EX-99.23(g)(10)
AMENDMENT TO
AMENDED AND RESTATED MUTUAL FUND CUSTODY AND
SERVICES AGREEMENT
This Amendment dated the 2nd day of May, 2005, 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 reflect that the JNL/Mellon
Capital Management The DowSM 10 Fund (III) and the JNL/Mellon Capital Management
The DowSM 10 Fund (V) has been merged into the JNL/Mellon Capital Management JNL
5 Fund and that JNL Variable Fund III LLC, JNL Variable Fund V LLC will no
longer be a party to the Agreement.
NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows:
1. To amend the Agreement by removing JNL Variable Fund III LLC and JNL
Variable Fund V LLC from the introductory paragraph as contracting
parties to the Agreement effective May 2, 2005.
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
By: _/s/ Xxxxxx X. Fritts_________
Name: __ROBERT A. FRITTS__________
Title: ___PRESIDENT_______________
MELLON TRUST OF NEW ENGLAND, N.A.
By: /s/__Candice Walker___________
Name: __Candice Walker____________
Title: _Vice President____________
APPENDIX E
LIST OF FUNDS
(as of May 2, 2005)
JNL VARIABLE FUND 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
JNL/Mellon Capital Management Nasdaq(R) 15 Fund
JNL/Mellon Capital Management VIP Fund
JNL/Mellon Capital Management Value Line(R) 25 Fund
JNL/Mellon Capital Management JNL 5 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
JNLNY 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
JNL/Mellon Capital Management Nasdaq(R) 15 Fund
JNL/Mellon Capital Management Value Line(R) 25 Fund
