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Exhibit 9(w)
Amendment dated April 1, 1999 to the Agency Agreement
dated March 18, 1997 between Pegasus Funds
and BISYS Fund Services
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AMENDMENT TO THE AGENCY AGREEMENT
This Amendment to the Agency Agreement is made effective February __,
1999, by and between One Group Mutual Funds, successor to Pegasus Funds (both
the "Trust"), Bank One Trust Company, NA ("Bank One") and Bisys Qualified Plan
Services ("BQPS").
WHEREAS, pursuant to an Agency Agreement ("Agreement") dated March 18, 1997,
BQPS has agreed to provide certain administrative and recordkeeping services as
agent for certain employee benefit plans, profit sharing plans and retirement
plans for certain portfolios of the Trust; and
WHEREAS, Pegasus Funds merged with and into One Group Mutual Funds on March 22,
1999; and
WHEREAS, One Group Mutual Funds is the successor to the Trust pursuant to
Section 13 of the Agreement;
NOW THEREFORE, pursuant to Section 12 of the Agreement, One Group Mutual Funds
and BQPS amend the Agreement in the following form:
1. The preamble is amended to add as a party Bank One Trust Company, NA
("Bank One") and to replace Pegasus Funds with One Group Mutual Funds.
2. Section 3 is amended to read as follows:
Compensation. For the services which BQPS shall render to the Trust
under this Agreement, the Trust and Bank One will pay to BQPS a fee on
a monthly basis, at the rate or rates as set forth in Schedule B.
3. Schedule B is amended by adding the following:
III. The fee shall be paid by both the Trust and Bank One. The Trust
shall pay no more than that portion of the fee equivalent of $18 per
account per mutual fund, and Bank One shall pay the remainder of the
fee.
4. Section 17 is amended to read as follows:
Trust Liability. The names "One Group Mutual Funds" and "Trustees of
One Group Mutual Funds" refer, respectively, to the trust created and
the trustees, as trustees, but not individually or personally, acting
from time to time under a Declaration of Trust dated as of May 23, 1985
to which reference is hereby made and a copy of which is on file at the
office of the Secretary of the Commonwealth of Massachusetts and
elsewhere as required by law, and to any and all amendments thereto so
filed or hereafter filed. The obligations of "One Group
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Mutual Funds" entered into in the name or on behalf thereof by any of
the Trustees, representatives or agent are made not individually, but
in such capacities, and are not binding upon any of the Trustees,
Shareholders, or representatives of the Trust personally, but bind only
the assets of the Trust, and all persons dealing with any series of
Shares of the Trust must look solely to the assets of the Trust
belonging to such series for the enforcement of any claim against the
Trust.
The Agreement, as amended, shall remain in full force and effect.
IN WITNESS THEREOF, the Trust, BQPS and Bank One have caused this
Amendment to be executed by their duly authorized officers effective as of the
date first written above.
BISYS QUALIFIED ONE GROUP MUTUAL
PLAN SERVICES FUNDS
By: /s/ Xxxx Xxxx By: /s/ Xxxx X. Xxxxxx
Name: Xxxx Xxxx Name: Xxxx X. Xxxxxx
Title: Senior Vice-President Title: President
Date: 4/6/99 Date: 2/26/99
BANK ONE TRUST COMPANY
By: /s/ Xxxx Xxxxxxxxx
Name: Xxxx Xxxxxxxxx
Title: Senior Managing Director
Date: 4/16/99
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