EX-24(D)(a)(i)
FORM OF AMENDMENT TO THE XXXXXXX PLAN
INVESTMENT ADVISORY AGREEMENT
This amendment, dated as of the _____ day of __________________, 1999, made
by and between THE XXXXXXX PLAN (the "Trust"), a Delaware business trust
operating as a registered investment company under the Investment Company Act of
1940, as amended, duly organized and existing under the laws of the State of
Delaware and XXXXXXX PARTNERS, LTD. (the "Investment Advisor"), a Florida
limited partnership and registered investment advisor under the Investment
Advisers Act of 1940, as amended (collectively, the "Parties").
WITNESSETH:
WHEREAS, the Trust and Investment Advisor have entered into an agreement
dated January 19, 1994 as subsequently amended (the "Investment Advisory
Agreement"), wherein the Investment Advisor has agreed to serve as an advisor
and provide investment management services; and
WHEREAS, the Trust is authorized to issue separate series of shares
representing interests in separate investment portfolios (each referred to as a
"Series" and collectively, as the "Series"); and
WHEREAS, the Trust presently issues seven Series as follows:
The Xxxxxxx Plan Small-Cap Fund (formerly the Xxxxxxx Plan)
The Xxxxxxx Plan Mid-Cap Fund
The Xxxxxxx Plan Fixed-Income Fund
The Xxxxxxx Plan Money Market Fund
The Xxxxxxx Plan Small-Cap Variable Series
(formerly the Xxxxxxx Plan Variable Series)
The Xxxxxxx Plan Mid-Cap Variable Series
The Xxxxxxx Plan Fixed-Income Variable Series; and
WHEREAS, the Parties wish to amend the Investment Advisory Agreement to
clarify that such Agreement governs each Series of the Trust;
NOW THEREFORE, in consideration of the premises and mutual covenants
contained herein, the Parties hereto, intending to be legally bound, do hereby
agree:
1. To amend the initial introductory paragraph of the Investment Advisory
Agreement to read as follows:
AGREEMENT, made by and between THE XXXXXXX PLAN, a Delaware business trust ( the
"Trust") on behalf of the following series of the Trust; The Xxxxxxx Plan
Small-Cap Fund (formerly the Xxxxxxx Plan) The Xxxxxxx Plan Mid-Cap Fund The
Xxxxxxx Plan Fixed-Income Fund The Xxxxxxx Plan Money Market Fund The Xxxxxxx
plan Small-Cap Variable Series (formerly the Xxxxxxx Plan Variable Series) The
Xxxxxxx Plan Mid-Cap Variable Series The Xxxxxxx Plan Fixed-Income Variable
Series (the "Funds") and XXXXXXX PARTNERS, LTD., a Florida limited partnership
(the "Investment Advisor").
2. The effective date of this amendment shall be May 1, 1999.
IN WITNESS WHEREOF, the Parties hereto have caused this amendment
consisting of one type written page, to be signed by their duly authorized
officers and their corporate seals hereunto duly affixed as of the day and year
first above written.
THE XXXXXXX PLAN XXXXXXX PARTNERS, LTD.
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By: Xxxxxx X. Ally, Chairman BY: COVENANT FUNDS, INC.
MANAGING GENERAL PARTNER
Xxxxxx X. Ally, President
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Attest: Xxxxxx X. Xxxxxxxxxx, Secretary Attest: Xxxxxx Ally, Secretary
