Exhibit 99.(h)(4)(a)
AMENDMENT NO. 1 TO SHAREHOLDER SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO SHAREHOLDER SERVICES AGREEMENT ("Amendment")
effective as of April 1, 2004, by and between EQUITRUST LIFE INSURANCE COMPANY
(the "Company") and AMERICAN CENTURY INVESTMENT SERVICES, INC. ("Distributor").
Capitalized terms not otherwise defined herein shall have the meaning ascribed
to them in the Agreement (defined below).
RECITALS
WHEREAS, the Company and Distributor are parties to a certain Shareholder
Services Agreement dated September 26, 2001 (the "Agreement"), in which the
Company offers to the public certain variable annuity contracts and variable
life insurance contracts (the "Contracts");
WHEREAS, the parties have agreed to revise the method in which payments to
the Company are calculated;
WHEREAS, the parties now desire to further modify the Agreement as provided
herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein,
the parties hereto agree as follows:
1. COMPENSATION AND EXPENSES. Section 2(c) is hereby deleted in its
entirety and the following paragraph is substituted in lieu thereof:
"(c) For purposes of computing the payment to the Company
contemplated by this SECTION 2, the average aggregate amount invested
by the Company on behalf of the Accounts in the Funds over a one month
period shall be computed by totaling the Company's aggregate
investment (share net asset value multiplied by total number of shares
of the Funds held by the Company) on each calendar day during the
month and dividing by the total number of calendar days during such
month."
2. RATIFICATION AND CONFIRMATION OF AGREEMENT. In the event of a conflict
between the terms of this Amendment and the Agreement, it is the intention of
the parties that the terms of this Amendment shall control and the Agreement
shall be interpreted on that basis. To the extent the provisions of the
Agreement have not been amended by this Amendment, the parties hereby confirm
and ratify the Agreement.
3. COUNTERPARTS. This Amendment may be executed in two or more
counterparts, each of which shall be an original and all of which together shall
constitute one instrument.
4. FULL FORCE AND EFFECT. Except as expressly supplemented, amended or
consented to hereby, all of the representations, warranties, terms, covenants
and conditions of the Agreement shall remain unamended and shall continue to be
in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 1 as
of the date first above written.
EQUITRUST LIFE AMERICAN CENTURY
INSURANCE COMPANY INVESTMENT SERVICES, INC.
By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxx
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Name: Xxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxx
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Title: Vice President - Investment Administration Title: President
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