AMENDED AND RESTATED SUB-ADVISORY AGREEMENTSub-Advisory Agreement • February 26th, 2009 • Ing Mutual Funds • Arizona
AGREEMENT made the 7th day of December, 2005, is hereby amended and restated this 21st day of August 2008 between ING Investments, LLC, an Arizona limited liability company (the “Manager”), and ING Investment Management Advisors B.V., an indirect wholly owned subsidiary of ING Groep N.V., domiciled in The Hague, The Netherlands (the “Sub-Adviser”) (the “Agreement”).
ContractAgency Agreement • February 26th, 2009 • Ing Mutual Funds
Pursuant to the Agency Agreement dated November 30, 2000, as amended, between the Funds (as defined in the Agreement) and DST Systems, Inc. (the “Agreement”), we hereby notify you of our intention to retain you as Transfer Agent and Dividend Disbursing Agent to render such services to ING American Funds World Allocation Portfolio and ING Oppenheimer Active Asset Allocation Portfolio, each a newly established series of ING Investors Trust, effective September 15, 2008 (the “Portfolios”) upon all of the terms and conditions set forth in the Agreement. Upon your acceptance, the Agreement will be modified to give effect to the foregoing by adding the above-mentioned Portfolios to the Amended and Restated Exhibit A of the Agreement. This Amended and Restated Exhibit A supersedes the previous Amended and Restated Exhibit A dated August 20, 2008 and is attached hereto.
ContractIng Mutual Funds • February 26th, 2009
Pursuant to the terms and conditions of the Custody Agreement, Foreign Custody Manager Agreement, Fund Accounting Agreement, Custody & Fund Accounting Fee Schedule, and Global Securities Fee Schedule, each dated January 6, 2003, and the Cash Reserve Agreement dated March 31, 2003 (the “Agreements”), we hereby notify you of the addition of ING U.S. Government Money Market Fund and ING U.S. Government Money Market Portfolio, each a newly established series of ING Series Fund, Inc. and ING Variable Portfolios, Inc., respectively, to be included on the Amended Exhibit A to the Agreements as shown. This Amended Exhibit A supersedes the previous Amended Exhibit A dated October 22, 2008.
ContractLetter Agreement • February 26th, 2009 • Ing Mutual Funds
By execution of this letter agreement (the “Agreement”), intending to be legally bound hereby, ING Investments, LLC (“ING Investments”), the Adviser to ING Greater China Fund (the “Fund”), agrees that ING Investments shall, from March 1, 2009 through and including March 1, 2010, waive all or a portion of its investment management fee and/or reimburse expenses in amounts necessary so that after such waivers and/or reimbursements, the maximum total operating expense ratios of the Fund shall be all follows:
ContractIng Mutual Funds • February 26th, 2009
Pursuant to the terms and conditions of the Securities Lending Agreement and Guaranty dated August 7, 2003 and the Subscription Agreement dated August 8, 2003 (the “Agreements”), we hereby notify you of the addition of ING U.S. Government Money Market Fund and ING U.S. Government Money Market Portfolio, each a series of ING Series Fund, Inc. and ING Variable Portfolios, Inc., respectively, (together, the “Funds”), to be included on the Amended Exhibit A to the Agreements. This Amended Exhibit A supersedes the previous Amended Exhibit A dated October 22, 2008 and is attached hereto.
FORM OF AMENDED AND RESTATED ADMINISTRATION AGREEMENTAdministration Agreement • February 26th, 2009 • Ing Mutual Funds • Delaware
THIS AGREEMENT made this 23rd day of September, 2002, as amended and restated on November 30, 2008, between ING Mutual Funds (the “Trust”), a Delaware business trust, and ING Funds Services, LLC (the “Administrator”), a Limited Liability Company organization under the laws of Delaware.
EXPENSE LIMITATION AGREEMENT ING MUTUAL FUNDSExpense Limitation Agreement • February 26th, 2009 • Ing Mutual Funds
This EXPENSE LIMITATION AGREEMENT (this “Agreement”), effective this 2nd day of January, 2008, is made by and between ING Investments, LLC (the “Investment Manager”), ING Funds Distributor, LLC (the “Distributor”), and ING Mutual Funds (the “Registrant”). If Registrant is a series fund investment company, then Registrant is entering into this Agreement on behalf of, and this Agreement shall apply to, each series of Registrant set forth on Schedule A hereto (each a “Fund,” collectively the “Funds”), as such schedule may be amended from time to time to add or delete series. If The Registrant is not a series fund investment company, then this Agreement shall apply to the Registrant, and the use of the terms “Fund” or “Funds” herein shall refer to the Registrant.
ContractIng Mutual Funds • February 26th, 2009
Pursuant to the Amended and Restated Sub-Advisory Agreement dated December 5, 2002, as amended, between ING Investment Management Advisors B.V. (“IIMA BV”), sub-adviser to the ING Emerging Countries Fund (the “Fund”) and ING Investments, LLC, a series of ING Mutual Funds, the sub-advisory fee rate payable by ING Investments, LLC for the Fund was reduced on May 28, 2008.
SHAREHOLDER SERVICES AGREEMENT FOR ING MUTUAL FUNDSShareholder Services Agreement • February 26th, 2009 • Ing Mutual Funds • Delaware
ING Funds Distributor, LLC (the “Distributor”) serves as the principal underwriter to ING Mutual Funds (the “Trust”), a Delaware statutory trust registered as a management investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), in connection with the Class O shares of the Trust’s separate series of shares (the “Funds”) listed on the attached Schedule A. The Distributor appoints ShareBuilder Securities Corporation (“ShareBuilder”) to provide shareholder services pursuant to this Shareholder Services Agreement (the “Agreement”).
ContractIng Mutual Funds • February 26th, 2009
Pursuant to the Sub-Advisory Agreement dated September 23, 2002 between ING Investments, LLC and ING Clarion Real Estate Securities L.P., as amended, (the “Agreement”), we hereby notify you of our intention to modify the annual sub-adviser fee for ING Global Real Estate Fund (the “Fund”), effective June 1, 2008, upon all of the terms and conditions set forth in the Agreement. Upon your acceptance, the Agreement will be modified to give effect to the foregoing by amending Amended Schedule A of the Agreement. The Amended Schedule A, with the annual sub-adviser fee indicated for the Fund, is attached hereto.
ContractLetter Agreement • February 26th, 2009 • Ing Mutual Funds
By execution of this letter agreement (the “Agreement”), intending to be legally bound hereby, ING Investments, LLC (“ING Investments”), the Adviser to ING Greater China Fund (the “Fund”), agrees that ING Investments shall, from May 30, 2008 through and including March 1, 2010, waive all or a portion of its investment management fee and/or reimburse expenses for Class O shares of the Fund in amounts necessary so that after such waivers and/or reimbursements, the maximum total operating expense ratios of the Fund shall be all follows:
