AMENDMENT NO. 23 TO PARTICIPATION AGREEMENT BETWEEN AEGON/TRANSAMERICA SERIES FUND, INC. AND WESTERN RESERVE LIFE ASSURANCE CO. OF OHIO,
Exhibit 27(h)(x)
Amendment No. 23 to Participation Agreement Between
AEGON/Transamerica Series Fund, Inc. and Western Reserve
dated May 1, 2004
AMENDMENT NO. 23 TO
BETWEEN
AEGON/TRANSAMERICA SERIES FUND, INC. AND
WESTERN RESERVE LIFE ASSURANCE CO. OF OHIO,
Amendment No. 23 to the Participation Agreement (“Agreement”), dated February 27, 1991, as amended, between AEGON/Transamerica Series Fund, Inc. (the “Fund”) and Western Reserve Life Assurance Co. of Ohio (“WRL”).
WHEREAS, WRL has registered or will register the WRL Freedom Multiple variable annuity contract (the “Contract”) under the Securities Act of 1933; and
WHEREAS, WRL will offer, through its Separate Account VA V, the WRL Freedom Multiple variable annuity contract; and
WHEREAS, to the extent permitted by applicable insurance law and regulation, WRL intends to purchase shares in one or more of the Portfolios of the Fund to fund the Contract, as specified in Schedule B attached to the Agreement, as such Schedule B is amended by this Amendment No. 23, and as Schedule B may be amended from time to time; and
WHEREAS, the Fund’s Board of Directors approved resolutions for the following changes to go into effect April 30, 2004: a name change of the following portfolios: Dreyfus Mid Cap to X.X. Xxxxxx Mid Cap Value and PBHG/NWQ Value Select to Mercury Large Cap Value; restructuring of the Janus Balanced portfolio to Transamerica Balanced; and the mergers of the following portfolios: Xxxxx Aggressive Growth into Transamerica Equity, LKCM Strategic Total Return into Transamerica Value Balanced, GE U.S. Equity into Great Companies – AmericaSM, PBHG Mid Cap Growth into Transamerica Growth Opportunities, and Xxxxxxxxx Great Companies Global into Janus Global and then a name change of Janus Global to Xxxxxxxxx Great Companies Global; and
WHEREAS, the Fund intends to sell shares of the Portfolio(s) to the Contract at net asset value; and
NOW, THEREFORE, IT IS HEREBY AGREED that WRL, through its Separate Account VA V, is authorized to acquire shares issued by the Fund, subject to the terms and conditions of the Participation Agreement, and that Schedule B to the Participation Agreement is hereby amended to add the WRL Freedom Multiple variable annuity contract to the list of “Policies”. It is also hereby agreed that Schedule A to this Agreement will be amended to reflect the various name changes to certain portfolios due to the mergers listed above.
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be executed in its name and on its behalf by its duly authorized representative, effective as of May 1, 2004.
| WESTERN RESERVE LIFE ASSURANCE OF OHIO By its authorized officer, |
AEGON/TRANSAMERICA SERIES CO. FUND, INC. By its authorized officer, | |||||||
| By: | /s/ XXXXXXXXX X. XXXXXXX | By: | /s/ XXXX X. XXXXXX | |||||
| Title: |
Xxxxxxxxx X. Xxxxxxx Assistant Vice President and Assistant Secretary |
Title: |
Xxxx X. Xxxxxx Vice President, Secretary and General Counsel | |||||
AMENDED
SCHEDULE B
Effective May 1, 2004
Account(s), Policy(ies) and Portfolio(s) Subject
to the Participation Agreement
| Accounts: | WRL Series Life Account | |||
| WRL Series Annuity Account | ||||
| Separate Account VA U | ||||
| Separate Account VA V | ||||
| Policies: | The Equity Protector | |||
| WRL Freedom Equity Protector | ||||
| WRL Freedom SP Plus | ||||
| WRL Freedom Variable Annuity | ||||
| WRL Freedom Attainer Variable Annuity | ||||
| WRL Freedom Bellwether Variable Annuity | ||||
| WRL Freedom Conqueror Variable Annuity | ||||
| WRL Freedom Wealth Protector | ||||
| C.A.S.E. Reserve Variable Annuity | ||||
| Meridian Sector Variable Annuity | ||||
| WRL Freedom Wealth Creator Variable Annuity | ||||
| WRL Financial Freedom Builder | ||||
| WRL Freedom Elite | ||||
| WRL Freedom Premier Variable Annuity | ||||
| WRL Freedom Access Variable Annuity | ||||
| WRL Freedom Enhancer Variable Annuity | ||||
| WRL Freedom Select Variable Annuity | ||||
| WRL Freedom Elite Builder | ||||
| WRL Freedom Elite Advisor | ||||
| WRL Freedom Premier II | ||||
| WRL Freedom Access II | ||||
| WRL Freedom Enhancer II | ||||
| WRL Freedom Premier III | ||||
| WRL Xcelerator | ||||
| WRL Freedom Elite Builder II | ||||
| WRL Freedom Multiple | ||||
| Portfolios: | AEGON/Transamerica Series Fund, Inc. – each Portfolio has an Initial Class and a Service Class of Shares | |||
| AEGON Bond | ||||
| Asset Allocation – Conservative Portfolio | ||||
| Asset Allocation – Growth Portfolio | ||||
| Asset Allocation – Moderate Portfolio | ||||
| Asset Allocation – Moderate Growth Portfolio | ||||
| American Century International | ||||
| American Century Income & Growth | ||||
| Capital Guardian U.S. Equity | ||||
| Capital Guardian Value | ||||
| Clarion Real Estate Securities | ||||
| Dreyfus Small Cap Value | ||||
| Federated Growth & Income | ||||
| Great Companies – America sm | ||||
| Great Companies – Technology sm | ||||
| X.X. Xxxxxx Enhanced Index | ||||
| X.X. Xxxxxx Mid Cap Value | ||||
| AMENDED SCHEDULE B (continued) | ||||
| Portfolios: | Janus Growth | |||
| Xxxxxxx Growth | ||||
| Mercury Large Cap Value | ||||
| MFS High Yield | ||||
| Munder Net50 | ||||
| PIMCO Total Return | ||||
| Salomon All Cap | ||||
| Xxxxxxxxx Great Companies Global | ||||
| X. Xxxx Price Equity Income | ||||
| X. Xxxx Price Small Cap | ||||
| Third Avenue Value | ||||
| Transamerica Balanced | ||||
| Transamerica Equity | ||||
| Transamerica Convertible Securities | ||||
| Transamerica Growth Opportunities | ||||
| Transamerica Money Market | ||||
| Transamerica U.S. Government Securities | ||||
| Transamerica Value Balanced | ||||
| Xxx Xxxxxx Emerging Growth | ||||
