This Amendment to the Selling and Services Agreement and Participation Agreement
Exhibit 24(b)(8.7) SECOND AMENDMENT TO SELLING AND SERVICES AGREEMENT AND PARTICIPATION AGREEMENT | ||
This Amendment to the Selling and Services Agreement and Participation Agreement | ||
(“Amendment”) is effective as of date set forth below by and between American Beacon | ||
Advisors, Inc. (“AmBeacon”), and ING Life Insurance and Annuity Company (“ING Life”), | ||
ING Institutional Plan Services, LLP (“ING Institutional”), and ING Financial Advisors, LLC | ||
(“ING Financial”)(collectively “ING”) | ||
Whereas, AmBeacon and the Servicing Agent entered into a Selling and Services | ||
Agreement and Participation Agreement dated June 6, 2008 and First Amendment dated | ||
February 9, 2009 (the “Agreement”), regarding the American Beacon Funds, (the “Funds”) and | ||
the parties desire to further amend the Agreement as provided herein; | ||
Now therefore, in consideration of the mutual covenants and promises set forth herein, | ||
and other good and valuable consideration, the receipt and sufficiency of which are hereby | ||
acknowledged, the parties hereby agree as follows: | ||
1. | Amendment. Schedule B and Schedule C to the Agreement is hereby deleted and | |
replaced with Schedule B and Schedule C attached hereto. | ||
2. | Ratification and Confirmation of Agreement. Except as specifically set forth | |
herein, the Agreement is hereby ratified and confirmed in all respects and shall remain in full | ||
force and effect. | ||
3. | Counterparts. This Amendment may be executed in counterparts, each of which | |
shall be deemed to be an original, but all of which together shall constitute one and the same | ||
instrument. | ||
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment to be | ||
effective as of the 14th day of July, 2009. | ||
ING LIFE INSURANCE AND | ING INSTITUTIONAL PLAN SERVICES, LLC | |
ANNUITY COMPANY | ||
By: /s/ Xxxx X. Xxxxxxx | By: /s/ Xxxxxxxx Xxxxxxxxx attorney in fact | |
Xxxx X. Xxxxxxx | Xxxxxxxx Xxxxxxxxx | |
Vice President | Vice President | |
ING FINANCIAL ADVISORS, LLC | AMERICAN BEACON ADVISORS, INC | |
By: /s/ Xxxxx Xxxxxx | By: /s/ Xxxxx X. Xxxxx | |
Xxxxx Xxxxxx | Xxxxx X. Xxxxx | |
COO/VP | Vice President, Sales and Marketing |
SCHEDULE B |
List of Available Funds |
All Institutional class shares of American Beacon Funds |
All Investor class shares of American Beacon Funds |
All Advisor class shares of American Beacon Funds |
All Retirement class shares of American Beacon Funds |
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SCHEDULE C FEE SCHEDULE | |||
As compensation for the services ING renders under the Agreement, Advisor will pay a | |||
fee to ING Financial equal to an annual basis the rate set forth below multiplied by the average | |||
daily value of the assets in ING accounts in the Funds. | |||
Service | 12b-1 Fees | Total Fees | |
Fund | Fees | ||
American Beacon Funds-Institutional Class* | % | % | % |
American Beacon Funds-Investor Class | % | % | % |
American Beacon Funds-Advisor Class | % | % | % |
American Beacon Funds-Retirement Class | % | % | % |
*AmBeacon shall pay ING Financial a fee of % on each new account in the | |||
Institutional Class of certain Funds created after February 9, 2009 with a | |||
minimum initial investment of $ and which maintains a minimum average | |||
balance of $ in a Fund within the Institutional Class. ING Financial will | |||
provide AmBeacon with information regarding the account assets, along with | |||
supporting data, at the end of each calendar quarter. Asset accumulation, | |||
share class exchanges and the following Funds of the Institutional Class do | |||
not qualify for payment: Short Term Bond Fund, Intermediate Bond Fund, | |||
S&P 500 Index Fund, Small Cap Index Fund, International Equity Index | |||
Fund, and TIPS Fund. | |||
Dated: _______________, 2009 | |||
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