ASSIGNMENT OF RETAIL FUND PARTICIPATION AGREEMENT
February 2010
Re: Retail Fund Participation Agreement with Columbia Management Distributors,
Inc. and Columbia Management Services, Inc.
Dear Xxxx:
As you may be aware, over the coming months, it is anticipated that RiverSource
Investments, LLC ("RiverSource"), the asset management arm of Ameriprise
Financial, Inc. ("Ameriprise"), will acquire the long-term fixed income and
equity asset management business (the "LT&E Business") of Columbia Management
Advisors, LLC and its related affiliates ("Columbia"), from Bank of America,
N.A. ("Bank of America").
Ameriprise is a publicly-traded, diversified financial services company with
interests in the asset management, financial planning, banking and insurance
businesses. In connection with this transaction, Ameriprise will acquire the
COLUMBIA brand and will operate the LT&E Business under the COLUMBIA brand.
RiverSource and Ameriprise intend to continue using the Columbia brand to help
maintain the rich heritage associated with Columbia and its LT&E Business.
We see this transaction as a positive development for Columbia, our clients and
for investors in Columbia-managed funds ("Columbia Funds"). Ameriprise is a
well-established company and shares our commitment to a strong investment
culture and client service excellence. We believe that this transaction with
Ameriprise provides our LT&E Business and our employees with a strong resource
from which to continue to serve our clients.
This transaction is anticipated to close in the spring of 2010 (the "Closing"),
and will not result in any substantive change to the terms of your firm's RETAIL
FUND PARTICIPATION AGREEMENT dated as of July 1, 2004, as amended ("Selling
Agreement"), with Columbia Management Distributors, Inc. ("CMDI") and Columbia
Management Services, Inc. ("CMSI") other than as noted below.
This transaction will result in an assignment of your Selling Agreement.
Consistent with the Investment Company Act of 1940, to the extent the Selling
Agreement relates to payments made pursuant to a written plan adopted under Rule
12b-l, the Selling Agreement will automatically terminate upon such assignment.
IN THIS REGARD, WE ASK THAT YOU PLEASE INDICATE YOUR CONSENT AND AGREEMENT TO
ENTER INTO A NEW MUTUAL FUND SELLING AGREEMENT ON TERMS IDENTICAL TO THOSE IN
YOUR CURRENT SELLING AGREEMENT, OTHER THAN THE SUBSTITUTION OF RIVERSOURCE FUND
DISTRIBUTORS, INC. ("RSFD") FOR CMDI AND RIVERSOURCE SERVICE CORPORATION
("RSSC") FOR CSMI, BY SIGNING AND RETURNING THIS DOCUMENT TO US NO LATER THAN
APRIL 1, 2010. Unfortunately, if we do not hear from you by April 1st, we may be
unable to continue to pay you 12b-l fees, and accounts maintained on your behalf
may be restricted to only redeeming Columbia Fund shares.
PLEASE RETURN THIS SIGNED LETTER IN THE ENCLOSED POSTED-PAID ENVELOPE OR VIA
FACSIMILE TO XXXXXXX XXXXXXXXX AT 000-000-0000.
Please note, due to the fact that the transaction only relates to Columbia's
LT&E Business, upon closing your new selling agreement with RSFD and RSSC will
not permit you to sell shares of Columbia money market funds. If you have any
questions about the change in ownership of the LT&E Business of Columbia or
about this letter, please contact us at (000) 000-0000. We look forward to the
opportunity to continue serving you.
Sincerely,
COLUMBIA MANAGEMENT DISTRIBUTORS, INC. COLUMBIA MANAGEMENT SERVICES, INC.
/s/ Xxxx Xxxxx /s/ Xxxxxxx X. Xxxxx
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Xxxx Xxxxx Xxxxxxx X. Xxxxx
Managing Director President
CONSENTED & AGREED
FIRM NAME: HARTFORD LIFE INSURANCE COMPANY
By: /s/ Xxxxxxx X. Xxxx
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Name: Xxxxxxx X. Xxxx
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Title: AVP
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Date: April 23, 2010
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