Exhibit 4(b)
ASSUMPTION AGREEMENT
ASSUMPTION AGREEMENT made this 3rd day of November, 1993 (the "Assumption
Agreement"), by and between Mutual of America Life Insurance Company, a New York
mutual life insurance company (the "Insurance Company") and Mutual of America
Capital Management Corporation, a Delaware corporation (the "Adviser").
W I T N E S S E T H
WHEREAS, Mutual of America Investment Corporation, a Maryland corporation
(the "Investment Company"), is engaged in business as a diversified open-end
management company and is registered as such under the Investment Company Act of
1940 (the "Investment Company Act"); and
WHEREAS, the Investment Company is comprised of seven separate Funds, each
of which pursues its investment objective through separate investment policies;
and
WHEREAS, the Insurance Company, as investment adviser, entered into an
investment advisory agreement dated April 20, 1993, with the Investment Company
(the "Investment Advisory Agreement"); and
WHEREAS, the Adviser renders advisory services and is registered as an
investment adviser under the Investment Advisers Act of 1940; and
WHEREAS, the Adviser wishes to assume the obligations of the Insurance
Company under the Investment Advisory Agreement; and
WHEREAS, the Insurance Company wishes to assign its rights under the
Investment Advisory Agreement to the Adviser; and
WHEREAS, the Investment Company wishes to accept and agree to the
provisions of the Assumption Agreement; and
WHEREAS, pursuant to Rule 2a-6 under the Investment Company Act, the
provisions of the Assumption Agreement will not be deemed an assignment under
the Investment Company Act;
NOW THEREFORE, in consideration of the promises and the mutual agreements
herein contained, the Insurance Company and the Adviser agree as follows:
1. The Adviser hereby assumes all of the obligations of the Insurance
Company under the Investment Advisory Agreement.
2. The Insurance Company hereby assigns all of its rights under the
Investment Advisory Agreement to the Adviser.
3. The provisions hereof are deemed not to be an assignment under Section
9 of the Investment Advisory Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Assumption
Agreement to be executed as of the day and year first above written.
MUTUAL OF AMERICA LIFE INSURANCE
COMPANY
/s/ Xxxxxxx X. Xxxxxx
--------------------------------
MUTUAL OF AMERICA CAPITAL MANAGEMENT
CORPORATION
/s/ Xxxxxxxxx X. Xxxxxx
--------------------------------
The foregoing Assumption Agreement
is accepted and agreed to as of
the 3rd day of November, 1993.
MUTUAL OF AMERICA INVESTMENT
CORPORATION
/s/ Xxxxxxx X. Xxxxxxxxx
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