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EX-99.9(P)
FORM OF CLASS B SHARES REMITTANCE AGREEMENT BETWEEN THE REGISTRANT AND
NEW ENGLAND FUNDS, L.P. RELATING TO NEW ENGLAND STAR SMALL CAP FUND
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NEW ENGLAND STAR SMALL CAP FUND
FORM OF CLASS B SHARES REMITTANCE AGREEMENT
Agreement made this 29th day of December, 1996 by and between NEW
ENGLAND FUNDS TRUST I, a Massachusetts business trust (the "Trust"), and NEW
ENGLAND FUNDS, L.P., a Delaware limited partnership (the "Distributor"). Terms
used in the Distribution Agreement (the "Distribution Agreement") dated August
30, 1996 between the Trust and the Distributor relating to the Trust's NEW
ENGLAND STAR SMALL CAP FUND (the "Series") and not defined herein are used with
the meanings so defined.
WHEREAS, contingent deferred sales charges ("CDSCs") apply to certain
redemptions or repurchases of Class B shares of the Series; and
WHEREAS, the Trust acknowledges that the CDSCs relating to the
Distributor's shares are the property of the Distributor and not of the Trust;
NOW, THEREFORE, in consideration of the Distributor's agreement to act
as agent for the Trust in connection with the redemption or repurchase of Series
shares by the Trust, the Trust and the Distributor agree as follows:
1. On all redemptions or repurchases of the Distributor's Shares that
are effected by the Distributor as agent for the Trust, the Distributor shall be
entitled to retain the amount of the applicable CDSC out of the proceeds of the
redemption or repurchase, and shall remit to the relevant shareholder the amount
of such redemption or repurchase net of such CDSCs.
2. On all redemptions or repurchases of the Distributor's Shares that
are effected by the Trust directly or through an agent other than the
Distributor, the Trust shall remit to the Distributor any applicable CDSCs in
accordance with the terms and conditions set forth in the then current
prospectus of the Trust.
3. The Distributor shall be entitled to receive all applicable CDSCs in
respect of the redemption or repurchase of the Distributor's Shares,
notwithstanding the Distributor's termination as general distributor of the
Class B shares of the Series or any termination of this Agreement or the
Distribution Agreement.
4. The right of the Distributor under Section 1 hereof to retain CDSCs
and the obligation of the Series under Section 2 hereof to remit CDSCs to the
Distributor shall not be subject to any dispute, offset, counterclaim or defense
whatsoever (it being understood that nothing in this sentence shall be deemed a
waiver by the Trust or the Series of its right separately to pursue any claims
it may have against the Distributor and to enforce such claims against any
assets of the Distributor (other than its right to be paid the CDSCs with
respect to the Distributor's Shares).
5. The Distributor may assign or transfer its rights to receive CDSCs
hereunder, but shall give prompt written notice to the Trust of any such
assignment or transfer.
6. The Trust shall not waive any CDSCs applicable to redemptions or
repurchases of the Distributor's Shares (other than under the circumstances set
forth in the Fund's prospectus dated December __, 1996), except with the consent
of the Distributor (or, if the Distributor has assigned or transferred its
rights to receive CDSCs as provided in Section 5 hereof, with the consent of the
assignee or transferee) and shall not take any action, following the termination
of the Distribution Agreement, that would interfere with the Distributor's right
to receive the applicable CDSCs on redemptions or repurchases of the
Distributor's Shares.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.
NEW ENGLAND FUNDS TRUST I Series,
on behalf of its New England Star Small Cap Fund series
By: ___________________________________________________
Name: Xxxxx Xxxxxx
Title: Treasurer
NEW ENGLAND FUNDS, L.P.
By: NEF Corporation, its general partner
By: __________________________________________________
Name: Xxxxx X. Xxxxx
Title: Executive Vice President
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A copy of the Agreement and Declaration of Trust establishing New
England Funds Trust I (the "Trust") is on file with the Secretary of The
Commonwealth of Massachusetts, and notice is hereby given that this Agreement is
executed with respect to the Trust's New England Star Small Cap Fund series (the
"Series") on behalf of the Trust by officers of the Trust as officers and not
individually and that the obligations of or arising out of this Agreement are
not binding upon any of the trustees, officers or shareholders of the Trust
individually but are binding only upon the assets and property of the Series.
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