AMENDMENT NO. 4 TO FUND PARTICIPATION AGREEMENT Among VAN ECK WORLDWIDE INSURANCE TRUST, VAN ECK ASSOCIATES CORPORATION and AVIVA LIFE AND ANNUITY COMPANY (Successor in Interest to Indianapolis Life Insurance Company)
EXHIBIT 8(1)(v)
AMENDMENT NO. 4 TO FUND PARTICIPATION AGREEMENT
Among
XXX XXX WORLDWIDE INSURANCE TRUST,
XXX XXX ASSOCIATES CORPORATION
and
AVIVA LIFE AND ANNUITY COMPANY
(Successor in Interest to Indianapolis Life Insurance Company)
(Successor in Interest to Indianapolis Life Insurance Company)
AVIVA LIFE AND ANNUITY COMPANY (successor in interest to Indianapolis Life Insurance Company),
XXX XXX WORLDWIDE INSURANCE TRUST and the Trust’s investment adviser, XXX XXX ASSOCIATES
CORPORATION, hereby agree to further amend the Fund Participation Agreement that was dated
September 5, 1995, effective as of October 1, 2008:
Whereas, the Agreement was amended by Amendment No. 3 to Fund Participation Agreement,
effective as of June 30, 2003, to substitute Indianapolis Life Insurance Company (“ILICO”) for IL
Annuity and Insurance Company as a result of the merger of IL Annuity and Insurance Company into
ILICO that was effective on June 30, 2003;
Whereas, in connection with the merger of IL Annuity and Insurance Company into ILICO, the
separate account serving as an investment vehicle for individual deferred variable annuity
contracts issued by IL Annuity and Insurance Company changed its name from IL Annuity and Insurance
Co. Separate Account 1 to ILICO Separate Account 1 and became subject to the laws of the State of
Indiana;
Whereas, Indianapolis Life Insurance Company will merge with and into Aviva Life and Annuity
Company (“ALAC”) effective October 1, 2008, with ALAC as the surviving corporate entity; and
Whereas, in connection with the merger of ILICO into ALAC, ILICO Separate Account 1 will
change its name to ALAC Separate Account 1 and become subject to the laws of the State of Iowa;
Now, therefore, the Agreement as previously amended is hereby further amended by ALAC, Xxx Xxx
Worldwide Insurance Trust and Xxx Xxx Associates Corporation as follows:
1. All references to Indianapolis Life Insurance Company are hereby changed to “Aviva Life and
Annuity Company” to reflect the statutory merger of Indianapolis Life Insurance Company with and
into Aviva Life and Annuity Company.
2. All references to ILICO Separate Account 1 are hereby changed to “ALAC Separate Account 1” to
reflect the name change of the separate account in connection with the merger of ILICO with and
into ALAC.
3. Section 25 is hereby deleted in its entirety and replaced with the following Section 25:
25. | Each notice required by this Agreement shall be given by wire and confirmed in writing to: |
President
Aviva Life and Annuity Company
000 Xxxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxxxx, XX 00000
Aviva Life and Annuity Company
000 Xxxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxxxx, XX 00000
and
Ameritas Life Insurance Corp.
0000 X Xxxxxx
Xxxxxxx, Xxxxxxxx 00000
Attn: Xxxxx Xxxxxx
0000 X Xxxxxx
Xxxxxxx, Xxxxxxxx 00000
Attn: Xxxxx Xxxxxx
Xxx Xxx Worldwide Insurance Trust
00 Xxxx Xxxxxx, 0xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: President
00 Xxxx Xxxxxx, 0xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: President
Xxx Xxx Associates Corporation
00 Xxxx Xxxxxx, 0xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: General Counsel
00 Xxxx Xxxxxx, 0xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: General Counsel
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IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to the Participation
Agreement to be executed in its name and on its behalf by its duly authorized representative as of
8/27, 2008.
AVIVA LIFE AND ANNUITY COMPANY |
||||
By: | /s/ Xxxxxxx X. Xxxxxx | |||
Name: | Xxxxxxx X. Xxxxxx | |||
8/27/08 | Title: | Secretary | ||
Date | ||||
XXX XXX WORLDWIDE INSURANCE TRUST |
||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Name: | Xxxxx X. Xxxxxxx | |||
8/27/08 | Title: | President | ||
Date | ||||
XXX XXX ASSOCIATES CORPORATION |
||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Name: | Xxxxx X. Xxxxxxx | |||
8/27/08 | Title: | President | ||
Date | ||||
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