ex99a1iii.htm
EX-99.a.1.iii
CERTIFICATE
OF AMENDMENT
TO
AGREEMENT
AND DECLARATION OF TRUST
OF
DELAWARE
VIP TRUST
The
undersigned Trustees of Delaware VIP Trust, a Delaware statutory trust (the
“Trust”), constituting a majority of the Board of Trustees of the Trust, do
hereby certify that pursuant to the authority granted to the Trustees in Article
VIII, Section 5 of the Amended and Restated Agreement and Declaration of Trust
of the Trust made as of August 22, 2002, as amended to date (the “Declaration of
Trust”), the Declaration of Trust is hereby amended as follows:
FIRST. ARTICLE
III, Section 6(b) is amended by replacing the first paragraph with the
following:
(b) Liabilities Held with
Respect to a Particular Series. The assets of the Trust held
with respect to each particular Series shall be charged against the liabilities
of the Trust held with respect to that Series and all expenses, costs, charges,
and reserves attributable to that Series, and any liabilities, expenses, costs,
charges and reserves of the Trust which are not readily identifiable as being
held with respect to any particular Series (collectively, “General Liabilities”)
shall be allocated and charged by the Board of Trustees to and among any one or
more of the Series in such manner and on such basis as the Board of Trustees in
its sole discretion deems fair and equitable. The liabilities,
expenses, costs, charges and reserves so charged to a Series are herein referred
to as “liabilities held with respect to” that Series. Each allocation
of liabilities, expenses, costs, charges and reserves by the Board of Trustees
shall be conclusive and binding upon the Shareholders of all Series for all
purposes. All Persons who have extended credit which has been
allocated to a particular Series, or who have a claim or contract which has been
allocated to any particular Series, shall look exclusively to the assets of that
particular Series for payment of such credit, claim, or contract. In
the absence of an express contractual agreement so limiting the claims of such
creditors, claimants and contract providers, each creditor, claimant and
contract provider will be deemed nevertheless to have impliedly agreed to such
limitation unless an express provision to the contrary has been incorporated in
the written contract or other document establishing the claimant
relationship.
SECOND. This
Certificate of Amendment may be signed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
IN WITNESS WHEREOF, the
undersigned Trustees have duly executed this Certificate of Amendment as of the
18th day
of August, 2009.
/s/ Patrick P.
Coyne
Patrick
P. Coyne, Trustee
|
/s/ Ann R.
Leven
Ann
R. Leven, Trustee
|
/s/ Thomas L.
Bennett
Thomas
L. Bennett, Trustee
|
/s/ Thomas F.
Madison
Thomas
F. Madison, Trustee
|
/s/ John A.
Fry
John
A. Fry, Trustee
|
/s/ Janet L.
Yeomans
Janet
L. Yeomans, Trustee
|
/s/ Anthony D.
Knerr
Anthony
D. Knerr, Trustee
|
/s/ J. Richard
Zecher
J.
Richard Zecher, Trustee
|
/s/ Lucinda S.
Landreth
Lucinda
S. Landreth, Trustee
|
|
2