FIRST AMENDMENT TO FUND PARTICIPATION AGREEMENT Between EVERGREEN VARIABLE ANNUITY TRUST And UNITED INVESTORS LIFE INSURANCE COMPANY
Exhibit 27(h)(5)(a)
FIRST AMENDMENT TO
FUND PARTICIPATION AGREEMENT
Between
EVERGREEN VARIABLE ANNUITY TRUST
And
UNITED INVESTORS LIFE INSURANCE COMPANY
This Amendment (this “Amendment”), made and entered into as of December 5, 2003, is made a part of the Fund Participation Agreement dated May 11, 2000, (hereinafter the “Agreement”), by and between United Investors Life Insurance Company (“Company”), on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A to the Agreement, and Evergreen Variable Annuity Trust (the “Trust”).
WHEREAS, the parties desire to amend Schedule A to the Agreement to reflect changes; and
WHEREAS, Evergreen VA Global Leaders Fund is being merged into Evergreen VA International Equity Fund.
WHEREAS, Evergreen VA Equity Index Fund is being liquidated effective December 23, 2003.
WHEREAS, the Company would like to add Evergreen VA International Equity Fund to each Separate Account, Contract and Associated Portfolio listed on Schedule A.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises set forth below, the parties agree as follows:
| 1. | Schedule A to the Agreement is hereby deleted in its entirety and replaced with the attached new Schedule A. |
| 2. | All references to Evergreen VA Global Leaders Fund are to be replaced with Evergreen VA International Equity Fund. |
| 3. | All references to Evergreen VA Equity Index Fund are to be removed. |
| 4. | Except as specifically set forth herein, all other provisions of the Agreement shall remain in full force and effect. |
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.
UNITED INVESTORS LIFE INSURANCE COMPANY
| /s/ Xxxx X. Xxxxxxxxxx | ||
| By: |
Xxxx X. Xxxxxxxxxx | |
| Its: |
Secretary & Counsel | |
EVERGREEN VARIABLE ANNUITY TRUST
| /s/ Xxxxx X. Xxxxx | ||
| By: |
Xxxxx X. Xxxxx | |
| Its: |
Assistant Secretary | |
SCHEDULE A
(As amended December 5, 2003)
Separate Accounts, Contracts and Associated Portfolios
Name of Separate Accounts and Date
Established by Board of Directors
Titanium Universal Life Variable Account 9/15/99
Titanium Annuity Variable Account 9/15/99
Contracts Funded by Separate Account and Form Number
TL99 Titanium Universal Life Variable Account
TA99 Titanium Annuity Variable Account
Designated Portfolios
| • | Evergreen VA Foundation Fund |
| • | Evergreen VA International Equity Fund |
| • | Evergreen VA Small Cap Value Fund |
