Exhibit (h)(19)
AMENDMENT TO CUSTODIAN CONTRACT
This Amendment to the custody contract is made as of January 5, 2001, by
and between State Street Bank and Trust Company (the "Custodian") and XXXXXX
VARIABLE SERIEs, on behalf of each of its Portfolios (the "Fund"). Capitalized
terms used in this Amendment without definition shall have the respective
meanings given to such terms in the Custodian Contract referred to below.
WHEREAS, the Fund and the Custodian entered into a Custodian Contract dated
February 22, 1999 (as amended from time to time, the "Custodian Contract"); and
WHEREAS, the Fund and the Custodian wish to amend the Custodian Contract to
enable the Fund to instruct the Custodian to pay out Fund moneys for cash sweeps
and interfund lending or borrowing transactions and also to segregate collateral
for interfund lending or borrowing transactions;
Now, THEREFORE, in consideration of the foregoing and the mutual promises
and covenants contained herein and in the Custodian Contract, the parties hereby
agree to amend the Custodian Contract as follows:
1. Payment of Fund Monies
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In Section 2.7, subsection 7 is renumbered as subsection 9 and new
subsections 7 and 8 are added to the Custodian Contract as follows:
(7) in connection with a lending or borrowing transaction between the Fund,
on behalf of a Portfolio, and an investment company, on behalf of a
Portfolio, advised by Xxxxxxx Xxxxxx Investments;
(8) in connection with a cash sweep arrangement; or
2. Segregated Account
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In Section 2.12, subsection (iv) is renumbered as subsection (v) and
reworded, in part as shown below; and new subsection (iv) is added to the
Custodian Contract as follows:
(iv) for the purpose of segregating securities or other assets of the Fund
in connection with a borrowing transaction between the Fund, on behalf of a
Portfolio, as borrower and an investment company, on behalf of a Portfolio,
advised by Xxxxxxx Xxxxxx Investments, and
(v) for other proper corporate purposes, but only in the case of this
clause (v),
IN WITNESS WHEREOF, each of the parties has caused this instrument to be
executed in its name and on its behalf by its duly authorized representative as
of the date written above.
XXXXXX VARIABLE SERIES
By: /s/Xxxx X. Xxxxxx
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Xxxx X. Xxxxxx
Its: President
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STATE STREET BANK AND TRUST COMPANY
By: /s/Xxxxxx X. Xxxxx
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Its: Vice Chairman
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