12B1- PLAN IMPLEMENTING AGREEMENT
Liberty Funds Trust IX (Trust) and Liberty Funds Distributor, Inc. (LFDI),
a Massachusetts corporation, agree effective April 29, 1999:
1. 12B-1 PLAN. The Trust, on behalf of its Fund, has adopted a so-called
"Rule 12b-1 Plan" (the "Plan") pursuant to Rule 12b-1 (the "Rule") under the
Investment Company Act of 1940 (the "Act"). Under the Rule, the Fund may,
pursuant to the Plan, pay LFDI a specified portion of its assets to be used for
the purposes specified in its Plan. The Plan shall continue in effect with
respect to a Class of Shares only so long as specifically approved for that
Class at least annually as provided in the Rule. The Plan may not be amended to
increase materially the service fee or distribution fee with respect to a Class
of Shares without such shareholder approval as is required by the Rule or any
applicable orders of the Securities and Exchange Commission, and all material
amendments of the Plan must be approved in the manner described in the Rule. The
Plan may be terminated with respect to a Class of Shares at any time as provided
in the Rule without payment of any penalty.
This Agreement shall apply to each Fund named in Appendix 1 as that
Appendix may be amended from time to time by the parties, in writing.
2. PAYMENTS, EXPENDITURES AND REPORTS.
A. The Fund shall pay LFDI the amount then due LFDI under a Plan on the
20th day of each month, or, if such day is not a business day, the next business
day thereafter, during the term of this Agreement.
B. LFDI shall expend the amounts paid to it by the Fund under a Plan in
its discretion, so long as such expenditures are consistent with the Rule, the
Plan, and any instructions LFDI may receive from the Trustees of the Trust.
C. LFDI shall make all reports required under the Act, the Rule or a
Plan to the Trustees of the Trust, as provided in the Act, the Rule and any Plan
or as requested by the Trustees.
3. CONTINUATION; AMENDMENT; TERMINATION; NOTICE.
A. This Agreement (i) supersedes and replaces any contract or agreement
relating to the subject matter hereof in effect prior to the date hereof, (ii)
shall continue in effect as to the Trust or the Fund only so long as
specifically approved at least annually by the Trustees or shareholders of the
Trust or Fund and (iii) may be amended at any time by written agreement of the
parties, each in accordance with the Act and the Rule.
B. This Agreement (i) shall terminate immediately upon the effective
date of any later dated agreement relating to the subject matter hereof, and
(ii) may be terminated upon 60 days' notice without penalty by a vote of the
Trustees or by LFDI or otherwise in accordance with the Act, and (iii) will
terminate immediately in the event of its assignment (as defined in the Act).
Upon termination the obligations of the parties under this Agreement shall cease
except for unfulfilled obligations and liabilities arising prior to termination.
C. All notices required under this Agreement shall be in writing and
delivered to the office of the other party.
4. AGREEMENT AND DECLARATION OF TRUST. A copy of the document establishing
the Trust is filed with the Secretary of The Commonwealth of Massachusetts. As
to the Trust this Agreement is executed by officers not as individuals and is
not binding upon any of the Trustees, officers or shareholders of the Trust
individually but only upon the assets of the relevant Fund.
Agreed:
LIBERTY FUNDS TRUST IX LIBERTY FUNDS DISTRIBUTOR, INC.
By: By:
---------------------------------- ------------------------------------
Xxxxx X. Xxxxxx, Secretary Xxxxxxx Xxxxxxx, Managing Director
APPENDIX 1
Trust Series
Liberty Trust IX
Liberty All-Star Growth and Income Fund
By:
----------------------------------------------
Xxxxx X. Xxxxxx, Secretary
Liberty Funds Distributor, Inc.
By:
----------------------------------------------
Xxxxxxx Xxxxxxx, Managing Director
Dated: April 29, 1999
