EX-99.23(g)(10)
AMENDMENT TO
AMENDED AND RESTATED MUTUAL FUND CUSTODY AND
SERVICES AGREEMENT
This Amendment dated the 31st day of August, 2005, to the Amended and
Restated Mutual Fund Custody and Services Agreement effective as of May 1, 2001,
(the "Agreement") by and between JNL Variable Fund LLC and JNLNY Variable Fund I
LLC (each individually the "Fund") and Mellon Trust of New England, N.A.
(formerly Boston Safe Deposit and Trust Company) (the "Custodian").
WHEREAS, the Fund and the Custodian have entered into the Agreement; and
WHEREAS, there has been a change in the officers of the Funds.
NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows:
1. To delete Appendix A of the Agreement in its entirety and substitute
it with the Appendix A attached hereto.
2. To delete Appendix B of the Agreement in its entirety and substitute
it with the Appendix B attached hereto.
3. Except as specifically amended hereby, the Agreement shall remain in
full force and effect in accordance with its terms.
4. The Fund and the Custodian hereby each represent and warrant to the
other that it has full authority to enter into this Amendment upon the
terms and conditions hereof and that the individual executing this
Amendment on its behalf has the requisite authority to bind the Fund
or Custodian to this Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date set forth above.
JNL VARIABLE FUND LLC
JNLNY VARIABLE FUND I LLC
By: ___/s/ Xxxxxx X. Fritts________
Name: __Robert A. Fritts______________
Title: ___President___________________
MELLON TRUST OF NEW ENGLAND, N.A.
By: ___/s/ Xxxxxxx Walker_________
Name: ___Candice Walker____________
Title: __Vice President______________
APPENDIX A
LIST OF AUTHORIZED PERSONS
I, Xxxxx X. Xxxx, the Secretary of the JNL Variable Fund LLC and JNLNY
Variable Fund I LLC, each a Delaware Limited Liability Company organized under
the laws of Delaware (each individually, the "Fund"), do hereby certify that:
The following individuals have been duly authorized as Authorized Persons
to give Instructions on behalf of the Fund and each Fund thereof and the
specimen signatures set forth opposite their respective names are their true and
correct signatures:
Name Signature
Xxxxxx X. Xxxxxx /s/ Xxxxxx X. Xxxxxx
---------------------------------------
Xxxx X. Xxxxx /s/ Xxxx X. Xxxxx
---------------------------------------
Xxxxx X. Xxxx /s/ Xxxxx X. Xxxx
---------------------------------------
Xxxxxxx X. Xxxxx /s/ Xxxxxxx X. Xxxxx
---------------------------------------
Xxxxxxx X. Xxxxxxxxx /s/ Xxxxxxx X. Xxxxxxxxx
---------------------------------------
JNL VARIABLE FUND LLC
JNLNY VARIABLE FUND I LLC
By: /s/ Xxxxx X. Xxxx
------------------------------------
Xxxxx X. Xxxx, Secretary
Dated:
APPENDIX B
FUND OFFICERS
I, Xxxxx X. Xxxx, the Secretary of the JNL Variable Fund LLC and JNLNY
Variable Fund I LLC, each a Delaware Limited Liability Company organized under
the laws of Delaware (each individually, the "Fund"), do hereby certify that:
The following individuals serve in the following positions with the Funds
and each individual has been duly elected or appointed to each such position and
qualified therefore in conformity with the Fund's governing instrument and the
specimen signatures set forth opposite their respective names are their true and
correct signatures:
Name Position Signature
Xxxxxx X. Xxxxxx President and Chief /s/ Xxxxxx X. Xxxxxx
Executive Officer -------------------------
Xxxx X. Xxxxx Vice President, Treasurer /s/ Xxxx X. Xxxxx
and Chief Financial Officer -------------------------
Xxxxx X. Xxxx Vice President, Secretary Xxxxx X. Xxxx
and Counsel -------------------------
Xxxxxx X. Xxxxxxxxx Chief Compliance Officer /s/ Xxxxxx X. Xxxxxxxxx
-------------------------
JNL VARIABLE FUND LLC
JNLNY VARIABLE FUND I LLC
By: /s/ Xxxxx X. Xxxx
-------------------------------
Xxxxx X. Xxxx, Secretary
Dated: August 31, 2005
