Exhibit (g)(2)
AMENDMENT TO CUSTODIAN CONTRACT
-------------------------------
This Amendment to the custody contract is made as of August 17, 2000, by
and between State Street Bank and Trust Company (the "Custodian") and Xxxxxxx
Variable Life Investment Fund, on behalf of each of its Portfolios (the "Fund").
Capitalized terms used in this Amendment without definition shall have the
respective meanings given to such terms in the Custodian Contract referred to
below.
WHEREAS, the Fund and the Custodian entered into a Custodian Contract dated
August 22, 1985 (as amended from time to time, the "Custodian Contract"; and
WHEREAS, the Fund and the Custodian wish to amend the Custodian Contract to
enable the Fund to instruct the Custodian to pay out Fund moneys for cash sweeps
and interfund lending or borrowing transactions and to pay out Fund moneys and
to segregate collateral for interfund lending or borrowing transactions;
Now, THEREFORE, in consideration of the foregoing and the mutual promises
and covenants contained herein and in the Custodian Contract, the parties hereby
agree to amend the Custodian Contract as follows:
1 . Payment of Fund Moneys
----------------------
Section II(H)(7) is renumbered as Section II(H)(9), and new Sections
II(H)(7) and II(H)(8) are added to the Custodian Contract as follows:
(7) in connection with a lending or borrowing transaction between the
Fund, on behalf of a Portfolio, and an investment company, on behalf of
a Portfolio, advised by Xxxxxxx Xxxxxx Investments;
(8) in connection with a cash sweep arrangement; or
2. Segregated Account
------------------
Section M(iv) is renumbered as Section M(v) and new Section M(iv) is
added to the Custodian Contract as follows:
(iv) for the purpose of segregating securities or other assets of the
Fund in connection with a borrowing transaction between the Fund, on
behalf of a Portfolio, as borrower and an investment company, on behalf
of a Portfolio, advised by Xxxxxxx Xxxxxx Investments, and
IN WITNESS WHEREOF, each of the parties has caused this instrument to be
executed in its name and on its behalf by its duly authorized representative as
of the date written above.
XXXXXXX VARIABLE LIFE INVESTMENT FUND
By: /s/Xxxx Xxxxxxxx
------------------------------
Its: Vice President
------------------------------
STATE STREET BANK AND TRUST COMPANY
By: /s/Xxxxxx X. Xxxxx
------------------------------
Its: Vice Chairman
------------------------------