Amendment to PIMCO ETF Trust Participation Agreement
EX 99.28(e)(5)(ii)
Amendment to
PIMCO ETF Trust
This Amendment is to the Participation Agreement dated January 31, 2012 (“Agreement”), between Xxxxxxx Variable Series Trust (formerly, Curian Variable Series Trust) ) (“JVST”), a business trust organized under the laws of the Commonwealth of Massachusetts, on behalf of itself or its separate series listed on Schedule A, severally and not jointly (each, an “Acquiring Fund”), and PIMCO ETF Trust, a statutory trust organized under the laws of the State of Delaware (the “PIMCO ETF Trust”), on behalf of its respective series listed on Schedule B and such additional series as shall be designated in the future, severally and not jointly (each, a “Fund” and collectively, the “Funds”).
Whereas, the parties have agreed to amend Schedule A of the Agreement to change the names of each existing series of JVST listed thereon.
Now, Therefore, the parties hereto agree to amend the Agreement as follows:
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Schedule A to the Agreement is hereby deleted and replaced in its entirety with Schedule A attached hereto.
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Except as specifically amended hereby, the Agreement shall remain in full force and effect in accordance with its terms.
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JVST and the Funds hereby each represent and warrant to the other parties that it has full authority to enter into this Amendment upon the terms and conditions hereof and that the individual executing this Amendment on its behalf has the requisite authority to bind JVST and the Funds to this Amendment.
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In Witness Whereof, the parties hereto have caused this Amendment to be executed and effective as of April 27, 2015. This Amendment may be executed in two or more counterparts, which together shall constitute one document.
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Xxxxxxx Variable Series Trust
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PIMCO ETF Trust
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By:
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/s/ Xxxxx X. Xxxxxxx
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By:
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/s/ Xxxxxx X. Xxxxxx
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Name:
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Xxxxx X. Xxxxxxx
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Name:
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Xxxxxx X. Xxxxxx
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Title:
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Assistant Secretary
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Title:
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Vice President
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Schedule A
List Funds
(as of April 27, 2015)
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Xxxxxxx Variable Series Trust
(formerly, Curian Variable Series Trust)
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JNL Tactical ETF Conservative Fund(formerly, Curian Tactical Advantage 35 Fund)
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JNL Tactical ETF Moderate Fund(formerly, Curian Tactical Advantage 60 Fund)
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JNL Tactical ETF Growth Fund(formerly, Curian Tactical Advantage 75 Fund)
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A-1
