EX-99.28 3 fp0087691-1_ex9928a5.htm

Exhibit 99(a)(5)

 

ARTICLES SUPPLEMENTARY

 

AUGUSTAR VARIABLE INSURANCE PRODUCTS FUND, INC.

 

AuguStar Variable Insurance Products Fund, Inc., a Maryland corporation registered as an open-end company under the Investment Company Act of 1940, as amended, hereby files these Articles Supplementary for record in connection with the renaming and re-classification of certain shares of the corporation’s common stock.

 

FIRST: The corporation is duly registered as an open-end company under the Investment Company Act of 1940.

 

SECOND: Pursuant to resolutions duly adopted at a meeting, the Board of Directors has re- classified certain shares of the corporation’s authorized common stock in accordance with Section 2- 105(c) of the Code of Maryland.

 

THIRD: Immediately before the re-classification of shares, the total number of shares of common stock of all classes that the corporation had authority to issue was one billion five hundred and fifty million (1,550,000,000) shares of par value of one dollar ($1.00) per share, being an aggregate par value of one billion five hundred and fifty million dollars ($1,550,000,000). Such shares have previously been designated in the following classes:

 

AVIP Bond Class Twenty-two million shares
AVIP BlackRock Balanced Allocation Class Twenty-five million shares
AVIP BlackRock Advantage International Equity Class Fifty million shares
AVIP Fidelity Institutional AM® Equity Growth Class Seventy-four million shares
AVIP AB Small Cap Class Seventeen million shares
AVIP AB Mid Cap Core Class Six million shares
AVIP S&P 500® Index Class Fifty million shares
AVIP S&P MidCap 400® Index Class Thirty-one million shares
AVIP BlackRock Advantage Large Cap Value Class Twenty-six million shares
AVIP Federated High Income Bond Class Thirteen million shares
AVIP Nasdaq-100® Index Class Twenty-seven million shares
AVIP BlackRock Advantage Large Cap Core Class Nineteen million shares
AVIP BlackRock Advantage Small Cap Growth Class Twelve million shares
AVIP BlackRock Advantage Large Cap Growth Class Eighty-two million shares
AVIP AB Risk Managed Balanced Class One hundred seventy million shares
AVIP Federated Core Plus Bond Class One hundred fifteen million shares
AVIP Moderately Conservative Model Class Twenty-eight million shares
AVIP Balanced Model Class Ninety-seven million shares
AVIP Moderate Growth Model Class One hundred seventy million shares
AVIP Growth Model Class Thirty-eight million shares
AVIP iShares Managed Risk Balanced Class One hundred twenty-three million shares
AVIP iShares Managed Risk Moderate Growth Class Ninety-five million shares
AVIP iShares Managed Risk Growth Class Eighty million shares
AVIP Intech US Low Volatility Class One hundred fifty-five million shares
AVIP AB Relative Value Class Twenty-five million shares

 

FOURTH: Immediately after the re-classification of shares, the total number of shares of common stock of all classes that the corporation has authority to issue is one billion five hundred and fifty million (1,550,000,000) shares of par value of one dollar ($1.00) per share, being an aggregate par value of one billion five hundred and fifty million dollars ($1,550,000,000). Such shares have been designated in the following classes:

 

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AVIP Bond Class Twenty-two million shares
AVIP BlackRock Balanced Allocation Class Twenty million shares
AVIP BlackRock Advantage International Equity Class Thirty-five million shares
AVIP Fidelity Institutional AM® Equity Growth Class One hundred thirty-four million shares
AVIP AB Small Cap Class Seventeen million shares
AVIP AB Mid Cap Core Class Six million shares
AVIP S&P 500® Index Class Fifty million shares
AVIP S&P MidCap 400® Index Class Forty-one million shares
AVIP BlackRock Advantage Large Cap Value Class Twenty-one million shares
AVIP Federated High Income Bond Class Thirteen million shares
AVIP Nasdaq-100® Index Class Twenty-seven million shares
AVIP BlackRock Advantage Large Cap Core Class Nineteen million shares
AVIP BlackRock Advantage Small Cap Growth Class Twelve million shares
AVIP BlackRock Advantage Large Cap Growth Class Eighty-two million shares
AVIP AB Risk Managed Balanced Class One hundred seventy million shares
AVIP Federated Core Plus Bond Class One hundred fifteen million shares
AVIP Moderately Conservative Model Class Twenty-eight million shares
AVIP Balanced Model Class One hundred seven million shares
AVIP Moderate Growth Model Class Two hundred million shares
AVIP Growth Model Class Forty-eight million shares
AVIP iShares Managed Risk Balanced Class One hundred twenty-three million shares
AVIP iShares Managed Risk Moderate Growth Class Seventy million shares
AVIP iShares Managed Risk Growth Class Sixty-five million shares
AVIP Intech US Low Volatility Class One hundred five million shares
AVIP AB Relative Value Class Twenty million shares

 

All preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption of the shares of each class shall be equal to those of all other classes, as set forth in Article FIFTH of the Articles of Restatement except as otherwise may be provided by the Investment Company Act of 1940 and Rules thereunder.

 

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Wherefore, AuguStar Variable Insurance Products Fund, Inc., has caused these Articles Supplementary to be executed in Montgomery, Ohio, by its authorized officers this 6th day of December, 2023.

 

AUGUSTAR VARIABLE INSURANCE PRODUCTS FUND, INC.

 

 

By /s/ R. Todd Brockman   Attest: /s/ Tim Abbott  
  R. Todd Brockman, VP & Treasurer     Tim Abbott, Assistant Secretary  

 

STATE OF OHIO )
  )       ss.
COUNTY OF HAMILTON )

 

I hereby certify that on the 6th day of December, 2023, before me, the subscriber, a Notary Public of the State of Ohio in and for the County aforesaid, personally appeared R. Todd Brockman, VP & Treasurer of AuguStar Variable Insurance Products Fund, Inc., a Maryland corporation, and acknowledged the foregoing Articles Supplementary to be the act and deed of said corporation, and that the matters set forth in said Articles Supplementary with respect to authorization and approval are true to the best of his knowledge, information and belief, under penalties of perjury.

 

WITNESS my hand and Notarial Seal the day and year last above written.

 

  /s/ Rebekah Lynn Brock  
  Notary Public  

 

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