Exhibit (h)(34)
Second Amendment dated as of November 15, 2002 to Funds Trading Agreement
dated as of January 1, 2001 between Fidelity Investments Institutional
Operations Company, Inc., One Group Mutual Funds and
Banc One Investment Advisors Corporation.
SECOND AMENDMENT TO FUNDS TRADING AGREEMENT BETWEEN
FIDELITY INVESTMENTS INSTITUTIONAL OPERATIONS COMPANY, INC.,
ONE GROUP MUTUAL FUNDS AND
BANC ONE INVESTMENT ADVISORS CORPORATION
THIS AMENDMENT, effective as of the fifteenth day of November, 2002, by and
between Fidelity Investments Institutional Operations Company, Inc. FIIOC One
Group Mutual Funds ("One Group"), and Banc One Investment Advisors Corporation
("BOIA").
WITNESSETH:
WHEREAS FIIOC One Group and BOIA entered into a Funds Trading Agreement
dated January 1, 2001 ("the Agreement"), regarding the purchase and redemption
of shares of the Funds by certain employee benefit plans for which FIIOC
provides administrative and recordkeeping services (collectively the "Plans", or
individually a "Plan"); and
WHEREAS FIIOC, One Group and BOIA desire to amend said Agreement in
accordance with the provisions of Section 20 thereof.
NOW THEREFORE, in consideration of the above premises, I HOC, One Group and
BOIA, hereby amend the Agreement by:
. Restating Exhibit A, in its entirety, as attached hereto.
. Restating Exhibit D, in its entirety, as attached hereto.
IN WITNESS WHEREOF, FIIOC, One Group and BOIA have caused this Amendment to be
executed by their duly authorized officers effective as of the day and year
first above written.
ONE GROUP MUTUAL FUNDS FIDELITY INVESTMENTS
INSTITUTIONAL OPERATIONS
COMPANY, INC
By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxxx Xxxxxx
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Name: Xxxxxx X. Xxxxx Name: Xxxxxxx Xxxxxx
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Title: VP/Treasurer Title: Vice President
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Date: 10/31/02 Date: October 25, 2002
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BANC ONE INVESTMENT
ADVISORS CORPORATION
By: /s/ Xxxx X. Xxxxxx
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Name: Xxxx X. Xxxxxx
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Title: Senior Managing Director
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Date: 10/31/02
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EXHIBIT A
FUNDS
Section 1:
FUND: One Group Bond Fund
TICKER SYMBOL: WOBDX
CUSIP: 6823IN750
Section 11:
FUND: One Group Mid Cap Growth Fund Class A
TICKER SYMBOL: OSGIX
CUSIP: 000000000
EXHIBIT D
COMPENSATION
For Funds listed in Section I of Exhibit A, One Group shall pay $18.00 per
annum for each participant who owns shares of one or more of the Funds through a
Plan. This per participant fee shall be charged once per annum, and billed in
monthly installments, for each participant, regardless of the number of Funds in
which a participant has invested through a Plan (i.e., if a single participant
has invested in one or more of the Funds through a Plan, One Group shall only be
required to pay $l8.00 per annum for each such participant). The amount that
shall be billed month1y shall be calculated by multiplying the number of
participants who own shares of one or more of the Funds through a Plan for a
given month by the $18.00 per participant fee and dividing that figure by
twelve. The number of participant accounts shall be determined and billable as
of the last business day of each calendar month.
One Group shall pay a portion of the service fee equivalent to the maximum
of 15 basis points on assets under management or $18.00 (eighteen dollars) per
mutual fund account annually, whichever is greater. Any portion of the fee in
excess of the equivalent of this amount shall be paid by BOIA.
For Funds listed in Section 11 of Exhibit A, in consideration of the
services provided by FIIOC under this Agreement, One Group shall pay FIIOC an
amount equal to 25 basis points (0.25%) per annum of the average aggregate
amount invested in the Funds through the Plans each calendar month. The average
aggregate amount invested through the Plans over a calendar month shall be
computed by totaling the daily balances during the month and dividing such total
by the actual number of days in the month.
FIIOC shall calculate the payments at the end of each calendar month and
shall forward an invoice to One Group, along with such other supporting data as
may be reasonably requested by One Group. One Group shall remit payment to FIIOC
via wire transfer within 30 days of receipt of FIIOC's invoice.
For the The X.X. Xxxxxxxx Company Retirement Plus Savings Plan for Salaried
Employees, The X.X. Xxxxxxxx Company Retirement Plus Savings Plan for Wage
Employees, and The BFGoodrich Company Savings Benefit Restoration Plan only, One
Group shall pay a portion of the service fee equivalent to the maximum of 30
basis points on assets under management or $18.00 (eighteen dollars) per mutual
fund account annually, whichever is greater.