August 12, 2009 Ms. Mary Jean Milner Vice President The Bank of New York MellonIng Variable Portfolios Inc • July 31st, 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 Retirement Conservative Portfolio, ING Retirement Growth Portfolio, ING Retirement Moderate Growth Portfolio, and ING Retirement Moderate Portfolio (collectively, the “Portfolios”), each a newly established series of ING Investors Trust, to be included on the Amended Exhibit A to the Agreements as shown. This Amended Exhibit A supersedes the previous Amended Exhibit A dated August 3, 2009.
August 3, 2009 Michael Gioffre Senior Vice President ING Investment Management Co. Hartford, CT 06103-3607 Dear Mr. Gioffre:Ing Variable Portfolios Inc • July 31st, 2009
Pursuant to the Sub-Advisory Agreement dated March 1, 2002 between ING Investments, LLC and ING Investment Management Co., as amended (the “Agreement”), we hereby notify you of our intention to retain you as Sub-Adviser to render investment advisory services to ING Dow Jones Euro STOXX 50® Index Portfolio, ING FTSE 100 Index Portfolio, ING Japan Equity Index Portfolio, and ING Nasdaq 100 Index Portfolio (collectively, the “Portfolios”), each a series of ING Variable Portfolios, Inc., effective August 3, 2009, 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 Portfolios to the Amended Schedule A of the Agreement. The Amended Schedule A, with the annual sub-advisory fees indicated for the Portfolios, is attached hereto.
August 3, 2009 Todd Modic Senior Vice President ING Funds Distributor, LLC Scottsdale, AZ 85258 Dear Mr. Modic:Distribution Agreement • July 31st, 2009 • Ing Variable Portfolios Inc
Pursuant to the Distribution Agreement dated January 1, 2002, between ING Variable Portfolios, Inc. and ING Funds Distributor, LLC (the “Agreement”) we hereby notify you of our intention to retain you as Underwriter to render underwriting services to ING Dow Jones Euro STOXX 50® Index Portfolio, ING FTSE 100 Index Portfolio, ING Japan Equity Index Portfolio, and ING Nasdaq 100 Index Portfolio, each a newly established Series of ING Variable Portfolios, Inc. (collectively, the “Portfolios”), effective August 3, 2009, 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 Schedule of Approvals of the Agreement. The Amended Schedule of Approvals is attached hereto.
August 3, 2009 Todd Modic Senior Vice President ING Investments, LLC Scottsdale, AZ 85258 Dear Mr. Modic:Ing Variable Portfolios Inc • July 31st, 2009
ING Investments, LLC (“ING Investments”) and ING Investment Management Co. (“ING IM”) are parties to a Sub-Advisory Agreement dated March 1, 2002, as amended (the “Agreement”), and pursuant to an Acceptance Letter dated August 3, 2009, ING Investments has agreed to pay ING IM an annual sub-advisory fee of 0.27% as a percentage of average daily net assets of ING Dow Jones Euro STOXX 50® Index Portfolio, ING FTSE 100 Index Portfolio, and ING Japan Equity Index Portfolio, and 0.2025% as a percentage of average daily net assets of ING Nasdaq 100 Index Portfolio (each a “Portfolio” and collectively, the “Portfolios”). By this letter dated August 3, 2009, ING IM voluntarily waives a portion of the annual sub-advisory fee that it is entitled to receive as follows:
AMENDED EXHIBIT A (Dated: August 3, 2009)Ing Variable Portfolios Inc • July 31st, 2009
THIS AMENDED EXHIBIT A is Amended Exhibit A to that certain Transfer Agency Services Agreement dated as of February 25, 2009, between PNC Global Investment Servicing (U.S.) Inc. and the Fund (the “Agreement”). For all purposes under the Agreement, the terms Fund and Portfolio shall refer to the following, respectively:
August 3, 2009 Todd Modic Senior Vice President ING Funds Services, LLC Scottsdale, AZ 85258 Dear Mr. Modic:Administration Agreement • July 31st, 2009 • Ing Variable Portfolios Inc
Pursuant to the Administration Agreement dated April 1, 2002, as amended and restated on December 31, 2008 between ING Variable Portfolios, Inc. and ING Funds Services, LLC (the “Agreement”), we hereby notify you of our intention to retain you as Administrator to render administrative and other services to ING Dow Jones Euro STOXX 50® Index Portfolio, ING FTSE 100 Index Portfolio, ING Japan Equity Index Portfolio, and ING Nasdaq 100 Index Portfolio, each a newly established series of ING Variable Portfolios, Inc. (collectively, the “Portfolios”), effective August 3, 2009, 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 Portfolios to the Amended Schedule A of the Agreement. The Amended Schedule A, with the annual administration fees indicated for the Portfolios, is attached hereto.
August 3, 2009 ING Variable Portfolios, Inc. Scottsdale, AZ 85258 Ladies and Gentlemen:Ing Variable Portfolios Inc • July 31st, 2009
By this letter dated August 3, 2009, we have agreed to waive a portion of the investment management fee payable to us under the Amended Investment Management Agreement dated April 1, 2004 between ING Investments, LLC and ING Variable Portfolios, Inc., as amended (the “Agreement”) with respect to ING Dow Jones Euro STOXX 50® Index Portfolio, ING FTSE 100 Index Portfolio, ING Japan Equity Index Portfolio, and ING Nasdaq 100 Index Portfolio (collectively, the “Portfolios”), each a series of ING Variable Portfolios, Inc., in the amount of 0.25% per annum. By this letter, we agree to waive that fee for the period from August 3, 2009 through and including August 5, 2012.
August 3, 2009 ING Variable Portfolios, Inc. Scottsdale, AZ 85258 Ladies and Gentlemen:Ing Variable Portfolios Inc • July 31st, 2009
By this letter dated August 3, 2009, we have agreed to waive the administrative services fee payable to us under the Administration Agreement dated April 1, 2002, as amended and restated on December 31, 2008 between ING Variable Portfolios, Inc. and ING Funds Services, LLC (the “Agreement”) with respect to ING Dow Jones Euro STOXX 50® Index Portfolio, ING FTSE 100 Index Portfolio, ING Japan Equity Index Portfolio, and ING Nasdaq 100 Index Portfolio (collectively, the “Portfolios”), each a series of ING Variable Portfolios, Inc., in the amount of 0.10% per annum. By this letter, we agree to waive that fee for the period from August 3, 2009 through and including August 5, 2012.
