AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT
23(h)(3)b
Amendment dated July 1, 2009 to Expense Limitation Agreement
Amendment dated July 1, 2009 to Expense Limitation Agreement
AMENDMENT TO THE
EXPENSE LIMITATION AGREEMENT
EXPENSE LIMITATION AGREEMENT
THIS AMENDMENT is made as of July 1, 2009 to the Expense Limitation Agreement dated as of
January 1, 2006 between Transamerica Asset Management, Inc. and Transamerica Series Trust (the
“Company”) on behalf of each of its series set forth in Schedules A and B (the “Agreement”). In
consideration of the mutual covenants contained herein, the parties agree as follows:
1. Transamerica Money Market VP. Effective as of December 24, 2008, the Agreement
is hereby revised by adding Section 5 as follows:
5. Voluntary Expense Limitation and Reimbursement.
5.1. Notwithstanding any other provision of this Agreement, the Investment
Manager (or its affiliates) may voluntarily waive fees and/or reimburse expenses of
one or more classes of Transamerica Money Market VP (the “Money Market Fund”) to
such level(s) as the Company’s officers may reasonably determine. Any such waiver
or expense reimbursement may be discontinued by the Investment Manager at any time.
The Investment Manager shall be entitled to recapture any amounts so waived or
reimbursed upon the Money Market Fund attaining such yield as the Company’s officers
reasonably determine.
5.2. Once the Money Market Fund has maintained a daily positive yield for a reasonable
amount of time, as determined by the Investment Manager, the Investment Manager shall
be entitled to reimbursement by the Money Market Fund of the fees waived and/or
expenses reimbursed by the Investment Manager or any of its affiliates to the Money
Market Fund pursuant to Section 5.1. of the Agreement during any of the previous
thirty-six (36) months beginning with the date of such fee waiver or expense
reimbursement. Any such reimbursement shall cause the Money Market Fund’s effective
daily yield to be negative.
In all other respects, the Expense Limitation Agreement dated as of January 1, 2006 is
confirmed and remains in full force and effect. The parties hereto have caused this amendment to
be executed as of July 1, 2009.
TRANSAMERICA ASSET MANAGEMENT, INC. | ||||||
By: | /s/ Xxxxxx X. Xxxxxxxxx | |||||
Name: | ||||||
Title: | Senior Vice President, General Counsel and Secretary | |||||
TRANSAMERICA SERIES TRUST | ||||||
By: | /s/ Xxxxxxxxxxx X. Xxxxxxx | |||||
Name: | ||||||
Title: | Vice President and Chief Investment Officer |