Exhibit (h)(33)
First Amendment dated as of February 11, 2002 to
Funds Trading Agreement dated as of January 1, 2001
between Fidelity Investments Institutional Operations Company, Inc.,
One Group Mutual Funds and Banc One Investment Advisors Corporation
FIRST AMENDMENT TO FUNDS TRADING AGREEMENT BETWEEN
FIDELITY INVESTMENTS INSTITUTIONAL OPERATION'S COMPANY INC.,
ONE GROUP MUTUAL FUNDS AND
BANC ONE INVESTMENT ADVISORS CORPORATION
THIS AMENDMENT, effective as of the eleventh day of February, 2002, by and
between Fidelity, Investments Institutional Operations Company, Inc. ("FIIOC"),
One Group Mutual Funds ("One Group"), and Banc One Investment Advisors
Corporation ("BOIA").
WITNESSETH:
WHEREAS, FIIOC, One Group and BOIA entered into a Funds Trading Agreement
dated January 1, 2001 ("the Agreement"), regarding the purchase and redemption
of shares of the Funds by certain employee benefit plans for which FIIOC
provides administrative and recordkeeping services (collectively the "Plans", or
individually a "Plan"); and
WHEREAS, FIIOC One Group and BOIA desire to amend said Agreement in
Accordance with the provisions of Section 20 thereof.
NOW THEREFORE, in consideration of the above premises, FIIOC, One Group and
B0IA hereby amend the Agreement by:
. Amending and restating Section 2 in its entirety as follows:
2. Orders and Acceptance. FIIOC, as agent of One Group, shall accept
from the Plan, Orders for the purchase, exchange or redemption of Shares of
the Funds. If such Orders are received by FIIOC prior to the close of
trading on the New York Stock Exchange (the "Close of Trading") on a day
the New York Stock Exchange is open for business (a "Business Day"), they
shall be treated as having been received by One Group on such Business Day
("Trade Date"). One Group will recognize one omnibus account in FIIOC's
name in each of the Funds except for the Funds and Plans listed in Exhibit
E as attached hereto, and will not maintain separate accounts for
individual Plan participants.
. Restating Exhibit D as Attached hereto.
. Adding Exhibit E as attached hereto.
IN WITNESS WHEREOF, FIIOC, One Group and BOIA have caused this Amendment to
be executed by their duly authorized officers effective as of the day and year
first above written.
ONE GROUP MUTUAL FUNDS FIDELITY INVESTMENTS
INSTITUTIONAL OPERATIONS
COMPANY, INC
By: /s/ Xxxxxx X. Xxxxx By: /s/Xxxxxxx Xxxxxx
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Name: Xxxxxx X. Xxxxx Name: Xxxxxxx Xxxxxx
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Title: Treasurer Title: Vice President
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Date: 7/26/02 Date: 7/31/2002
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BANC ONE INVESTMENT
ADVISORS CORPORATION
By: /s/ Xxxx X. Xxxxxx
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Name: Xxxx X. Xxxxxx
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Title: Senior Managing Director
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Date: 7/26/02
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EXHIBIT D
COMPENSATION
One Group shall pay $18.00 per annum for each participant who owns shares
of one or more of the Funds through a Plan. This per participant fee shall be
charged once per annum, and billed in monthly installments, for each
participant, regardless of the number of Funds in which a participant has
invested through a Plan (i.e., if a single participant has invested in one or
more of the Funds through a Plan, One Group shall only be required to pay $18.00
per annum for each such participant). The amount that shall be billed monthly
shall be calculated by multiplying the number of participants who own shares of
one or more of the Funds through a Plan for a given month by the $18.00 per
participant fee and dividing that figure by twelve. The number of participant
accounts shall be determined and billable as of the last business day of each
calendar month.
FIIOC shall calculate the payments at the end of each calendar month and
shall forward an invoice to One Group, along with such other supporting data as
may be reasonably requested by One Group. One Group shall remit payment to FIIOC
via wire transfer within 30 days of receipt of FIIOC's invoice.
One Group shall pay a portion of the service fee equivalent to the maximum of 15
basis points on assets under management or $18.00 (eighteen dollars) per mutual
fund account annually, whichever is greater. Any portion of the fee in excess of
the equivalent of this amount shall be paid by BOIA.
For the The X.X. Xxxxxxxx Company Retirement Plus Savings Plan for Salaried
Employees, The X.X. Xxxxxxxx Company Retirement Plus Savings Plan for Wage
Employees, and The BFGoodrich Company Savings Benefit Restoration Plan only, One
Group shall pay a portion of the service fee equivalent to the maximum of 30
basis points on assets under management or $18.00 (eighteen dollars) per mutual
fund account annually, whichever is greater.
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EXHIBIT E
FUNDS
FUND: One Group Bond Fund - Class I
TICKER SYMBOL: WOBDX
CUSIP: 6823IN753
PLANS: The X.X. Xxxxxxxx Company Retirement Plus Savings Plan
for Salaried Employees
The X.X. Xxxxxxxx Company Retirement Plus Savings Plan
for Wage Employees
The X.X. Xxxxxxxx Company Savings Benefit Restoration
Plan
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