columbia Funds Series Trust II | |
| Columbia Asset Allocation Fund | Columbia Funds Series Trust I | |
| Columbia Asset Allocation Fund II | Columbia Funds Series Trust | |
| Columbia Asset Allocation Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Balanced Fund | Columbia Funds Series Trust I | |
| Columbia Blended Equity Fund | Columbia Funds Series Trust I | |
| Columbia Bond Fund | Columbia Funds Series Trust I | |
| Columbia California Intermediate Municipal Bond Fund | Columbia Funds Series Trust | |
| Columbia California Tax-Exempt Fund | Columbia Funds Series Trust I | |
| Columbia Connecticut Intermediate Municipal Bond Fund | Columbia Funds Series Trust I | |
| Columbia Connecticut Tax-Exempt Fund | Columbia Funds Series Trust I | |
| Columbia Conservative High Yield Fund | Columbia Funds Series Trust I | |
| Columbia Contrarian Core Fund | Columbia Funds Series Trust I | |
| Columbia Convertible Securities Fund | Columbia Funds Series Trust | |
| Columbia Core Bond Fund | Columbia Funds Series Trust I | |
| Columbia Disciplined Value Fund | Columbia Funds Series Trust I | |
| Columbia Dividend Income Fund | Columbia Funds Series Trust I | |
| Columbia Emerging Markets Fund | Columbia Funds Series Trust I | |
| Columbia Energy and Natural Resources Fund | Columbia Funds Series Trust I | |
| Columbia Federal Securities Fund | Columbia Funds Series Trust I | |
| Columbia Federal Securities Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Georgia Intermediate Municipal Bond Fund | Columbia Funds Series Trust | |
| Columbia Global Value Fund | Columbia Funds Series Trust | |
| Columbia Greater China Fund | Columbia Funds Series Trust I | |
| Columbia High Income Fund | Columbia Funds Series Trust | |
| Columbia High Yield Fund, VS | Columbia Funds Variable Insurance Trust I | |
| Columbia High Yield Municipal Fund | Columbia Funds Series Trust I | |
| Columbia High Yield Opportunity Fund | Columbia Funds Series Trust I | |
| Columbia Income Fund | Columbia Funds Series Trust I | |
| Columbia Intermediate Bond Fund | Columbia Funds Series Trust I | |
| Columbia Intermediate Municipal Bond Fund | Columbia Funds Series Trust I | |
| Fund Name |
Trust Name | |
| Schedule A1 (Fund pays expenses) | ||
| Columbia International Bond Fund | Columbia Funds Series Trust I | |
| Columbia International Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia International Growth Fund | Columbia Funds Series Trust I | |
| Columbia International Stock Fund | Columbia Funds Series Trust I | |
| Columbia International Value Fund | Columbia Funds Series Trust | |
| Columbia Large Cap Core Fund | Columbia Funds Series Trust | |
| Columbia Large Cap Enhanced Core Fund | Columbia Funds Series Trust | |
| Columbia Large Cap Growth Fund | Columbia Funds Series Trust I | |
| Columbia Large Cap Growth Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Large Cap Value Fund | Columbia Funds Series Trust | |
| Columbia Large Cap Value Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Liberty Fund | Columbia Funds Series Trust I | |
| Columbia Managed Municipals Fund | Columbia Funds Series Trust I | |
| Columbia Xxxxxxx 21st Century Fund | Columbia Funds Series Trust | |
| Columbia Xxxxxxx 21st Century Fund, VS | Columbia Funds Variable Insurance Trust I | |
| Columbia Xxxxxxx Focused Equities Fund | Columbia Funds Series Trust | |
| Columbia Xxxxxxx Focused Equities Fund, VS | Columbia Funds Variable Insurance Trust I | |
| Columbia Xxxxxxx Global Fund | Columbia Funds Series Trust | |
| Columbia Xxxxxxx Growth Fund | Columbia Funds Series Trust | |
| Columbia Xxxxxxx Growth Fund, VS | Columbia Funds Variable Insurance Trust I | |
| Columbia Xxxxxxx International Opportunities Fund | Columbia Funds Series Trust | |
| Columbia Xxxxxxx International Opportunities Fund, VS | Columbia Funds Variable Insurance Trust I | |
| Columbia Xxxxxxx International Opportunities Master Portfolio | Columbia Funds Master Investment Trust, LLC | |
| Columbia Mid Cap Growth Fund, VS | Columbia Funds Variable Insurance Trust I | |
| Columbia Maryland Intermediate Municipal Bond Fund | Columbia Funds Series Trust | |
| Columbia Massachusetts Intermediate Municipal Bond Fund | Columbia Funds Series Trust I | |
| Columbia Massachusetts Tax-Exempt Fund | Columbia Funds Series Trust I | |
| Columbia Masters International Equity Portfolio | Columbia Funds Series Trust | |
| Columbia Mid Cap Core Fund | Columbia Funds Series Trust I | |
| Columbia Mid Cap Growth Fund | Columbia Funds Series Trust I | |
| Columbia Mid Cap Index Fund | Columbia Funds Series Trust | |
| Columbia Mid Cap Value Fund | Columbia Funds Series Trust | |
| Columbia Mid Cap Value Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Money Market Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Multi-Advisor International Equity Fund | Columbia Funds Series Trust | |
| Columbia New Jersey Intermediate Municipal Bond Fund | Columbia Funds Series Trust I | |
| Columbia New York Intermediate Municipal Bond Fund | Columbia Funds Series Trust I | |
| Columbia New York Tax-Exempt Fund | Columbia Funds Series Trust I | |
| Fund Name |
Trust Name | |
| Schedule A1 (Fund pays expenses) | ||
| Columbia North Carolina Intermediate Municipal Bond Fund | Columbia Funds Series Trust | |
| Columbia Oregon Intermediate Municipal Bond Fund | Columbia Funds Series Trust I | |
| Columbia Overseas Value Fund | Columbia Funds Series Trust | |
| Columbia Pacific/Asia Fund | Columbia Funds Series Trust I | |
| Columbia Real Estate Equity Fund | Columbia Funds Series Trust I | |
| Columbia Rhode Island Intermediate Municipal Bond | Columbia Funds Series Trust I | |
| Columbia S&P 500 Index Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Select Large Cap Growth Fund | Columbia Funds Series Trust I | |
| Columbia Select Large Cap Growth Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Select Opportunities Fund | Columbia Funds Series Trust I | |
| Columbia Select Small Cap Fund | Columbia Funds Series Trust I | |
| Columbia Short-Intermediate Bond Fund | Columbia Funds Series Trust I | |
| Columbia Short-Term Bond Fund | Columbia Funds Series Trust | |
| Columbia Short-Term Municipal Bond Fund | Columbia Funds Series Trust | |
| Columbia Small Cap Core Fund | Columbia Funds Series Trust I | |
| Columbia Small Cap Growth Fund I | Columbia Funds Series Trust I | |
| Columbia Small Cap Growth Fund II | Columbia Funds Series Trust | |
| Columbia Small Cap Value Fund I | Columbia Funds Series Trust I | |
| Columbia Small Cap Value Fund II | Columbia Funds Series Trust | |
| Columbia Small Cap Value Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Small Company Growth Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia South Carolina Intermediate Municipal Bond Fund | Columbia Funds Series Trust | |
| Columbia Strategic Income Fund | Columbia Funds Series Trust I | |
| Columbia Strategic Income Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Strategic Investor Fund | Columbia Funds Series Trust I | |
| Columbia Tax-Exempt Fund | Columbia Funds Series Trust I | |
| Columbia Technology Fund | Columbia Funds Series Trust I | |
| Columbia Total Return Bond Fund | Columbia Funds Series Trust | |
| Columbia Value and Restructuring Fund | Columbia Funds Series Trust I | |
| Columbia Value and Restructuring Fund, VS | Columbia Funds Variable Insurance Trust | |
| Columbia Virginia Intermediate Municipal Bond Fund | Columbia Funds Series Trust | |
| Columbia World Equity Fund | Columbia Funds Series Trust I | |
| Columbia LifeGoal Income Portfolio | Columbia Funds Series Trust | |
| Corporate Bond Portfolio | Columbia Funds Series Trust | |
| Mortgage and Asset Backed Portfolio | Columbia Funds Series Trust | |
| Columbia Large Cap Index Fund | Columbia Funds Series Trust | |
| Columbia LifeGoal Balanced Growth Portfolio | Columbia Funds Series Trust | |
| Columbia LifeGoal Growth Portfolio | Columbia Funds Series Trust | |
| Columbia LifeGoal Income and Growth Portfolio | Columbia Funds Series Trust | |
| Columbia Small Cap Index Fund | Columbia Funds Series Trust | |
| Columbia U.S. Treasury Index Fund | Columbia Funds Series Trust I | |
| Schedule A2 (Unified Fee Funds) | ||
| CMG Ultra Short Term Bond Fund | Columbia Funds Series Trust I | |
Exhibit A
Notice Addresses
Address for Notices to Supplier:
State Street Bank and Trust Company
Xxxx Xxxxxxx Tower
200 Clarendon Street, JHT 3
Xxxxxx, XX 00000
Attention:
Telephone:
Facsimile:
With a Copy to:
State Street Bank and Trust Company
Legal Division, LCC 2
0 Xxxxxx xx Xxxxxxxxx
Xxxxxx, XX 00000
Telephone:
Facsimile:
Address for Notices to the advisor or any Fund:
Columbia Management Investment Advisers, LLC,
formerly known as RiverSource Investments, LLC
000 Xxxxxxx Xxxxxx, Xxxxxx, XX 00000
ATTN:
Xxx Xxxxxxxxx Xxxxxx, Xxxxxx, XX 00000
Telephone:
Email:
With a Copy to:
Ameriprise Financial
— Legal Department
0000 Xxxxxxxxxx Xxxxxxxxx Xxxxxx, Xxxxxxxxxxx, XX 00000
H27/5228
ATTN:
Telephone:
Facsimile:
Address for Invoices:
Columbia Management Investment Advisers, LLC,
formerly known as RiverSource Investments, LLC
—Finance Department
ATTN:
Xxx Xxxxxxxxx Xxxxxx, Xxxxxx, XX 00000
Telephone:
Exhibit B
Relationship Managers
Columbia Management Investment Advisers, LLC
State Street Bank and Trust Company
