Microsoft Word 11.0.6568;77Q(1)(a): Copies of any material amendments to the
registrant's charter or by-laws
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XXXXXXX XXXXX VARIABLE INSURANCE TRUST
AMENDMENT NO. 8 TO AGREEMENT
AND DECLARATION OF TRUST
The undersigned Secretary/Assistant Secretary of Xxxxxxx Sachs Variable
Insurance Trust hereby certifies that the following resolutions were duly
adopted by the Board of Trustees of said Trust on August 4, 2005:
RESOLVED, that the Agreement and Declaration of Trust of Xxxxxxx Xxxxx
Variable Insurance Trust dated September 16, 1997 (the "Declaration") be amended
as contemplated in Article V, Section 1 thereof by establishing and designating
additional series of shares of beneficial interest to be known as the Xxxxxxx
Sachs Government Income Fund, Xxxxxxx Xxxxx Core Fixed Income Fund, Xxxxxxx
Sachs Growth Opportunities Fund, Xxxxxxx Xxxxx Money Market Fund and Xxxxxxx
Sachs Equity Index Fund (the "Funds"), such Series to have the relative rights
and preferences set forth in Sections 2 through 6 of Article V of the
Declaration;
FURTHER RESOLVED, that the Declaration be further amended as
contemplated in Article V, Section 1 by establishing and designating classes of
shares of beneficial interest of the Funds to be known as "Service Shares" or
such other substantially similar name as may be determined by the officers
listed below, in their sole discretion, any such change to be reflected in the
amendment to the Declaration, such Service Shares to have the relative rights
and preferences set forth in Sections 2 through 6 of Article V of the
Declaration and set forth or incorporated by reference into the prospectuses
offering such classes of shares; and
FURTHER RESOLVED, that the President, any Vice President, the Secretary,
any Assistant Secretary, the Treasurer and any Assistant Treasurer of the Trust
be, and each of them hereby is, authorized and directed to execute an instrument
in writing incorporating the aforesaid amendment and to cause the same to be
filed wherever in the discretion of such officer such filing is appropriate.
As of August 4, 2005 __/s/ Xxxxxx X. Surloff_________
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Xxxxxx X. Xxxxxxx
Title: Secretary
XXXXXXX XXXXX VARIABLE INSURANCE TRUST
AMENDMENT NO. 9 TO AGREEMENT
AND DECLARATION OF TRUST
The undersigned Secretary/Assistant Secretary of Xxxxxxx Sachs Variable
Insurance Trust hereby certifies that the following resolutions were duly
adopted by the Board of Trustees of said Trust on August 4, 2005:
RESOLVED, that the Agreement and Declaration of Trust of Xxxxxxx Xxxxx
Variable Insurance Trust dated September 16, 1997 (the "Declaration") be amended
as contemplated in Article V, Section 1 thereof by establishing and designating
additional separate classes of shares of beneficial interest of Xxxxxxx Sachs
Variable Insurance Trust in each of the Xxxxxxx Xxxxx Capital Growth Fund,
Xxxxxxx Sachs CORE U.S. Equity Fund, Xxxxxxx Xxxxx International Equity Fund,
Xxxxxxx Sachs CORE Small Cap Equity Fund, Xxxxxxx Xxxxx Growth and Income Fund
and Xxxxxxx Sachs Mid Cap Value Fund, to be known as "Service Shares" or such
other substantially similar name as may be determined by the officers listed
below, in their sole discretion, any such change to be reflected in the
amendment to the Declaration, such Service Shares to have the relative rights
and preferences set forth in sections 2 through 6 of Article V of the
Declaration and set forth or incorporated by reference into the prospectuses
offering such classes of shares;
FURTHER RESOLVED, that the existing class of shares of beneficial
interest of Xxxxxxx Xxxxx Variable Insurance Trust in each of the Xxxxxxx Sachs
Capital Growth Fund, Xxxxxxx Xxxxx CORE U.S. Equity Fund, Xxxxxxx Sachs
International Equity Fund, Xxxxxxx Xxxxx CORE Small Cap Equity Fund, Xxxxxxx
Sachs Growth and Income Fund and Xxxxxxx Xxxxx Mid Cap Value Fund that was
established and designated in the Declaration and Amendment No. 1 thereto shall
be known as "Institutional Shares" or such other substantially similar name as
may be determined by the officers listed below, in their sole discretion, any
such change to be reflected in the amendment to the Declaration, such
Institutional Shares to have the relative rights and preferences set forth in
sections 2 through 6 of Article V of the Declaration and set forth or
incorporated by reference into the prospectuses offering such classes of shares;
and
FURTHER RESOLVED, that the President, any Vice President, the Secretary,
any Assistant Secretary, the Treasurer and any Assistant Treasurer of the Trust
be, and each of them hereby is, authorized and directed to execute an instrument
in writing incorporating the aforesaid amendment and to cause the same to be
filed wherever in the discretion of such officer such filing is appropriate.
As of August 4, 2005 _/s/ Xxxxxx X. Surloff_________
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Xxxxxx X. Xxxxxxx
Title: Secretary
