EXHIBIT (g)(4)
FORM OF
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 COMPANY ON BEHALF OF EACH OF THE FUNDS SET FORTH
ON EXHIBIT A ATTACHED HERETO
By: By:
--------------------------------- ---------------------------------
Name: Name: Xxxxxxx X. Xxxxxx
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Title: Title: Executive Vice President
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LIST OF FUNDS (3/1/02)
ENTITY NAME JURISDICTION
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ING FINANCIAL SERVICES FUND, INC. Maryland Corporation
ING EQUITY TRUST Massachusetts Business Trust
ING Biotechnology Fund
ING MidCap Opportunities Fund
ING MidCap Value Fund
ING Principal Protection Fund
ING Principal Protection Fund II
ING Principal Protection Fund III
ING SmallCap Value Fund
ING FUNDS TRUST Delaware Business Trust
ING Classic Money Market Fund
ING High Yield Bond Fund
ING Intermediate Bond Fund
ING Internet Fund
ING National Tax-Exempt Bond Fund
ING National Tax-Exempt Money Market Fund
ING Tax Efficient Equity Fund
ING GNMA INCOME FUND, INC. Maryland Corporation
ING GROWTH OPPORTUNITIES FUND Massachusetts Business Trust
ING INVESTMENT FUNDS, INC. Maryland Corporation
ING MagnaCap Fund
ING High Yield Fund
ING LARGE COMPANY VALUE FUND, INC. Maryland Corporation
ING MAYFLOWER TRUST Massachusetts Business Trust
ING Growth + Value Fund
ING Research Enhanced Index Fund
ING MUTUAL FUNDS Delaware Business Trust
ING Convertible Fund
ING Equity and Income Fund
ING High Yield Opportunity Fund
ING LargeCap Growth Fund
ING MidCap Growth Fund
ING Money Market Fund
ING SmallCap Growth Fund
ING Strategic Income Fund
ING SENIOR INCOME FUND Delaware Business Trust
ENTITY NAME JURISDICTION
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ING SMALLCAP OPPORTUNITIES FUND Massachusetts Business Trust
ING PRIME RATE TRUST Massachusetts Business Trust
PILGRIM NATURAL RESOURCES TRUST Massachusetts Business Trust
PILGRIM VARIABLE INSURANCE TRUST Delaware Business Trust
Pilgrim VIT High Yield Bond Fund
PILGRIM VARIABLE PRODUCTS TRUST Massachusetts Business Trust
ING VP Large Company Value Portfolio
Pilgrim VP Convertible Portfolio
Pilgrim VP Growth + Value Portfolio
Pilgrim VP LargeCap Growth Portfolio
Pilgrim VP SmallCap Opportunities Portfolio
Pilgrim VP Research Enhanced Index Portfolio
Pilgrim VP High Yield Bond Portfolio
Pilgrim VP MagnaCap Portfolio
Pilgrim VP Growth Opportunities Portfolio
Pilgrim XX XxxXxx Opportunities Portfolio
Pilgrim VP Financial Services Portfolio
USLICO SERIES FUND Massachusetts Business Trust
Asset Allocation Portfolio
Bond Portfolio
Money Market Portfolio
Stock Portfolio
ING LEXINGTON MONEY MARKET TRUST Massachusetts Business Trust