Exhibit 23(a)(9)
XXXX XXXXXXXXX SERIES TRUST
AMENDMENT NO. 8 TO
AGREEMENT AND DECLARATION OF TRUST
The undersigned, being all of the trustees of Xxxx Xxxxxxxxx Series Trust,
a Massachusetts business trust created and existing under an Agreement and
Declaration of Trust dated April 1, 1988, as amended, a copy of which is on file
in the Office of the Secretary of The Commonwealth of Massachusetts (the
"Trust"), having determined that it is consistent with the fair and equitable
treatment of all Shareholders to change the names of four existing Series of the
Trust (the AXA Xxxxxxxxx Value Market Neutral Fund, the AXA Xxxxxxxxx Select
Sectors Market Neutral Fund, the AXA Xxxxxxxxx Multi-Strategy Market Neutral
Fund and the AXA Xxxxxxxxx U.S. Market Neutral Fund) do hereby direct that this
Amendment No. 8 be filed with the Secretary of The Commonwealth of Massachusetts
and do hereby consent to and adopt the following amendment to the Agreement and
Declaration of Trust:
1. The first sentence of Section 6 of Article III of the Second Amended
and Restated Agreement and Declaration of Trust is amended and restated in its
entirety to read as follows:
"Without limiting the authority of the Trustees set forth in Section
5, INTER ALIA, to establish and designate any further Series or Classes of
Shares or to modify the rights and preferences of any Series or Class, the
"AXA Xxxxxxxxx U.S. Small Capitalization Fund" (formerly the U.S. Small
Capitalization Series and, prior to that, the Small Capitalization Series),
"AXA Xxxxxxxxx International Small Capitalization Fund" (formerly the
International Small Capitalization Series), "AXA Xxxxxxxxx Value Long/Short
Equity Fund" (formerly the AXA Xxxxxxxxx Value Market Neutral Fund and,
prior to that, the Xxxx Xxxxxxxxx Market Neutral Fund), "AXA Xxxxxxxxx U.S.
Large/Mid Capitalization Long/Short Equity Fund" (formerly the AXA
Xxxxxxxxx Select Sectors Market Neutral Fund and, prior to that, the Xxxx
Xxxxxxxxx Select Sectors Market Neutral Fund), "AXA Xxxxxxxxx Enhanced 500
Fund," "AXA Xxxxxxxxx International Equity Fund," "AXA Xxxxxxxxx Global
Long/Short Equity Fund" (formerly the AXA Xxxxxxxxx Multi-
Strategy Market Neutral Fund), "AXA Xxxxxxxxx U.S. Discovery Fund," "AXA
Xxxxxxxxx European Fund," "AXA Rosenberg U.S. Large Capitalization Fund"
and "AXA Xxxxxxxxx U.S. Long/Short Equity Fund" (formerly the AXA Xxxxxxxxx
U.S. Market Neutral Fund) shall be, and are hereby, established and
designated; and with respect to the AXA Xxxxxxxxx U.S. Small Capitalization
Fund, the Institutional Shares Class, Adviser Shares Class and Investor
Shares Class, which may be issued by such Series from time to time, shall
be, and are hereby, established and designated, and with respect to the AXA
Xxxxxxxxx International Small Capitalization Fund, AXA Xxxxxxxxx Value
Long/Short Equity Fund, AXA Xxxxxxxxx U.S. Large/Mid Capitalization
Long/Short Equity Fund, AXA Xxxxxxxxx Enhanced 500 Fund, AXA Xxxxxxxxx
International Equity Fund, AXA Xxxxxxxxx Global Long/Short Equity Fund, AXA
Rosenberg U.S. Discovery Fund, AXA Xxxxxxxxx European Fund, AXA Rosenberg
U.S. Large Capitalization Fund and AXA Xxxxxxxxx U.S. Long/Short Equity
Fund, the Institutional Shares Class, Investor Shares Class, Class A, Class
B and Class C, which may be issued by each such Series from time to time,
shall be, and are hereby, established and designated, all of which Classes
shall have the respective rights and preferences as are set forth in the
Plan attached as Exhibit 3.6 hereto as such Plan may be amended from time
to time by the Board of Trustees."
The foregoing amendment shall become effective upon execution by the
undersigned trustees. This amendment may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which taken together shall
constitute one instrument.
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IN WITNESS WHEREOF, each of the undersigned Trustees as aforesaid do hereto
set their hands this 21st day of August, 2002.
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Xxxx Xxxxxxxxx
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Xxxxxxx Xxxx
XXXXXXX X. XXXXXX
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Xxxxxxx X. Xxxxxx
XXXXXX X. XXXXXX
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Xxxxxx X. Xxxxxx
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