Exhibit (9b)
AGREEMENT FOR USE OF THE TERM 'CIGNA'
Agreement dated April 30, 1985 between CIGNA Corporation, a Delaware
Corporation ("CIGNA") and CIGNA ANNUITY FUNDS GROUP, a Massachusetts business
trust (the "Trust").
WHEREAS, the Trust has been organized for the purpose of engaging in
business as a diversified, open-end management investment company issuing its
common shares without par value, in series, each such series of common shares
being referred to as a "Fund"; and
WHEREAS, CIGNA Investment Management Company, an affiliate of CIGNA (the
"Management Company"), is to serve as investment adviser for the Trust pursuant
to a Master Investment Advisory Agreement with the Trust; and
WHEREAS, the term 'CIGNA' is the name used to identify the entity
resulting from the combination of Connecticut General Corporation and INA
Corporation which became effective on March 31, 1982 and identifies the
insurance and financial services unique to those companies affiliated with
CIGNA; and
WHEREAS, the parties hereto desire to enter into this Agreement for the
purpose of setting forth the terms and conditions upon which they have agreed
the Trust and each Fund may use the term 'CIGNA' as part of its name.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants herein contained, the parties hereto agree as follows:
1. CIGNA hereby consents to the use of the term 'CIGNA' by the Trust and
by those Funds electing to do so as part of their respective names so long as
the Management Company or another corporation controlled by CIGNA acts as
investment adviser to the Trust and to each such Fund. 'Controlled by' as used
in this Agreement shall mean more than 50% of the voting securities of the
investment adviser are owned directly or indirectly by CIGNA.
2. The Trust agrees on behalf of itself and each Fund electing to use the
term 'CIGNA' in its name that such use of the term 'CIGNA' shall not prevent
CIGNA or any entity affiliated with CIGNA, or its successors or assigns, from
using or permitting the use of the term 'CIGNA', alone or with, any other word
or words, for, by or in connection with, any other entity or business, other
than the Trust and each such Fund or their businesses, whether or not the same
directly or indirectly competes or conflicts with the Trust and any of such
Funds or their respective businesses.
3. If for any reason the Management Company shall cease to act as
investment adviser for the Trust or for any Fund or shall cease to be controlled
by CIGNA, or if the Trust and each Fund shall not have in effect an investment
advisory agreement with another corporation controlled by CIGNA, then the right
of the Trust and of each Fund electing to use the term 'CIGNA' in its name shall
terminate and the Trust for itself and on behalf of each such Fund agrees
promptly to take appropriate steps to change its name so that the term 'CIGNA'
is no longer a part thereof and to terminate use of the term 'CIGNA' in
connection with its business.
4. Copies of the Master Trust Agreement, as amended establishing CIGNA
Annuity Funds Group (the "Trust") are on file with the Secretary of the
Commonwealth of Massachusetts, and notice is hereby given that this Agreement
For Use Of The Term 'CIGNA' is executed on behalf of the Trust by officers of
the Trust as officers and not individually and that the obligations of or
arising out of this Agreement For Use Of The Term 'CIGNA' are not binding upon
any of the Trustees, officers, shareholders, employees or agents of the Trust
individually but are binding only upon the assets and property of the Trust.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
signed by their duly authorized officers as of the day and year first above
written.
CIGNA CORPORATION
By /s/ Xxxxx X. Xxxx
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Xxxxx X. Xxxx, Assistant Secretary
CIGNA ANNUITY FUNDS GROUP
By /s/ Xxxxxx X. Xxxxxxxx
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Xxxxxx X. Xxxxxxxx, President