Van Eck Securities Corporation 99 Park Avenue — 8th Floor New York, NY 10016 212-687-5200 — Toll Free (800) 221-2220 SUPPLEMENTAL AGREEMENT TO PARTICIPATION AGREEMENT Related to Van Eck Worldwide Insurance Trust
EXHIBIT 8(l)(iv)
Xxx Xxx Securities Corporation
00 Xxxx Xxxxxx — 0xx Xxxxx
Xxx Xxxx, XX 00000
000-000-0000 — Toll Free (000) 000-0000
00 Xxxx Xxxxxx — 0xx Xxxxx
Xxx Xxxx, XX 00000
000-000-0000 — Toll Free (000) 000-0000
Related to Van Eck Worldwide Insurance Trust
Indianapolis Life Insurance Company
Legal Department
000 0xx Xxxxxx
Xxx Xxxxxx Xxxx
00000
Legal Department
000 0xx Xxxxxx
Xxx Xxxxxx Xxxx
00000
We are providing Indianapolis Life Insurance Company (“you”) with this SUPPLEMENTAL AGREEMENT
dated November 7, 2005 (“Supplemental Agreement”) to the Participation Agreement among Xxx Xxx
Worldwide Insurance Trust (“Fund”), Xxx Xxx Securities Corporation (“Underwriter”), Xxx Xxx
Associates Corporation (“Adviser”) and you (“Participation Agreement”).
WHEREAS, in consideration for your continued ability to purchase shares of portfolios of Xxx
Xxx Worldwide Insurance Trust (collectively, “Portfolios”) as an investment vehicle for your
segregated asset accounts established for variable life insurance policies and variable annuity
contracts as provided for by the Participation Agreement, as it may be amended from time to time,
you agree to the following supplemental terms.
Supplemental Agreements
1. In addition to the representations and warranties made by you in the Participation
Agreement, you agree to: (a) comply with all applicable compensation disclosure requirements
imposed on you by law, regulation or rule of a self-regulatory organization, including revenue
sharing disclosure, (b) comply with all suitability requirements applicable under state or federal
law, regulation or rule of a self-regulatory organization (c) not permit any orders for purchase,
sale or redemption of Portfolio shares to be received by you after the time of computation as
stated in the applicable Portfolio’s prospectus and Statement of Additional Information (“Offering
Documents”) (currently, the close of regular trading on the New York Stock Exchange, which is
normally 4:00 p.m. (Eastern Time) on a business day of the Portfolio), (d) cooperate with the Fund
in identifying and restricting any abusive short-term or frequent trading in Portfolio shares, (e)
implement measures reasonably designed to protect the privacy and safeguard the personal
information of all beneficial owners of Portfolio shares, including compliance with all applicable
law, rule and regulation applicable to the privacy and safeguarding of information of Fund
shareholders and their accounts.
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2. You agree to comply, voluntarily or by operation of law or regulation, with the provisions
of the Bank Secrecy Act, as amended, other relevant anti-money laundering law and any regulations,
rules or interpretations thereunder, including without limitation those applicable to customer
identification programs, the filing of suspicious activity reports and the adoption and maintenance
of an anti-money laundering program. In addition, you will comply with all requirements to verify
whether your customers may not purchase Fund shares by reason of being a person, country or other
entity forbidden to do so by the Office of Foreign Assets Control of the U.S. Department of
Treasury or any similar list maintained by the United States government or its agencies or
instrumentalities or any applicable self-regulatory organization. Upon request of one of the other
parties to this Participation Agreement, you will provide a certification of your compliance with
this paragraph that is satisfactory to the requesting party.
3. The indemnification provisions of the Participation Agreement are fully incorporated into
this Supplemental Agreement and fully apply to the provisions of this Supplemental Agreement. Such
indemnification provisions shall survive any termination of this Supplemental Agreement.
4. To the extent that any term(s) of this Supplemental Agreement is inconsistent with the
Offering Documents, the Offering Documents shall be controlling. To the extent that any term(s) of
this Supplemental Agreement is inconsistent with any term(s) of the Participation Agreement, this
Supplemental Agreement shall be controlling, except to the extent this Supplemental Agreement
expressly provides otherwise.
IN WITNESS WHEREOF, this Supplemental Agreement has been acknowledged and executed as of the
date set forth below by a duly authorized officer of the entity named below.
Indianapolis Life Insurance Company
By:
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/s/ Xxxxxx Xxxxxx | |||
Name of Authorized Signatory: | ||||
Assistant Secretary | ||||
Title: | ||||
Dated: December 2, 2005 |
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