EX-99.h.9
AMENDMENT
TO
ADMINISTRATION AGREEMENT
BETWEEN
JNLNY VARIABLE FUND I LLC
AND
XXXXXXX NATIONAL ASSET MANAGEMENT, LLC
This AMENDMENT is made by and between XXXXXXX NATIONAL ASSET
MANAGEMENT, LLC, a Michigan limited liability company ("Administrator"), and
JNLNY VARIABLE FUND I LLC, a Delaware limited liability company ("Fund").
WHEREAS, the Administrator and the Fund entered into an Administration
Agreement dated as of January 31, 2001 ("Agreement"), whereby the Administrator
agreed to provide certain administrative services to the investment portfolios
of the JNLNY Variable Fund I LLC (each a "Fund");
WHEREAS, pursuant to the Agreement, each Fund agreed to pay the
Administrator for the services provided and the expenses assumed by each Fund as
set forth in Schedule B to the Agreement, and the Administrator agreed to accept
such fee as full compensation under the Agreement for such services and expenses
which included charges for services and expenses of each Fund's legal counsel;
WHEREAS, paragraph 15, entitled "Term of Agreement," has been revised;
and
WHEREAS, in order to reflect a change in sub-adviser, the names of the
Funds have been changed.
NOW THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereby agree to amend the Agreement as follows:
1. The following sentence should be added to the end of paragraph
15, entitled "Term of Agreement:"
15. However, the addition or deletion of a Fund
reflecting changes that have been formally approved
by resolution by the Board of Managers will not
require approval by the Board of Managers.
2. Schedule A to the Agreement is hereby deleted and replaced in its
entirety with Schedule A dated February 18, 2004, attached
hereto.
3. Schedule B to the Agreement is hereby deleted and replaced in its
entirety with Schedule B dated February 18, 2004, attached
hereto.
IN WITNESS WHEREOF, the Administrator and the Fund have caused this
Amendment to be executed as of this 18th day of February, 2004.
XXXXXXX NATIONAL ASSET JNLNY VARIABLE FUND I LLC
MANAGEMENT, LLC
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------- ---------------------------------------
Name: Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxx
---------------------- -----------------------------
Title: President Title: President
---------------------- ---------------------------
SCHEDULE A
DATED FEBRUARY 18, 2004
JNL/Mellon Capital Management The DowSM 10 Fund
JNL/Mellon Capital Management The S&P(R) 10 Fund
JNL/Mellon Capital Management Global 15 Fund
JNL/Mellon Capital Management 25 Fund
JNL/Mellon Capital Management Select Small-Cap Fund
JNL/Mellon Capital Management Communications Sector Fund
JNL/Mellon Capital Management Consumer Brands Sector Fund
JNL/Mellon Capital Management Energy Sector Fund
JNL/Mellon Capital Management Financial Sector Fund
JNL/Mellon Capital Management Pharmaceutical/Healthcare Sector Fund
JNL/Mellon Capital Management Technology Sector Fund
SCHEDULE B
DATED FEBRUARY 18, 2004
Funds Fee
JNL/Mellon Capital Management The DowSM 10 Fund .15%
JNL/Mellon Capital Management The S&P(R)10 Fund .15%
JNL/Mellon Capital Management Global 15 Fund .20%
JNL/Mellon Capital Management 25 Fund .15%
JNL/Mellon Capital Management Select Small-Cap Fund .15%
JNL/Mellon Capital Management Communications Sector Fund .15%
JNL/Mellon Capital Management Consumer Brands Sector Fund .15%
JNL/Mellon Capital Management Energy Sector Fund .15%
JNL/Mellon Capital Management Financial Sector Fund .15%
JNL/Mellon Capital Management Pharmaceutical/Healthcare Sector Fund .15%
JNL/Mellon Capital Management Technology Sector Fund .15%
