SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of NATIONWIDE VARIABLE INSURANCE TRUST a Delaware Statutory Trust (Formerly, Gartmore Variable Insurance Trust) Adopted as of June 17, 2009Agreement and Declaration of Trust • August 26th, 2009 • Nationwide Variable Insurance Trust • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of Nationwide Variable Insurance Trust, a Delaware statutory trust (the “Trust,” formerly known as Gartmore Variable Insurance Trust), made as of the 17th day of June 2009 (the “Effective Date”), by the Trustees hereunder, and by the holders of Shares issued, and to be issued, by the Trust hereunder (i) incorporates herein and makes a part of this Second Amended and Restated Agreement and Declaration of Trust the resolutions of the Board of Trustees of the Trust adopted prior to the Effective Date, pursuant to the provisions of the original Agreement and Declaration of Trust dated September 30, 2004, as amended prior to October 28, 2004 (the “Original Declaration”), and the Amended and Restated Agreement and Declaration of Trust dated October 28, 2004, as amended prior to the Effective Date (the “A&R Declaration”), regarding the establishment and designation of Series and/or Classes of the Shares of the Trust, and any
