Schwab S&P 500 Index Portfolio may not purchase securities of an issuer, except as consistent with the maintenance of its status as an open-end diversified company under the Investment Company Act of 1940, the rules or regulations thereunder or any exemption therefrom, as such statute, rules or regulations may be amended or interpreted from time to time. However, the Schwab S&P 500 Index Portfolio may become "non-diversified", as defined in the Investment Company Act of 1940, solely as a result of a change in relative market capitalization or index weighting of one or more constituents of the index the fund is designed to track.