12B-1 PLAN IMPLEMENTING AGREEMENT
Liberty Variable Investment Trust, a Massachusetts business trust (the
Trust), and Liberty Funds Distributor, Inc., (LFDI) a Massachusetts corporation,
agree effective June 1, 1999, as amended May 30, 2000:
1. 12B-1 PLAN. The Trust, on behalf of its Funds, has adopted a so-called
"Rule 12b-1 Plan" (the "Plan") pursuant to Rule 12b-1 (the "Rule") under the
Investment Company Act of 1940 (the "Act").
This Agreement shall apply to each Fund named in Appendix 1 as that
Appendix may be amended from time to time by the parties, in writing.
2. PAYMENTS, EXPENDITURES AND REPORTS.
A. Each Fund shall pay LFDI the amount then due LFDI under a Plan on the
20th day of each month, or, if such day is not a business day, the next business
day thereafter, during the term of this Agreement.
B. LFDI shall expend the amounts paid to it by the Funds under a Plan in
its discretion, so long as such expenditures are consistent with the Rule, the
Plan, and any instructions LFDI may receive from the Trustees of the Trust.
C. LFDI shall make all reports required under the Act, the Rule or a Plan
to the Trustees of the Trusts, as provided in the Act, the Rule and any Plan or
as requested by the Trustees. If a participating insurance company (as defined
in the Plan) is an "affiliate" of LFDI (as that term is defined in the Act),
LFDI shall obtain comparable information from that participating company and
provide such information to the Trustees.
3. CONTINUATION; AMENDMENT; TERMINATION; NOTICE.
A. This Agreement (i) supersedes and replaces any contract or agreement
relating to the subject matter hereof in effect prior to the date hereof, (ii)
shall continue in effect as to the Trust or any Fund only so long as
specifically approved at least annually by the Trustees or shareholders of the
Trust or Fund and (iii) may be amended at any time by written agreement of the
parties, each in accordance with the Act and the Rule.
B. This Agreement (i) shall terminate immediately upon the effective date
of any later dated agreement relating to the subject matter hereof, and (ii) may
be terminated upon 60 days' notice without penalty by a vote of the Trustees or
by LFDI or otherwise in accordance with the Act, and (iii) will terminate
immediately in the event of its assignment (as defined in the Act). Upon
termination the obligations of the parties under this Agreement shall cease
except for unfulfilled obligations and liabilities arising prior to termination.
C. All notices required under this Agreement shall be in writing and
delivered to the office of the other party.
4. AGREEMENT AND DECLARATION OF TRUST. A copy of the document establishing
the Trust is filed with the Secretary of The Commonwealth of Massachusetts. As
to the Trust this Agreement is executed by officers not as individuals and is
not binding upon any of the Trustees, officers or shareholders of the Trust
individually but only upon the assets of the relevant Fund.
Agreed:
LIBERTY VARIABLE INVESTMENT TRUST
By:
/s/Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx, Secretary
LIBERTY FUNDS DISTRIBUTOR, INC.
By:
/s/Xxxxx Xxxxxxx
XXXXX XXXXXXX, CO-PRESIDENT
APPENDIX 1
AS OF MAY 30, 2000
Liberty Variable Investment Trust
Class B Shares of the following series:
Colonial International Horizons Fund, Variable Series
Colonial Global Equity Fund, Variable Series
Crabbe Huson Real Estate Investment Fund, Variable Series
Liberty Value Fund, Variable Series
Colonial High Yield Securities Fund, Variable Series
Colonial International Fund for Growth, Variable Series
Colonial Small Cap Value Fund, Variable Series
Colonial Strategic Income Fund, Variable Series
Colonial U.S. Growth & Income Fund, Variable Series
Liberty All-Star Equity Fund, Variable Series
Newport Tiger Fund, Variable Series
Xxxxx Xxx Global Utilities Fund, Variable Series
Liberty Newport Japan Opportunities Fund, Variable Series
Liberty Select Value Fund, Variable Series
Liberty S&P 500 Index Fund, Variable Series
Rydex Health Care Fund, Variable Series
Rydex Financial Services Fund, Variable Series
