EX-99.23(g)(16)
AMENDMENT TO
AMENDED AND RESTATED
MUTUAL FUND CUSTODY AND
SERVICES AGREEMENT
This Amendment dated the 30th day of April, 2007, to the Amended and
Restated Mutual Fund Custody and Services Agreement effective as of May 1, 2001,
(the "Agreement") by and between JNL Variable Fund LLC and JNLNY Variable Fund I
LLC (each individually the "Fund") and Mellon Trust of New England, N.A.
(formerly Boston Safe Deposit and Trust Company) (the "Custodian").
WHEREAS, the Fund and the Custodian have entered into the Agreement;
WHEREAS, to reflect a merger of three funds of JNLNY Variable Fund I LLC
(the JNL/Mellon Capital Management DowSM 10 Fund, the JNL/Mellon Capital
Management S&P(R) 10 Fund, and the JNL/Mellon Capital Management Global 15 Fund)
into one fund of JNL Variable Fund LLC (the JNL/Mellon Capital Management JNL 5
Fund); and
WHEREAS, pursuant to Article IV, Section 9(d) of the Agreement, the Fund
and the Custodian wish to amend the Agreement to reflect the addition of two new
funds (the JNL/Mellon Capital Management S&P(R) XXxx 60 Fund, and the JNL/Mellon
Capital Management NYSE(R) International 25 Fund) to the JNL Variable Fund LLC.
NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows:
1. To delete Appendix E of the Agreement in its entirety and substitute
it with the Appendix E attached hereto.
2. Except as specifically amended hereby, the Agreement shall remain in
full force and effect in accordance with its terms.
3. The Fund and the Custodian hereby each represent and warrant to the
other 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 the Fund
or Custodian to this Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date set forth above.
JNL VARIABLE FUND LLC MELLON TRUST OF NEW ENGLAND, N.A.
JNLNY VARIABLE FUND I LLC
By: __________________________________ By: _______________________________
Name: Xxxx X. Xxxxx Name: __________________________
Title: President Title: __________________________
APPENDIX E
LIST OF FUNDS
(as of April 30, 2007)
JNL VARIABLE FUND LLC
JNL/Mellon Capital Management DowSM 10 Fund
JNL/Mellon Capital Management S&P(R) 10 Fund
JNL/Mellon Capital Management Global 15 Fund
JNL/Mellon Capital Management 25 Fund
JNL/Mellon Capital Management Select Small-Cap Fund
JNL/Mellon Capital Management Nasdaq(R) 15 Fund
JNL/Mellon Capital Management Value Line(R) 25 Fund
JNL/Mellon Capital Management DowSM Dividend Fund
JNL/Mellon Capital Management S&P(R) 24 Fund
JNL/Mellon Capital Management VIP Fund
JNL/Mellon Capital Management JNL 5 Fund
JNL/Mellon Capital Management JNL Optimized 5 Fund
JNL/Mellon Capital Management S&P(R) XXxx 60 Fund
JNL/Mellon Capital Management NYSE(R) International 25 Fund
JNL/Mellon Capital Management Communications Sector Fund
JNL/Mellon Capital Management Consumer Brands Sector Fund
JNL/Mellon Capital Management Financial Sector Fund
JNL/Mellon Capital Management Healthcare Sector Fund
JNL/Mellon Capital Management Oil & Gas Sector Fund
JNL/Mellon Capital Management Technology Sector Fund
JNLNY VARIABLE FUND I LLC
JNL/Mellon Capital Management Nasdaq(R) 15 Fund
JNL/Mellon Capital Management Value Line(R) 25 Fund
JNL/Mellon Capital Management DowSM Dividend Fund
JNL/Mellon Capital Management S&P(R) 24 Fund
