EX-99.g.7
AMENDMENT TO
MUTUAL FUND CUSTODY AND
SERVICES AGREEMENT
This Amendment dated the 18th day of February, 2004, to the Amended and
Restated Mutual Fund Custody and Services Agreement effective as of May 1, 2001,
(the "Agreement") by and between JNL Variable Fund LLC, JNL Variable Fund III
LLC, JNL Variable Fund V LLC and JNLNY Variable Fund I LLC (each individually
the "Fund") and Mellon Trust of New England, N.A. (formerly Boston Safe Deposit
and Trust Company) (the "Custodian").
WHEREAS, the Fund and the Custodian have entered into the Agreement;
WHEREAS, pursuant to Article IV, Section 9(d) of the Agreement, the
Fund and the Custodian wish to amend the Agreement to indicate a name change of
the Funds; and
WHEREAS, there has been a change in the officers of the Funds.
NOW, THEREFORE, the parties hereto agree to amend the Agreement as
follows:
1. To delete Appendix B of the Agreement in its entirety and substitute it
with the Appendix B attached hereto.
2. To delete Appendix E of the Agreement in its entirety and substitute it
with the Appendix E attached hereto.
3. Except as specifically amended hereby, the Agreement shall remain in
full force and effect in accordance with its terms.
4. The Fund and the Custodian hereby each represent and warrant to the
other that it has full authority to enter into this Amendment upon the
terms and conditions hereof and that the individual executing this
Amendment on its behalf has the requisite authority to bind the Fund or
Custodian to this Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date set forth above.
JNL VARIABLE FUND LLC
JNL VARIABLE FUND III LLC
JNL VARIABLE FUND V LLC
JNLNY VARIABLE FUND I LLC
/s/ Xxxxxx X. Xxxxxx
By: _______________________________
Name: XXXXXX X. XXXXXX
Title: PRESIDENT
MELLON TRUST OF NEW ENGLAND, N.A.
/s/ Xxxxxxx Xxxxxx
By: _______________________________
Xxxxxxx Xxxxxx
Name: _____________________________
Title: V.P.
_____________________________
APPENDIX B
FUND OFFICERS
(as of February 18, 2004)
I, Xxxxx X. Xxxx, the Secretary of the JNL Variable Fund LLC, JNL
Variable Fund III LLC, JNL Variable Fund V LLC and JNLNY Variable Fund I LLC,
each a Delaware Limited Liability Company organized under the laws of Delaware
(each individually, the "Fund"), do hereby certify that:
The following individuals serve in the following positions with the
Fund and each individual has been duly elected or appointed to each such
position and qualified therefore in conformity with the Fund's governing
instrument and the specimen signatures set forth opposite their respective names
are their true and correct signatures:
NAME POSITION SIGNATURE
/s/ Xxxxxx X. Xxxxxx
Xxxxxx X. Xxxxxx President and Chief ____________________
Executive Officer
/s/ Xxxx X. Xxxxx
Xxxx X. Xxxxx Vice President, Treasurer ____________________
and Chief Financial Officer
/s/ Xxxxx X. Xxxx
Xxxxx X. Xxxx Vice President, Counsel ____________________
and Secretary
JNL VARIABLE FUND LLC
JNL VARIABLE FUND III LLC
JNL VARIABLE FUND V LLC
JNLNY VARIABLE FUND I LLC
By: /s/ Xxxxx X. Xxxx
____________________________
Name: Xxxxx X. Xxxx
Title: Secretary
Dated: 2/16/04
APPENDIX E
LIST OF FUNDS
(as of February 18, 2004)
JNL VARIABLE FUND LLC
JNL/Mellon Capital Management The DowSM 10 Fund
JNL/Mellon Capital Management The DowSM 5 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/MellonCapital 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
JNL VARIABLE FUND III LLC
JNL/Mellon Capital Management The DowSM 10 Fund
JNL VARIABLE FUND V LLC
JNL/Mellon Capital Management The XxxXX 00 Xxxx
XXXXX VARIABLE FUND I LLC
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
