EX-99.G4 8 p66003bex99-g4.txt EX-99.G4 EXHIBIT (g)(4) FORM OF FIRST AMENDMENT TO CUSTODIAN AND INVESTMENT ACCOUNTING AGREEMENT THIS FIRST AMENDMENT TO CUSTODIAN AND INVESTMENT ACCOUNTING AGREEMENT (the "Amendment") is made and entered into as of March 1, 2002 by and between EACH OF THE FUNDS SET FORTH ON EXHIBIT A DATED NOVEMBER 1, 2001, attached to the Agreement and attached hereto for reference (each a "Client") and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company ("State Street"). WITNESSETH: WHEREAS, Client and State Street are parties to that certain Custodian and Investment Accounting Agreement dated as of November 1, 2001 (the "Agreement"); and WHEREAS, Client and State Street desire to amend and supplement the Agreement upon the following terms and conditions. NOW THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Client and State Street hereby agree that the Agreement is amended and supplemented as follows: 1. Exhibit A shall be replaced in its entirety by the Exhibit A dated March 1, 2002 attached hereto and incorporated herein by this reference. 2. General Provisions. This Amendment will at all times and in all respects be construed, interpreted, and governed by the laws of The Commonwealth of Massachusetts, without giving effect to the conflict of laws provisions thereof. This Amendment may be executed in any number of counterparts, each constituting an original and all considered one and the same agreement. This Amendment is intended to modify and amend the Agreement and the terms of this Amendment and the Agreement are to be construed to be cumulative and not exclusive of each other. Except as provided herein, the Agreement is hereby ratified and confirmed and remains in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers to be effective as of the date first above written. STATE STREET BANK AND TRUST COMPANY ON BEHALF OF EACH OF THE FUNDS SET FORTH ON EXHIBIT A ATTACHED HERETO By: By: --------------------------------- --------------------------------- Name: Name: Michael J. Roland ------------------------------- ------------------------------- Title: Title: Executive Vice President ------------------------------ ------------------------------ LIST OF FUNDS (3/1/02)
ENTITY NAME JURISDICTION -------------------------------------------------------------------------------------------------------------------- ING FINANCIAL SERVICES FUND, INC. Maryland Corporation ING EQUITY TRUST Massachusetts Business Trust ING Biotechnology Fund ING MidCap Opportunities Fund ING MidCap Value Fund ING Principal Protection Fund ING Principal Protection Fund II ING Principal Protection Fund III ING SmallCap Value Fund ING FUNDS TRUST Delaware Business Trust ING Classic Money Market Fund ING High Yield Bond Fund ING Intermediate Bond Fund ING Internet Fund ING National Tax-Exempt Bond Fund ING National Tax-Exempt Money Market Fund ING Tax Efficient Equity Fund ING GNMA INCOME FUND, INC. Maryland Corporation ING GROWTH OPPORTUNITIES FUND Massachusetts Business Trust ING INVESTMENT FUNDS, INC. Maryland Corporation ING MagnaCap Fund ING High Yield Fund ING LARGE COMPANY VALUE FUND, INC. Maryland Corporation ING MAYFLOWER TRUST Massachusetts Business Trust ING Growth + Value Fund ING Research Enhanced Index Fund ING MUTUAL FUNDS Delaware Business Trust ING Convertible Fund ING Equity and Income Fund ING High Yield Opportunity Fund ING LargeCap Growth Fund ING MidCap Growth Fund ING Money Market Fund ING SmallCap Growth Fund ING Strategic Income Fund ING SENIOR INCOME FUND Delaware Business Trust
ENTITY NAME JURISDICTION -------------------------------------------------------------------------------------------------------------------- ING SMALLCAP OPPORTUNITIES FUND Massachusetts Business Trust ING PRIME RATE TRUST Massachusetts Business Trust PILGRIM NATURAL RESOURCES TRUST Massachusetts Business Trust PILGRIM VARIABLE INSURANCE TRUST Delaware Business Trust Pilgrim VIT High Yield Bond Fund PILGRIM VARIABLE PRODUCTS TRUST Massachusetts Business Trust ING VP Large Company Value Portfolio Pilgrim VP Convertible Portfolio Pilgrim VP Growth + Value Portfolio Pilgrim VP LargeCap Growth Portfolio Pilgrim VP SmallCap Opportunities Portfolio Pilgrim VP Research Enhanced Index Portfolio Pilgrim VP High Yield Bond Portfolio Pilgrim VP MagnaCap Portfolio Pilgrim VP Growth Opportunities Portfolio Pilgrim VP MidCap Opportunities Portfolio Pilgrim VP Financial Services Portfolio USLICO SERIES FUND Massachusetts Business Trust Asset Allocation Portfolio Bond Portfolio Money Market Portfolio Stock Portfolio ING LEXINGTON MONEY MARKET TRUST Massachusetts Business Trust