Amendment dated February 12, 2010 to the Third Amended and Restated Service Agreement between Rydex Variable Trust and Rydex Fund Services, Inc., dated August 11, 1998, As Amended November 15, 2004, August 29, 2005 and August 28, 2006
Exhibit 99.B(h)(2)
Amendment
dated February 12, 2010
to the
Third Amended and Restated Service Agreement
between
and Rydex Fund Services, Inc.,
dated August 11, 1998,
As Amended
November 15, 2004, August 29, 2005
and August 28, 2006
Amendment
to the
THIRD AMENDED AND RESTATED
dated August 11, 1998, as amended,
November 15, 2004, August 29, 2005
and August 28, 2006
between
and
RYDEX FUND SERVICES, INC.
The following Amendment is made to Section 4 of the Amended and Restated Service Agreement between Rydex Variable Trust (the “Trust”) and Rydex Fund Services, Inc. (the “Servicer”), as amended to date (the “Agreement”), and is hereby incorporated into and made a part of the Agreement:
Section 4 of the Agreement is amended, effective February 12, 2010, to read as follows:
As consideration for the services provided hereunder, the Trust will pay the Servicer a fee on the last day of each month in which this Agreement is in effect, at the following annual rates based on the average daily net assets (the “Assets”) of each of the Trust’s series for such month:
Government Long Bond 1.2x Strategy Fund
0.20% of Assets
U.S. Government Money Market Fund
0.20% of Assets
Nova Fund
0.25% of Assets
Inverse S&P 500 Strategy Fund
0.25% of Assets
NASDAQ-100® Fund
0.25% of Assets
Inverse NASDAQ-100® Strategy Fund
0.25% of Assets
Inverse Government Long Bond Strategy Fund
0.25% of Assets
Europe 1.25x Strategy Fund
0.25% of Assets
Japan 2x Strategy Fund
0.25% of Assets
Xxxxxxx 2000® 1.5x Strategy Fund
0.25% of Assets
Mid-Cap 1.5x Strategy Fund
0.25% of Assets
S&P 500 Pure Value Fund
0.25% of Assets
S&P 500 Pure Growth Fund
0.25% of Assets
S&P MidCap 400 Pure Value Fund
0.25% of Assets
S&P MidCap 400 Pure Growth Fund
0.25% of Assets
Inverse Mid-Cap Strategy Fund
0.25% of Assets
S&P SmallCap 600 Pure Value Fund
0.25% of Assets
S&P SmallCap 600 Pure Growth Fund
0.25% of Assets
Inverse Xxxxxxx 2000® Strategy Fund
0.25% of Assets
Strengthening Dollar 2x Strategy Fund
0.25% of Assets
Weakening Dollar 2x Strategy Fund
0.25% of Assets
Banking Fund
0.25% of Assets
Basic Materials Fund
0.25% of Assets
Biotechnology Fund
0.25% of Assets
Consumer Products Fund
0.25% of Assets
Electronics Fund
0.25% of Assets
Energy Fund
0.25% of Assets
Energy Service Fund
0.25% of Assets
Financial Services Fund
0.25% of Assets
Health Care Fund
0.25% of Assets
Internet Fund
0.25% of Assets
Leisure Fund
0.25% of Assets
Precious Metals Fund
0.25% of Assets
Real Estate Fund
0.25% of Assets
Retailing Fund
0.25% of Assets
Technology Fund
0.25% of Assets
Telecommunications Fund
0.25% of Assets
Transportation Fund
0.25% of Assets
Utilities Fund
0.25% of Assets
Commodities Strategy Fund
0.25% of Assets
All-Cap Opportunity Fund
0.25% of Assets
Multi-Cap Core Equity Fund
0.25% of Assets
CLS AdvisorOne Xxxxxxx Fund
0.25% of Assets
CLS AdvisorOne Clermont Fund
0.25% of Assets
CLS AdvisorOne Berolina Fund
0.25% of Assets
Multi-Hedge Strategies Fund
0.25% of Assets
S&P 500 Fund
0.25% of Assets
Xxxxxxx 2000® Fund
0.25% of Assets
Xxxxxxx 2000® 2x Strategy Fund
0.25% of Assets
Inverse Xxxxxxx 2000® 2x Strategy Fund
0.25% of Assets
Dow 2x Strategy Fund
0.25% of Assets
Inverse Dow 2x Strategy Fund
0.25% of Assets
NASDAQ-100® 2x Strategy Fund
0.25% of Assets
Inverse NASDAQ-100® 2x Strategy Fund
0.25% of Assets
S&P 500 2x Strategy Fund
0.25% of Assets
Inverse S&P 500 2x Strategy Fund
0.25% of Assets
All-Asset Moderate Strategy Fund
0.25% of Assets
All-Asset Conservative Strategy Fund
0.25% of Assets
All-Asset Aggressive Strategy Fund
0.25% of Assets
Managed Futures Strategy Fund
0.25% of Assets
High Yield Strategy Fund
0.25% of Assets
Inverse High Yield Strategy Fund
0.25% of Assets
International Opportunity Fund
0.25% of Assts
Alternative Strategies Allocation Fund
0.25%
Global Market Neutral Fund
0.25%
Long/Short Commodities Strategy Fund
0.25%
DWA Flexible Allocation Fund
0.25%
DWA Sector Rotation Fund
0.25%
Additions are noted in bold.
In witness whereof, the parties hereto have caused this Amendment to be executed in their names and on their behalf and through their duly-authorized officers as of the 12th day of February 2010.
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By: |
/s/ Xxxxxxx Xxxxxxx |
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Name: |
Xxxxxxx X. Xxxxxxx |
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Title: |
President |
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RYDEX FUND SERVICES, INC. |
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By: |
/s/ Xxxxxxx Xxxxxxx |
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Name: |
Xxxxxxx X. Xxxxxxx |
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Title: |
President |