Exhibit (h)(xviii) under Form N-1A
Exhibit 10 under Item 601/Reg. S-K
ASSIGNMENT AND CONSENT
THIS ASSIGNMENT AND CONSENT is entered into by each of the undersigned
as of the dates set forth below.
WHEREAS, Federated Securities Corp. ("FSC"); Nationwide Life Insurance
Company and Nationwide Life and Annuity Insurance Company; Vision Group of
Funds; and M&T Asset Management each entered into a Fund Participation
Agreement dated June 1, 2002 (the "Agreement');
WHEREAS, on August 15, 2003, Edgewood Services, Inc. ("ESI") succeeded
FSC as distributor of Vision Group of Funds;
WHEREAS, on August 15, 2003, Vision Group of Funds was renamed MTB
Group of Funds;
WHEREAS, on August 22, 2003, the investment advisory business of M&T
Asset Management was restructured and assumed by MTB Investment Advisors,
Inc. ("MTBIA");
WHEREAS, FSC desires to assign its right, duties, and responsibilities
under the Agreement to ESI, and ESI desires to accept the assignment of the
Agreement from FSC; and
WHEREAS, M&T Asset Management desires to assign its rights, duties and
responsibilities under the Agreement to MTBIA, and MTBIA desires to accept
the assignment from M&T Asset Management:
KNOW ALL MEN BY THESE PRESENTS:
In consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, FSC does hereby assign all its rights, interests, and
responsibilities under the Agreement described above to ESI, and ESI does
hereby accept such assignment, effective August 15, 2003 (the "FSC
Assignment").
In consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, M&T Asset Management does hereby assign all its
rights, interests, and responsibilities under the Agreement described above
to MTBIA, and MTBIA does hereby accept such assignment, effective August 22,
2003 (the "M&T Asset Management Assignment").
Each party to this Assignment and Consent does hereby consent to the
FSC Assignment and the M&T Asset Management Assignment.
IN WITNESS WHEREOF, the parties hereto have cause this Assignment and
Consent to be executed by their authorized representatives as of August 15,
2003 with respect to the FSC Assignment, and as of August 22, 2003, with
respect to the M&T Asset Management Assignment.
FEDERATED SECURITIES CORP. EDGEWOOD SERVICES, INC.
By: /s/ Xxxxx X. Xxxxxxx By: /s/ Xxxxxxx X. Xxxxx, Xx.
Name: Xxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxx, Xx.
Title: Senior Vice President Title: Vice President
M&T ASSET MANAGEMENT, a
department of Manufacturers and Traders
Trust Company MTB INVESTMENT ADVISORS, INC.
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxx X. Xxxxx
Name: Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx
Title: Senior Vice President & CIO
Title: President & CIO
NATIONWIDE LIFE INSURANCE
COMPANY
NATIONWIDE LIFE AND ANNUITY
INSURANCE COMPANY MTB GROUP OF FUNDS
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxx X. Xxxxxxxxx
Name: Xxxxxxx X. Xxxxxx Name: Xxxx X. Xxxxxxxxx
Title: VP-Investment & Advisory Services Title: Vice President
