EXHIBIT 12 DRINKER BIDDLE & REATH LLP ONE LOGAN SQUARE 18th AND CHERRY STREETS PHILADELPHIA, PA 19103-6996 215-988-2700 FAX: 215-988-2757 www.dbr.com September 15, 1999 Excelsior Funds, Inc. Excelsior Funds 73 Tremont Street Boston, MA 02108-3913 RE: Agreement and Plan of Reorganization By and Between Excelsior Funds, Inc. and Excelsior Funds -------------------------------------------------------- Dear Sirs and Mesdames: You have asked for our opinion on the federal income tax consequences to shareholders of the transactions contemplated in the above Agreement and Plan of Reorganization. In our opinion, the material federal income tax consequences to shareholders of such transactions are accurately set forth in the subsection entitled "INFORMATION RELATING TO THE PROPOSED REORGANIZATION - Federal Income Tax Consequences" in the Combined Prospectus/Proxy Statement contained in the Registration Statement being filed this day with the Securities and Exchange Commission. We hereby consent to the filing of this opinion as an exhibit to the Registration Statement. In so consenting we do not concede that we come within the categories of persons whose consent is required under section 7 of the Securities Act of 1933 or under the rules and regulations of the Securities and Exchange Commission issued thereunder. Very truly yours, /s/ Drinker Biddle and Reath LLP ---------------------------------- DRINKER BIDDLE & REATH LLP