ADDENDUM TO ADVISORY AGREEMENT
EXHIBIT (d)(33)
ADDENDUM TO ADVISORY AGREEMENT
The Advisory Agreement made the 9th day of November, 1987, and subsequently amended on January 17, 1989, January 4, 1994 and August 15, 1994, between the PACIFIC SELECT FUND (the “Fund”), a Massachusetts business trust, and PACIFIC MUTUAL LIFE INSURANCE COMPANY (the “Adviser”), a corporation organized under the laws of California, (the “Agreement”) is hereby amended by the addition of the provisions set forth in this Addendum to the Agreement (“Addendum”), which is made this 20th day of November, 1995.
WITNESSETH:
WHEREAS, the Fund is authorized to issue an unlimited number of shares of beneficial interest (“Beneficial Interest”) in separate series with each such series representing interests in a separate portfolio of securities and other assets; and
WHEREAS, the Fund currently consists of twelve series designated as the Money Market Portfolio, Managed Bond Portfolio, High Yield Bond Portfolio, Government Securities Portfolio, Growth Portfolio, Equity Income Portfolio, Multi-Strategy Portfolio, International Portfolio, Equity Index Portfolio, Growth LT Portfolio, Equity Portfolio and Bond and Income Portfolio (each referred to as a “Series” in the Agreement, and hereinafter referred to as a “Portfolio”); and
WHEREAS, the Fund intends to establish two additional Portfolios to be designated as the Emerging Markets Portfolio and Aggressive Equity Portfolio; and
WHEREAS, the Fund desires to appoint the Advisor as manager and investment adviser to the Emerging Markets Portfolio and Aggressive Equity Portfolio under the provisions set forth in the Agreement and in this Addendum; and
WHEREAS, the Advisor is willing to accept such appointment;
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Addendum, it is agreed between the parties hereto as follows:
1. | In addition to its responsibilities as specified in the Agreement, the Fund hereby appoints the Advisor to act as manager and investment adviser with respect to the Emerging Markets Portfolio and Aggressive Equity Portfolio which, in addition to all other Portfolios previously established, shall be deemed one of the Portfolios under the Agreement, subject to the terms and conditions as specified in the Agreement, subject to the terms and conditions as specified in the Agreement, including section six (6), “Compensation,” as amended by this Addendum. |
2. | Section six (6) (“Compensation”) of the Agreement is amended by replacing the first paragraph with the following language: |
“6. Compensation. For the services provided and the expenses borne by the Adviser pursuant to this Agreement, the Fund will pay to the Adviser a fee at an annual rate on the Money Market Portfolio of .40% of the first $250 million of the average daily net assets of the Portfolio, .35% of the next $250 million of the average daily net assets of the Portfolio, and .30% of the average daily net assets of the Portfolio in excess of $500 million; on the Managed Bond, High Yield Bond, Government Securities and Bond and Income Portfolios of .60% of the average daily net assets of the Portfolios; on the Growth, Equity Income, Equity, and Multi-Strategy Portfolios of .65% of the average daily net assets of the Portfolios; on the Growth LT Portfolio of .75% of the average daily net assets of the Portfolio; on the International Portfolio of .85% of the average daily net assets of the Portfolios; on the Equity Index Portfolio of .25% of the first $100 million of the average daily net assets of the Portfolio, .20% of the next $100 million of the average daily net assets of the Portfolio, and .15% of the average daily net assets of the Portfolio in excess of $200 million; on the Emerging Markets Portfolio of 1.10% of the average daily net assets of the Portfolio; and on the Aggressive Equity Portfolio of .80% of the average daily net assets of the Portfolio. This fee shall be computed and accrued daily and paid monthly.”
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed by their officers designated below on the date written above.
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Attest: | /s/ Xxxxxx X. Milfs |
By: | /s/ Xxxxxx X. Xxxxxx | |||||
Name: | Xxxxxx X. Milfs | Name: | Xxxxxx X.Xxxxxx | |||||
Title: | Secretary | Title: | President |
PACIFIC LIFE INSURANCE COMPANY
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Attest: | /s/ Xxxxx X. Xxxxxx |
By: | /s/ Xxxxxx X. Xxxxxx | |||||
Name: | Xxxxx X. Xxxxxx | Name: | Xxxxxx X.Xxxxxx | |||||
Title: | Assistant Vice President | Title: | Chairman & CEO
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Attest: | /s/ Xxxxx X. Xxxxxx |
By: | /s/ Xxxxx X. Xxxxxxx | |||||
Name: | Xxxxx X. Xxxxxx | Name: | Xxxxx X. Xxxxxxx | |||||
Title: | Assistant Vice President | Title: | President |