EXHIBIT (a)(5)
THE LUTHERAN BROTHERHOOD FAMILY OF FUNDS
AMENDMENT NO. 4
TO
THE FIRST AMENDED AND RESTATED MASTER TRUST AGREEMENT
AMENDMENT NO. 4 to the First Amended and Restated Master Trust
Agreement dated as of September 1, 1993 (the "Agreement") of Lutheran
Brotherhood Family of Funds (the "Trust"), made as of the 30th day of June,
1998.
W I T N E S S E T H:
WHEREAS, Article VII, Section 7.3 of the Agreement provides that the
Agreement may be amended at any time, so long as such amendment does not
materially adversely affect the rights of any shareholder and so long as
such amendment is not in contravention of applicable law, including the
Investment Company Act of 1940, as amended, by an instrument in writing
signed by an officer of the Trust pursuant to a vote of a majority of the
Trustees; and
WHEREAS, Section 3.1(c) of the First Amended and Restated Master Trust
Agreement, as amended, of The Lutheran Brotherhood Family of Funds reads in
part:
No person shall serve as a Trustee beyond the earlier of the end
of the month in which he or she attains the age of 70 years, or
the end of the month in which he or she completes ten continuous
years of service as Trustee, except that the limitation contained
in this sentence with respect to not serving as Trustee for more
than ten years shall not apply to Xxxx X. Xxxxxxxx, Xxxxxxx X.
Xxxxxxx and Xxxx X. Xxxxxxx, or any person who is an interested
person of the Trust as defined in Section 2(a)(19) of the 1940
Act; and
WHEREAS, on June 10, 1998, a majority of the Trustees voted to change
the term limit from ten continuous years to fifteen continuous years; and
WHEREAS, the undersigned has been duly authorized by the Trustees to
execute and file this Amendment No. 4 to the Agreement; and
NOW, THEREFORE, Section 3.1(c) of the Agreement is hereby amended as
follows:
Section 3.1 Number, Designation, Election, Term, etc.
(c) Election and Term
Trustees, in addition to those named above, may become such by
election by Shareholders or the Trustees in office pursuant to
Section 3.1(f). Each Trustee, whether named above or hereafter
becoming a Trustee, shall serve as a Trustee of the Trust and of
each Sub-Trust hereunder during the lifetime of this Trust and
until its termination as hereinafter provided except as such
Trustee sooner dies, resigns, retires or is removed. Subject to
Section 16(a) of the 1940 Act, the Trustees may elect successors
and may, pursuant to Section 3.1(f) hereof, appoint Trustees to
fill vacancies. Notwithstanding anything to the contrary
contained in this Section 3.1(c), no person shall serve as a
Trustee beyond the earlier of the end of the month in which he or
she attains the age of 70 years, or the end of the month in which
he or she completes fifteen continuous years of service as
Trustee, except that the limitation contained in this sentence
with respect to not serving as Trustee for more than fifteen years
shall not apply to Xxxx X. Xxxxxxxx, Xxxxx X. Xxxxxxxxx, Xxxxxxx
X. Xxxxxxx and Xxxx X. Xxxxxxx, or any person who is an interested
person of the Trust as defined in Section 2(a)(19) of the 0000
Xxx.
The undersigned hereby certifies that the Amendment set forth above has
been duly adopted in accordance with the provisions of the Agreement.
IN WITNESS WHEREOF, the undersigned has hereunto set his hands as of
the day and year first above written.
THE LUTHERAN BROTHERHOOD FAMILY OF FUNDS
By: /s/ Xxxx X. Xxxxxxxx
Name: Xxxx X. Xxxxxxxx
Title: Chairman, Trustee and President
AMENDMENT NO. 4
TO
THE FIRST AMENDED AND RESTATED MASTER TRUST AGREEMENT
