SECOND AMENDMENT DATED_______,2008
TO
PARTICIPATION AGREEMENT
Effective November 3, 2008 the Participation Agreement made and entered into as
of the October 15, 2002 as amended, by and among Ameritas Life Insurance Corp.
("Company"), Xxxxxxxxxxx Variable Account Funds (the "Funds"), and
OppenheimerFunds, Inc. (the "Fund Party")
(the "Agreement") is hereby amended as follows.
1. Schedule 1 of the Agreement is hereby amended to add the following
additional Product:
Ameritas Variable Separate Account V ("Separate Account V") Ameritas
Life Insurance Corp. Separate Account LLVL ("Separate Account LLVL")
2. Schedule 2 of the Agreement is hereby amended to add the following
additional V ariable Contracts:
Excel Performance VUL Advisor VUL
3. Schedule 3 of the Agreement is hereby amended to add the following
additional Portfolios of Xxxxxxxxxxx Variable Account Funds:
Xxxxxxxxxxx Global Securities Fund/VA non-service shares
All other terms and provisions of the Agreement not amended herein
shall remain in full force and effect.
(the remainder of this page left blank signature page follows)
IN WITNESS WHEREOF, each of the parties has caused this Amendment to
the Participation to be executed in its name and on its behalf by its duly
authorized representative.
XXXXXXXXXXX VARIABLE ACCOUNT THE UNION CENTRAL LIFE
FUNDS INSURANCE COMPANY
By its authorized officer, By its authorized officer,
By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxxx de Xxxxx
Name: Xxxxx X. Xxxxxx Name: Xxxxxx de Xxxxx
Title: Treasurer Title:Second Vice President
Date: 9/9/08 Date: September 2, 2008
XXXXXXXXXXX FUNDS, INC.
By its authorized officer,
By: Xxxxxxxxx X. Xxxxx
Name: Xxxxxxxxx Xxxxx
Title: VP
Date: 9/9/08
Novation to Participation Agreement
WHEREAS, on October 15, 2002, a Participation Agreement (the "Agreement") was
entered into by and among Ameritas Variable Life Insurance Company ("AVLIC"), on
its own behalf and on behalf of Ameritas Variable Separate Account VA and
Ameritas Variable Separate Account VL of AVLIC (the "Separate Accounts")
Xxxxxxxxxxx Variable Account Funds (the "Fund"),and Xxxxxxxxxxx Funds, Inc.
("the Adviser"), whereby AVLIC issues certain individual variable life and/or
variable annuity contracts (the "Contracts"), the Fund acts as the underlying
investment vehicle of such contracts and the Adviser serves as investment
adviser to the Fund. A copy of the Agreement is attached hereto and made a part
hereof. The Agreement, by its terms, provides for amendment upon the written
agreement of all parties; and
WHEREAS, the closing of the merger of AVLIC with and into Ameritas Life
Insurance Corp. ("Ameritas"), with Ameritas as the surviving company (the
"Merger") is currently scheduled to occur after the close of business on April
30, 2007; It is therefore agreed:
1. Substitution of Party - The Agreement is amended to provide for Ameritas to
act as the issuer of the Contracts in substitution of AVLIC.
2. Performance of Duties - Ameritas hereby assumes and agrees to perform the
duties previously performed by AVLIC under the Agreement.
3. Assumption. of Rights - Ameritas hereby assumes the rights previously held
by AVLIC under the Agreement.
4. Effective Date - This Novation shall take effect as of the actual closing
date of the Merger, and such effectiveness is conditioned upon the closing
of the Merger. Ameritas will notify the other parties hereto of any change
in the scheduled closing date and of the actual closing date.
In witness whereof the parties have signed this instrument.
Executed this 24th day of April, 2007.
AMERITAS VARIABLE LIFE INSURANCE XXXXXXXXXXX VARIABLE ACCOUNT
COMPANY FUNDS
By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxxx
Print: Xxxxxx X. Xxxxx Print: Xxxxx X. Xxxxxx
Title: Vice President Title: Treasurer
Date: February 7, 2007 Date: 4-24-07
AMERITAS LIFE INSURANCE CORP. XXXXXXXXXXX FUNDS, INC.
By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxxxxxxxxx X. Xxxxxx
Print: Xxxxxx X. Xxxxx Print: Xxxxxxxxxxx X. Xxxxxx
Title: Sr. Vice President Title: Vice President
Date: February 7, 2007 Date: 4-11-07
PARTICIPATION AGREEMENT
Among
XXXXXXXXXXX VARIABLE ACCOUNT FUNDS.
OPPENHEIMERFUNDS. INC.
and
AMERITAS VARIABLE LIFE INSURANCE COMPANY
THIS AGREEMENT (the "Agreement"), made and entered into as of
the 15th day of October, 2002 by and among Ameritas Variable Life Insurance
Company (hereinafter the "Company"), on its own behalf and on behalf of each
separate account of the Company named in Schedule 1 to this agreement, as may be
amended from time to time by mutual consent (hereinafter collectively the
"Accounts"), Xxxxxxxxxxx Variable Account Funds (hereinafter the "Fund") and
OppenheimerFunds, Inc. (hereinafter the "Adviser").
WHEREAS, the Fund is an open-end management investment company
and is available to act as the investment vehicle for separate accounts now in
existence or to be established at any date hereafter for variable life insurance
policies and variable annuity contracts (collectively, the "Variable Insurance
Products") offered by insurance companies (hereinafter "Participating Insurance
Company");
WHEREAS. the beneficial interest in the Fund is divided into
several series of shares. each designated a "Portfolio", and each representing
the interests in a particular managed pool of securities and other assets;
WHEREAS, the Fund has obtained an order from the Securities
and Exchange Commission. dated July 16, 1986 (File No.812-6324) granting
Participating Insurance Company and variable annuity and variable life insurance
separate accounts exemptions from the provisions of sections 9(a), 13(a), 15(a),
and 15(b) of the Investment Company Act of 1940, as amended, (hereinafter the
"1940 Act") and Rules 6e2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent
necessary to permit shares of the Fund to be sold to and held by variable
annuity and variable life insurance separate accounts of both affiliated and
unaffiliated life insurance companies (hereinafter the "Mixed and Shared Funding
Exemptive Order");
WHEREAS, the Fund is registered as an open-end management
investment company under the 1940 Act and its shares are registered under the
Securities Act of 1933, as amended (hereinafter the "1933 Act");
WHEREAS, the Adviser is duly registered as an investment
adviser under the federal Investment Advisers Act of 1940;
WHEREAS, the Company has registered or will register certain
variable annuity and/or life insurance contracts under the 1933 Act (hereinafter
"Contracts") (unless an exemption from registration is available);
WHEREAS. the Accounts are or will be duly organized, validly
existing segregated asset accounts, established by resolution of the Board of
Directors of the Company, to set aside and invest assets attributable to the
aforesaid variable contracts (the Contract(s) and the Account(s) covered by the
Agreement are specified in Schedule 2 attached hereto. as may be modified by
mutual consent from time to time);
WHEREAS. the Company has registered or will register the
Accounts as unit investment trusts under the 1940 Act (unless an exemption from
registration is available);
WHEREAS. to the extent permitted by applicable insurance laws
and regulations. the Company intends to purchase shares in the Portfolios (the
Portfolios covered by this Agreement are specified
in Schedule 3 attached hereto as may be modified by mutual consent from time to
time), on behalf of the Accounts to fund the Contracts named in Schedule 2, as
may be amended from time to time by mutual consent, and the Fund is authorized
to sell such shares to unit investment trusts such as the Accounts at net asset
value; and
NOW THEREFORE. in consideration of their mutual promises.
the Fund, the Adviser and the Company agree as follows:
ARTICLE I. Sale of Fund Shares
1.1. The Fund agrees to sell to the Company those shares of
the Fund which the Company orders on behalf of the Account. executing such
orders on a daily basis at the net asset value next computed after receipt by
the Fund or its designee of the order for the shares of the Fund. For purposes
of this Section 1.1, the Company shall be the designee of the Fund for receipt
of such orders from each Account and receipt by such designee shall constitute
receipt by the Fund; provided that the Fund receives written (or facsimile)
notice of such order by 9:30 a.nt New York time on the next following Business
Day. "Business Day" shall mean any day on which the New York Stock Exchange is
open for trading and on which the Fund calculates its net asset value pursuant
to the rules of the SEC.
1.2. The Company shall pay for Fund shares on the next
Business Day after it places an order to purchase Fund shares in accordance with
Section 1.1 hereof. Payment shall be in federal funds transmitted by wire or by
a credit for any shares redeemed.
1.3. The Fund agrees to make Fund shares available for
purchase at the applicable net asset value per share by the Company for their
separate Accounts listed in Schedule I on those days on which the Fund
calculates its net asset value pursuant to rules of the SEC; provided, however,
that the Board of Trustees of the Fund (hereinafter the "Trustees") may refuse
to sell shares of any Portfolio to any person, or suspend or terminate the
offering of shares of any Portfolio if such action is required by law or by
regulatory authorities having jurisdiction or is, in the sole discretion of the
Trustees, acting in good faith and in light of their fiduciary duties under
federal and any applicable state laws. in the best interests of the shareholders
of any Portfolio.
1.4. The Fund agrees to redeem, upon the Company's request,
any full or fractional shares of the Fund held by the Company, executing such
requests on a daily basis at the net asset value next computed after receipt by
the Fund or its designee of the request for redemption. For purposes of this
Section 1.4, the Company shall be the designee of the Fund for receipt of
requests for redemption and receipt by such designee shall constitute receipt by
the Fund; provided that the Fund receives written (or facsimile) notice of such
request for redemption by 9:30 a.m., New York time on the next following
Business Day. Payment shall be made within the time period specified in the
Fund's prospectus or statement of additional information, in federal funds
transmitted by wire to the Company's account as designated by the Company in
writing from time to time.
1.5. The Company shall pay for the Fund shares on the next
Business Day after an order to purchase shares is made in accordance with the
provisions of Section 1.4 hereof. Payment shall be in federal funds transmitted
by wire pursuant to the instructions of the Fund's treasurer or by a credit for
any shares redeemed.
1.6. The Company agrees to purchase and redeem the shares of
the Portfolios named in Schedule 3 offered by the then current prospectus and
statement of additional information of the Fund in
accordance with the provisions of such prospectus and statement of additional
information. The Company shall not permit any person other than a Contract owner
to give instructions to the Company which would require the Company to redeem or
exchange shares of the Fund.
1.7 The Fund shall make the net asset value per share for
each Portfolio available to the Company on a daily basis as soon as reasonably
practical after the net asset value per share is calculated and shall use its
best efforts to make such net asset value per share available by 6:30 p.m.,
Eastern Time, each business day.
1.8 The Fund will provide notice of any error in calculation
of net asset value of each portfolio as soon as reasonably practical after
discovery thereof. Any such notice will state for each day for which an error
occurred, the incorrect price, the correct price and the reason for the price
change. The Fund shall make the Company whole for any adjustments to the number
of shares in the Separate Accounts that are demonstrated to be required as a
result of pricing errors.
1.9 The Fund will at all times invest money from the
Contracts in such a manner as to ensure that the contracts will be treated as
variable contracts under the Internal Revenue Code and the regulations issued
thereunder. Without limiting the scope of the foregoing, the Fund will comply
with Section 817(h) of the Internal Revenue Code and Treasury Regulation
1.817-5, relating to the diversification requirements for variable annuity,
endowment, or life insurance contracts and any amendments or other modifications
to such Section or Regulations in accordance with guidelines provided by the
Company prior to the execution of this Agreement and as necessary thereafter. In
the event of a breach of this Article VI by the Fund, it will take all
reasonable steps (a) to notify the Company of such breach and (b) to adequately
diversify the Fund so as to achieve compliance with the grace period afforded by
Treasury Regulation 1.817-5.
ARTICLE II. Sales Material. Prospectuses and Other Reports
2.1. The Company shall furnish, or shall cause to be
furnished, to the Fund or its designee, each piece of sales literature or other
promotional material in which the Fund or the Adviser is named, at least ten
Business Days prior to its use. No such material shall be used if the Fund or
its designee reasonably object to such use within ten Business Days after
receipt of such material: "Business Day" shall mean any day in which the New
York Stock Exchange is open for trading and in which the Fund calculates its net
asset value pursuant to the rules of the Securities and Exchange Commission.
2.2. The Company shall not give any information or make any
representations or statements on behalf of the Fund or concerning the Fund in
connection with the sale of the Contracts other than the information or
representations contained in the registration statement or prospectus for the
Fund shares, as such registration statement and prospectus may be amended or
supplemented from time to time, or in reports or proxy statements for the Fund,
or in sale literature or other promotional material approved by the Fund or its
designee, except with the permission of the Fund.
2.3. For purposes of this Article II, the phrase "sales
literature or other promotional material" means advertisements (such as material
published, or designed for use in, a newspaper, magazine, or other periodical,
radio, television, telephone or tape recording, videotape display, signs or
billboard or electronic media), and sales literature (such as brochures,
circulars, market letters and form letters), distributed or made generally
available to customers or the public.
2.4. The Fund shall provide a copy of its cunoent prospectus
for the portfolios named in Schedule 3 within a reasonable period of its filing
date, and provide other assistance as is reasonably necessary in order for the
Company once each year (or more frequently if the prospectus for the Fund is
supplemented or
amended) to have the prospectus for the Contracts and the Fund's prospectus
printed together in one document (such printing to be at the Company's expense).
The Adviser shall be permitted to review and approve the typeset form of the
Fund's Prospectus prior to such printing.
2.5. The Fund or the Adviser shall provide the Company
with either: (i) a copy of the Fund's proxy material, reports to shareholders,
other information relating to the Fund necessary to prepare financial reports,
and other communications to shareholders for printing and distribution to
Contract owners at the Company's expense, or (ii) camera ready and/or printed
copies, if appropriate, of such material for distribution to Contract owners at
the Company's expense, within a reasonable period of the filing date for
definitive copies of such material. The Adviser shall be permitted to review and
approve the typeset form of such proxy material and shareholder reports prior to
such printing provided such materials have been provided within a reasonable
period.
ARTICLE III. Fees and Expenses
3.1. The F and and Adviser shall pay no fee or other
compensation to the Company under this agreement, and the Company shall pay no
fee or other compensation to the Fund or Adviser, except as provided herein.
3.2. If the Fund or the Adviser elects to have the
Company withdraw the Account's investment in the Fund for reasons other than the
existence of a material irreconcilable conflict between the interests of the
Contract owners of all separate accounts investing in the Fund, then the Fund or
the Advisor shall pay the Company's out of pocket costs of obtaining a
substitution order. If the Company discontinues offering any of the Portfolios
to prospective purchasers of new Contracts, the Company may elect to continue to
make available additional shares of such Portfolios for all Contracts in effect,
unless the Fund or Advisor should elect to have the Account's investment in such
Portfolio in accordance with the foregoing. All other expenses incident to
performance by each party of its respective duties under this Agreement shall be
paid by that party. The Fund shall see to it that all its shares are registered
and authorized for issuance in accordance with applicable federal law and, if
and to the extent advisable by the Fund, in accordance with applicable state
laws prior to their sale. The Fund shall bear the expenses for the cost of
registration and qualification of the Fund's shares. preparation and filing of
the Fund's prospectus and registration statement, proxy materials and reports,
and the preparation of all statements and notices required by any federal or
state law.
3.3. The Fund shall bear the expenses of typesetting,
printing and distributing the Fund's prospectus, proxy materials and reports to
owners of Contracts issued by the Company. The form of the Fund's prospectus
and/or statement of additional information provided to the Company shall be the
final form of prospectus and statement of additional information as filed with
the Securities and Exchange Commission which form shall include only those
Portfolios of the Fund identified in Schedule 1.
3.4. In the event the Fund adds one or more additional
Portfolios and the parties desire to make such Portfolios available to the
respective Contract owners as an underlying investment medium, a new Schedule 3
or an amendment to this Agreement shall be executed by the parties authorizing
the issuance of shares of the new Portfolios to the particular Account. The
amendment may also provide for the sharing of expenses for the establishment of
new Portfolios among Participating Insurance Companies desiring to invest in
such Portfolios and the provision of funds as the initial investment in the new
Portfolios.
ARTICLE IV. Potential Conflicts
4.1. The Board of Trustees of the Fund (the "Board") will
monitor the Fund for the existence of any material irreconcilable conflict
between the interests of the Contract owners of all separate accounts investing
in the Fund. An irreconcilable material conflict may arise for a variety of
reasons. including: (a) an action by any state insurance regulatory authority;
(b) a change in applicable federal or state insurance, tax, or securities laws
or regulations, or a public ruling, private letter ruling, noaction or
interpretative letter, or any similar action by insurance, tax, or securities
regulatory authorities; (c) an administrative or judicial decision in any
relevant proceeding; (d) the manner in which the investments of any Portfolio
are being managed; (e) a difference in voting instructions given by variable
annuity contract and variable life insurance contract owners; or (f) a decision
by an insurer to disregard the voting instructions of Contract owners. The Board
shall promptly inform the Company if it determines that an irreconcilable
material conflict exists and the implications thereof.
4.2. The Company has reviewed a copy of the Mixed and
Shared Funding Exemptive order, and in particular, has reviewed the conditions
to the requested relief set forth therein. The Company agrees to be bound by the
responsibilities of a participating insurance company as set forth in the Mixed
and Shared Funding Exemptive Order, including without limitation the requirement
that the Company report any potential or existing conflicts of which it is aware
to the Board. The Company will assist the Board in carrying out its
responsibilities in monitoring such conflicts under the Mixed and Shared Funding
Exemptive Order, by providing the Board in a timely manner with all information
reasonably necessary for the Board to consider any issues raised. This includes,
but is not limited to, an obligation by the Company to inform the Board whenever
Contract owner voting instructions are disregarded and by confirming in writing.
at the Fund's request, that the Company are unaware of any such potential or
existing material irreconcilable conflicts.
4.3. If it is determined by a majority of the Board, or a
majority of its disinterested Trustees. that a material irreconcilable conflict
exists. the Company shall, at their expense and to the extent reasonably
practicable (as determined by a majority of the disinterested trustees), take
whatever steps are necessary to remedy or eliminate the irreconcilable material
conflict, up to an including: (1) withdrawing the assets allocable to some or
all of the separate accounts from the Fund or any Portfolio and reinvesting such
assets in a different investment medium. including (but not limited to) another
Portfolio of the Fund, or submitting the question whether such segregation
should be implemented to a vote of all affected Contract owners and, as
appropriate, segregating the assets of any appropriate group i.e., annuity
contract owners, life insurance contract owners, or variable contract owners of
one or more Participating Insurance Company) that votes in favor of such
segregation, or offering to the affected Contract owners the option of making
such a change; and (2) establishing a new registered management investment
company or managed separate account.
4.4. If a material irreconcilable conflict arises because
of a decision by the Company to disregard Contract owner voting instructions and
that decision represents a minority position or would preclude a majority vote,
the Company may be required, at the Fund's election, to withdraw the Account's
investment in the Fund and terminate this Agreement; provided, however, that
such withdrawal and termination shall be limited to the extent required by the
foregoing material irreconcilable conflict as determined by a majority of the
disinterested members of the Board. Any such withdrawal and termination must
take place within six (6) months after the Fund gives written notice that this
provision is being implemented, and until the end of the six month period the
Fund shall continue to accept and implement orders by the Company for the
purchase and redemption of shares of the Fund.
4.5. If a material irreconcilable conflict arises because a
particular state insurance regulator's decision applicable to the Company
conflicts with the majority of other state regulators, then the Company will
withdraw the Account's investment in the Fund and terminate this Agreement
within six months after the Board informs the Company in writing that it has
determined that such decision has created an irreconcilable material conflict;
provided, however, that such withdrawal and termination shall be limited to the
extent required by the foregoing material irreconcilable conflict as determined
by a majority of the disinterested members of the Board. Until the end of the
foregoing six month period. the Fund shall continue to accept and implement
orders by the Company for the purchase and redemption of shares of the Fund.
subject to applicable regulatory limitation.
4.6. For purposes of Sections 4.3 through 4.6 of this
Agreement, a majority of the disinterested members of the Board shall determine
whether any proposed action adequately remedies any irreconcilable material
conflict, but in no event will the Fund be required to establish a new funding
medium for the Contracts. The Company shall not be required by Section 4.3 to
establish a new funding medium for Contracts if an offer to do so has been
declined by vote of a majority of Contract owners materially adversely affected
by the irreconcilable material conflict. In the event that the Board determines
that any proposed action does not adequately remedy any irreconcilable material
conflict, then the Company will withdraw the particular Account's investment in
the Fund and terminate this Agreement within six (6) months after the Board
informs the Company in writing of the foregoing determination, provided,
however, that such withdrawal and termination shall be limited to the extent
required by any such material irreconcilable conflict as determined by a
majority of the disinterested members of the Board.
ARTICLE V. Applicable Law
5.1. This Agreement shall be construed and the provisions
hereof interpreted under and in accordance with the laws of the State of New
York.
5.2. This Agreement shall be subject to the provisions of the
1933,1934 and 1940 Acts. and the rules and regulations and rulings thereunder,
including such exemptions from those statutes. rules and regulations as the
Securities and Exchange Commission may grant (including, but not limited to, the
Mixed and Shared Funding Exemptive Order) and the terms hereof shall be
interpreted and construed in accordance therewith.
ARTICLE VI. Termination
6.1 This Agreement shall terminate with respect to some or all
Portfolios: (a) at the option of any party upon six month's advance written
notice to the other parties; (b) at the option of the Company to the extent that
shares of Portfolios are not reasonably available to meet the requirements of
its Contracts or are not appropriate funding vehicles for the Contracts, as
determined by the Company reasonably and in good faith. Prompt notice of the
election to terminate for such cause and an explanation of such cause shall be
furnished by the Company; or ( c) as provided in Article IV
6.2. It is understood and agreed that the right of any party
hereto to terminate this Agreement pursuant to Section 6.1 (a) may be exercised
for cause or for no cause.
ARTICLE VII. Notices
Any notice shall be sufficiently given when sent by registered
or certified mail to the other party at the address of such party set forth
below or at such other address as such party may from time to time specify to
the other party.
If to the Fund:
Xxxxxxxxxxx Variable Account Funds
c/o OppenheimerFunds, Inc.
000 0xx Xxxxxx, 00'x Xxxxx
Xxx Xxxx, XX 00000
Attn: Legal Department
If to the Adviser:
OppenheimerFunds. Inc. 000
0'x Xxxxxx, 00'0' Xxxxx Xxx
Xxxx, XX 00000 Xxx: General
Counsel
If to the Company:
Ameritas Variable Life Insurance Company 0000
"0" Xxxxxx
Xxxxxxx, XX 00000
Attn: General Counsel
ARTICLE VIII. Miscellaneous
8.1. Subject to the requirements of legal process and
regulatory authority, each party hereto shall treat as confidential the names
and addresses of the owners of the Contracts and all information reasonably
identified as confidential in writing by any other party hereto and, except as
permitted by this Agreement, shall not disclose, disseminate or utilize such
names and addresses and other confidential information without the express
written consent of the affected party until such time as it may come into the
public domain.
8.2. The captions in this Agreement are included for
convenience of reference only and in no way define or delineate any of the
provisions hereof or otherwise affect their construction or effect.
8.3. This Agreement may be executed simultaneously in
two or more counterparts, each of which taken together shall constitute one and
the same instrument.
8.4. If any provision of this Agreement shall be held or
made invalid by a court decision, statute, rule or otherwise, the remainder of
the Agreement shall not be affected thereby.
8.5. Each party hereto shall cooperate with, and promptly
notify each other party and all appropriate governmental authorities (including
without limitation the Securities and Exchange Commission, the NASD and state
insurance regulators) and shall permit such authorities reasonable access to its
books and records in connection with any investigation or inquiry relating to
this Agreement or the transactions contemplated hereby.
8.6. The rights. remedies and obligations contained in this
Agreement are cumulative and are in addition to any and all rights. remedies and
obligations, at law or in equity, which the parties hereto are entitled to under
state and federal laws.
8.7. It is understood by the parties that this Agreement
is not an exclusive arrangement in
any respect.
8.8. The Company and the Adviser each understand and agree
that the obligations of the Fund
under this Agreement are not binding upon any shareholder of the Fund
personally, but bind only the Fund and the Fund's property; the Company and the
Adviser each represent that it has notice of the provisions of the Declaration
of Trust of the Fund disclaiming shareholder liability for acts or obligations
of the Fund.
8.9. This Agreement shall not be assigned by any party
hereto without the prior written
consent of all the parties.
8.10. This Agreement sets forth the entire agreement between
the parties and supercedes all prior communications. agreements and
understandings, oral or written. between the parties regarding the subject
matter hereof.
IN WITNESS WHEREOF, each of the parties hereto has caused this
Agreement to be executed in its name and on its behalf by its duly authorized
representative and its seal to be hereunder affixed as of the date specified
below.
AMERITAS VARIABLE LIFE INSURANCE COMPANY
By: /s/ Xxxxxx X. X'Xxxxx
Xxxxxx X. X'Xxxxx
Title: Assistant Vice President
Date: 10-11-2002
By: /s/ Xxxxx X. Xxxxxxx
Xxxxx X. Xxxxxxx
Title: Assistant Secretary
Date: 10/15/02
OPPENHEIMERFUNDS, INC.
By: /s/ Xxxxx X. Xxxxxxx
Xxxxx X. Xxxxxxx
Title: Vcie President
Date: 10/15/02
SCHEDULE I
Ameritas Variable Separate Account VL ("Separate Account VL")
Ameritas Variable Separate Account VA ("Separate Account VA")
Variable Contracts:
Allocator 2000
Allocator 2000
Annuity Regent 2000
Executive Select
AVLIC Designer Annuity
SCHEDULE 3
Portfolios of Xxxxxxxxxxx Variable Account Funds:
Xxxxxxxxxxx Capital Appreciation Fund/VA non-service shares
Xxxxxxxxxxx Aggressive Growth Fund/VA non-services shares
Xxxxxxxxxxx Main Street Growth & Income FundNA non-service shares
Xxxxxxxxxxx High Income FundNA non-service shares
Xxxxxxxxxxx Strategic Bond FundNA non-service shares