EX-99.B(e)tgtnwpart
Fund Participation Agreement
This Fund Participation Agreement ("Agreement"), dated as of the 1st day
of December, 2000 is made by and between Nationwide Life Insurance
Company and/or Nationwide Life and Annuity Insurance Company (separately
or collectively "Nationwide") on behalf of the Nationwide separate
accounts identified on Exhibit A which is attached hereto and may be
amended from time to time ("Variable Accounts"), and XXXXXXX & XXXX
SERVICES COMPANY ("WRSCO") and XXXXXXX & XXXX, INC. ("W&R, INC.") which
serve respectively as the accounting services/shareholder servicing
agent and the distributor to the W&R TARGET FUNDS, INC. (the "Funds")
listed on Exhibit A. WRSCO and W&R, INC. are collectively referred to
throughout this Agreement as "W&R."
WHEREAS, the Contracts allow for the allocation of net amounts received
by Nationwide to separate sub-accounts of the Variable Accounts for
investment in shares of the Funds and other similar funds as agreed by
W&R and Nationwide; and
WHEREAS, selection of a particular sub-account (corresponding to a
particular Fund) is made by the Contract owner; or, in the case of
certain group Contracts, by participants in various types of retirement
plans which have purchased such group Contracts, and such Contract
owners and/or participants may reallocate their investment options among
the sub-accounts of the Variable Accounts in accordance with the terms
of the Variable Accounts in accordance with the terms of the Contracts;
and
WHEREAS, Nationwide and W&R mutually desire the inclusion of the Funds
as underlying investment media for variable life insurance policies
and/or variable annuity contracts as agreed by W&R and Nationwide
(collectively, the "Contracts") issued by Nationwide;
NOW THEREFORE, Nationwide and W&R, in consideration of the promises and
undertakings described herein, agree as follows:
1. (a) Nationwide represents and warrants that the Variable Accounts
have been established and are in good standing under Ohio Law; and
the Variable Accounts have been registered as unit investment
trusts under the Investment Company Act of 1940, as amended (the
"1940 Act") and will remain so registered, or are exempt from
registration pursuant to section 3(c)(11) of the 1940 Act;
(b) Nationwide represents and warrants that it is an insurance
company duly organized and in good standing under the laws of its
state of incorporation and that it has legally and validly
established each Variable Account and Contract;
(c) Nationwide represents and warrants that the Contracts will be
registered under the Securities Act of 1933, as amended ("1933
Act") unless an exemption from registration is available prior to
any issuance or sale of the Contracts and that the Contracts will
be issued in compliance in all material respects with applicable
federal and state laws.
2. Each party recognizes that the Funds shall be the exclusive
underlying investments for the Contracts developed for exclusive
distribution by W&R. The Funds may be available in other Contracts
upon mutual agreement of Nationwide and W&R.
3. Subject to the terms and conditions of this Agreement, Nationwide
shall be appointed to, and agrees, to act as a limited agent of W&R,
for the sole purpose of receiving instructions for the purchase and
redemption of Fund shares (from Contract owners or participants making
investment allocation decisions under the Contracts) prior to the
close of regular trading each Business Day. "Business Day" shall mean
any day on which the New York Stock Exchange is open for trading and
on which the Funds calculate their net asset value as set forth in the
Funds' most recent Prospectuses and Statements of Additional
Information. Except as particularly stated in this paragraph,
Nationwide shall have no authority to act on behalf of W&R or to incur
any cost or liability on its behalf.
W&R will use its reasonable best efforts to provide closing net asset
value, change in net asset value, dividend or daily accrual rate
information and capital gain information by 6:00 p.m. Eastern Time
each Business Day to Nationwide. Nationwide shall use this data to
calculate unit values. Unit values shall be used to process that same
Business Day's Variable Account transactions. Orders for purchases or
redemptions shall be placed with W&R or its specified agent no later
than 10:00 a.m. of the following Business Day. Orders for shares of
Funds shall be accepted and executed at the time they are received by
W&R and at the net asset value price determined as of the close of
trading on the previous Business Day. The Funds may refuse to sell
shares to any person or may suspend or terminate the offering of its
shares if such action is required by law or by regulatory authorities
having jurisdiction or is, in the sole discretion of the directors of
the Funds, necessary in the best interest of the shareholders of the
Funds. W&R will not accept any order made on a conditional basis or
subject to any delay or contingency. Nationwide shall only place
purchase orders for shares of Funds on behalf of its customers whose
addresses recorded on Nationwide's books are in a state or other
jurisdiction in which the Funds are registered or qualified for sale,
or are exempt from registration or qualification as confirmed in
writing by W&R.
Payment for net purchases shall be wired to a custodial account
designated by W&R and payment for net redemptions will be wired to an
account designated by Nationwide. Dividends and capital gain
distributions shall be reinvested in additional Fund shares at net
asset value. Notwithstanding the above, W&R shall not be held
responsible for providing Nationwide with ex-date net asset value,
change in net asset value, dividend or capital gain information when
the New York Stock Exchange is closed, when an emergency exists making
the valuation of net assets not reasonably practicable, or during any
period when the Securities and Exchange Commission ("SEC") has by
order permitted the suspension of pricing shares for the protection of
shareholders.
Issuance and transfer of Fund shares will be by book entry only. Share
certificates will not be issued to Nationwide for any Variable
Account. Fund shares will be recorded in the appropriate title for
each Variable Account.
Nationwide agrees to provide W&R, upon request, written reports
indicating the number of shareholders that hold interests in the Funds
and such other information (including books and records) that W&R may
reasonably request or as may be necessary or advisable to enable it to
comply with any law, regulation or order.
4. All expenses incident to the performance by W&R and the Funds under
this Agreement shall be paid by W&R and the Funds. W&R shall promptly
provide Nationwide (or its designee), or cause Nationwide (or its
designee) to be provided with, a reasonable quantity of the Funds'
Statements of Additional Information and any supplements, and a
camera-ready copy of the Funds' Prospectus and any Supplements for use
by Nationwide in producing a combined prospectus for each Contract
incorporating both the Contract Prospectus and the Funds' Prospectus.
Costs for production of such documents shall be allocated as set forth
in the Administrative Services Agreement, dated September 1,
2000 by and between Nationwide and Xxxxxxx & Xxxx, Inc.
5. Nationwide and its agents shall make no representations concerning
the Funds or Fund shares except those contained in the Funds' then
current Prospectuses, Statements of Additional Information or other
documents produced by W&R (or an entity on its behalf) which contain
information about the Funds. Nationwide agrees to allow a reasonable
period of time for W&R to review any advertising and sales literature
drafted by Nationwide (or agents on its behalf) with respect to the
Funds prior to submitting such material to any regulator.
6. W&R represents that the Funds are currently qualified as regulated
investment companies under Subchapter M of the Internal Revenue Code
of 1986 (the "Code"), as amended, and that the Funds shall make every
effort to maintain such qualification. W&R shall promptly notify
Nationwide upon having a reasonable basis for believing that the Funds
have ceased to so qualify, or that they may not qualify as such in the
future.
W&R represents that the Funds currently comply with the
diversification requirements pursuant to Section 817(h) of the Code
and Section 1.817-5(b) of the Federal Tax Regulations and that the
Funds will make every effort to maintain the Funds' compliance with
such diversification requirements, unless the Funds are otherwise
exempt from section 817(h) and/or except as otherwise disclosed in the
Funds' prospectus. W&R will notify Nationwide promptly upon having a
reasonable basis for believing that the Funds have ceased to so
qualify, or that the Funds might not so qualify in the future. Unless
otherwise exempt, W&R shall provide to Nationwide a statement
indicating compliance with Section 817(h) and a schedule of investment
holdings, to be received by Nationwide no later than twenty-five (25)
days following the end of each calendar quarter.
Nationwide represents that the Contracts are currently, and at the
time of issuance will be, treated as annuity contracts or life
insurance policies, whichever is appropriate under applicable
provisions of the Code, and that it shall make every effort to
maintain such treatment. Nationwide will promptly notify W&R upon
having a reasonable basis for believing that the Contracts have ceased
to be treated as annuity contracts or life insurance polices, or that
the Contracts may not be so treated in the future.
Unless the Funds are exempt from the requirements of section 817(h),
Nationwide represents that each Variable Account is a "segregated
asset account" and that interests in each Variable Account are offered
exclusively through the purchase of a "variable contract", within the
meaning of such terms pursuant to section 1.817-5(f)(2) of the Federal
Tax Regulations, that it shall make every effort to continue to meet
such definitional requirements, and that it shall notify W&R
immediately upon having a reasonable basis for believing that such
requirements have ceased to be met or that they may not be met in the
future.
7. Within five (5) Business Days after the end of each calendar month,
W&R shall provide Nationwide a monthly statement of account, which
shall confirm all transactions made during that particular month in
the Variable Accounts.
8. (a) The directors of the Funds will monitor the operations of the
Funds for the existence of any material irreconcilable conflict
among the interest of all Contract owners of all separate accounts
investing in the Funds. W&R shall notify Nationwide of the
potential for, or the determination of, such irreconcilable
material conflict. An irreconcilable conflict may arise, among
other things, from (i) an action by any state insurance regulatory
authority; (ii) a change in applicable insurance laws or
regulations; (iii) a tax ruling or provision of the Code or the
regulations thereunder; (iv) any other development relating to the
tax treatment of insurers, contract holders or policy owners or
beneficiaries of variable annuity or variable life insurance
products; (v) the manner in which the investments of the Funds are
managed; (vi) a difference in voting instructions given by variable
annuity contract owners, on the one hand, and variable life
insurance policy owners on the other hand, or by the contract
holders or policy owners of different participating insurance
companies; or (vii) a decision by an insurer to override the voting
instructions of participating contract owners.
(b) Nationwide is responsible for reporting any potential or
existing conflicts to W&R and the Funds. Nationwide will be
responsible for assisting the directors in carrying out their
responsibilities under this provision by providing the directors
with all information reasonably necessary for them to consider the
issues raised. The Funds will also require Xxxxxxx & Xxxx
Investment Management Company ("WRIMCO") (the Funds' investment
adviser) to report to the directors any such conflict that comes to
the attention of WRIMCO.
(c) If a majority of the directors of the Funds or a majority of
the disinterested directors determine that a material
irreconcilable conflict exists involving Nationwide, Nationwide
shall, at its expense and to the extent reasonably practicable (as
determined by a majority of the disinterested directors), take
whatever steps are necessary to eliminate the irreconcilable
material conflict, including, but not limited to, withdrawing the
assets allocable to some or all of the Variable Accounts from the
Funds and reinvesting such assets in a different investment medium,
including another Fund, offering to the affected Contract owners
the option of making such a change or offering a new funding
medium, including a registered investment company.
For purposes of this provision, the directors or the disinterested
directors shall determine whether any proposed action adequately
remedies any irreconcilable material conflict. In the event of a
determination of an irreconcilable material conflict, the directors
shall cause the Funds to take such action, such as establishment of
one or more additional Funds, as they reasonably determine to be in
the interest of all shareholders and Contract owners in view of all
the applicable factors such as the cost, feasibility, tax, regulatory
and other considerations. In no event will the Funds be required by
this provision to establish a new funding medium for any Contract..
Nationwide shall not be required by this provision to establish a new
funding medium for any Contract if an offer to do so has been declined
by a vote of a majority of the Contract owners materially adversely
affected by the material irreconcilable conflict. Nationwide will
decline an offer to establish a new funding medium only if Nationwide
believes it is in the best interest of its Contract owners.
9. This Agreement shall terminate as to the sale and issuance of new
Contracts:
(a) at the option of Nationwide or W&R upon at least 60 days advance
written notice to the other;
(b) in the event of termination of the General Agency Agreement
between Xxxxxxx & Xxxx, Inc. and Nationwide;
(c) at any time, upon W&R's election, if the Funds determine that
liquidation of the Funds is in the best interest of the Funds and
their beneficial owners. Reasonable advance notice of election to
liquidate shall be furnished by W&R to permit the
substitution of Fund shares with the shares of another investment
company pursuant to SEC regulation;
(d) if the Contracts are not treated as annuity contracts or life
insurance policies by the applicable regulators or under applicable
rules or regulations;
(e) if the Variable Accounts are not deemed "segregated asset
accounts" by the applicable regulators or under applicable rules or
regulations;
(f) at the option of Nationwide, if Fund shares are not available for
any reason to meet the requirements of Contracts as determined by
Nationwide. Reasonable advance notice of election to terminate (and
time to cure) shall be furnished by Nationwide;
(g) at the option of Nationwide or W&R, upon institution of relevant
formal proceedings against the broker-dealer(s) marketing the
Contracts, the Variable Accounts, Nationwide or the Funds by the
NASD, IRS, the Department of Labor, the SEC, state insurance
departments or any other regulatory body, the expected or
anticipated outcome of which would, in the reasonable judgment of
the terminating party, materially impair the other party's ability
to meet and perform its obligations under this Agreement. Prompt
notice of an election to terminate under this provision shall be
furnished by the terminating party and shall be effective upon
receipt;
(h) upon a decision by Nationwide, in accordance with regulations of
the SEC, to substitute such Fund shares with the shares of another
investment company for Contracts for which the Fund shares have
been selected to serve as the underlying investment medium,
provided, however, that Nationwide shall not take any action to
remove the Funds as the underlying investment medium for the
Contracts developed for exclusive distribution by W&R. Nationwide
shall give at least 60 days written notice to the Funds and W&R of
any proposal to substitute Fund shares;
(i) upon assignment of this Agreement unless such assignment is made
with the written consent of each other party; and
(j) in the event Fund shares are not registered, issued or sold
pursuant to Federal law, or such law precludes the use of Fund
shares as an underlying investment medium of Contracts issued or to
be issued by Nationwide. Prompt written notice shall be given by
either party to the other in the event the conditions of this
provision occur.
10. Each notice required by this Agreement shall be given orally and
confirmed in writing to:
Nationwide Life Insurance Company
Nationwide Life and Annuity Insurance Company
Xxx Xxxxxxxxxx Xxxxx 0-00-X0
Xxxxxxxx, Xxxx 00000
Attention: Compliance Officer
Xxxxxxx & Xxxx, Inc.
Xxxxxxx & Xxxx Services Company
0000 Xxxxx Xxxxxx
Xxxxxxxx Xxxx, XX 00000
Attention: Legal Department
W&R Target Funds, Inc.
0000 Xxxxx Xxxxxx
Xxxxxxxx Xxxx, XX 00000
Attention: Treasurer
With a copy to:
Nationwide Life Insurance Company
Nationwide Life and Annuity Insurance Company
Xxx Xxxxxxxxxx Xxxxx 0-00-X0
Xxxxxxxx, Xxxx 00000
Attention: Director - Securities
W&R Target Funds, Inc.
0000 Xxxxx Xxxxxx
Xxxxxxxx Xxxx, XX 00000
Attention: Secretary
Any party may change its address by notifying the other party(ies) in
writing.
11. So long as and to the extent that the SEC continues to interpret
the 1940 Act to require pass-through voting privileges for variable
contract owners, Nationwide shall distribute all proxy material
furnished by W&R (provided that such material is received by
Nationwide at least 10 business days prior to the date scheduled for
mailing to Contract owners) and shall vote Fund shares in accordance
with instructions received from the Contract owners who have such
interests in such Fund shares. Nationwide shall vote the Fund shares
for which no instructions have been received in the same proportion as
Fund shares for which said instructions have been received from
Contract owners, provided that such proportional voting is not
prohibited by the Contract owner's related plan or trust document.
Nationwide and its agents will in no way recommend action in
connection with or oppose or interfere with the solicitation of
proxies for the Fund shares held for the benefit of such Contract
owners.
12. (a) Nationwide agrees to reimburse and/or indemnify and hold
harmless W&R, the Funds, and each of their directors, officers,
employees, agents and each person, if any, who controls or is
controlled by W&R within the meaning of the Securities Act of 1933
(the "1933 Act") (collectively, "Affiliated Party") against any
losses, claims, damages or liabilities ("Losses") to which W&R or
any such Affiliated Party may become subject, under the 1933 Act or
otherwise, insofar as such Losses (or actions in respect thereof)
arise out of or are based upon, but not limited to:
(i) any untrue statement or alleged untrue statement of any
material fact contained in information furnished by Nationwide;
(ii) the omission or the alleged omission to state in the
Registration Statements or Prospectuses of the Variable Accounts,
or Contract, or in any sales literature generated or approved by
Nationwide on behalf of the Variable Accounts or Contracts, a
material fact required to be stated therein or necessary to make
the statements therein not misleading;
(iii) conduct, statements or representations of Nationwide or its
agents, with respect to the sale and distribution of Contracts
for which Fund shares are an underlying investment;
(iv) the failure of Nationwide to provide the services and furnish
the materials under the terms of this Agreement;
(v) a breach of this Agreement or of any of the representations
contained herein; or
(vi) any failure to register the Contracts or the Variable Accounts
under federal or state securities laws, state insurance laws or
to otherwise comply with such laws, rules, regulations or orders.
Provided however, that Nationwide shall not be liable in any such
case to the extent any such statement, omission or representation
or such alleged statement, alleged omission or alleged
representation was made in reliance upon and in conformity with
written information furnished to Nationwide by or on behalf of W&R
specifically for use therein.
Nationwide shall reimburse any legal or other expenses reasonably
incurred by W&R, the Funds, or any Affiliated Party in connection
with investigating or defending any such Losses, provided, however,
that Nationwide shall have prior approval of the use of said
counsel or the expenditure of said fees.
This indemnity agreement shall be in addition to any liability
which Nationwide may otherwise have.
(b) W&R and the Funds agree to indemnify and hold harmless Nationwide
and each of its directors, officers, employees, agents and each
person, (collectively, "Nationwide Affiliated Party"), who controls
Nationwide within the meaning of the 1933 Act against any Losses to
which Nationwide or any such Nationwide Affiliated Party may become
subject, under the 1933 Act or otherwise, insofar as such Losses
(or actions in respect thereof) arise out of or are based upon; but
not limited to:
(i) any untrue statement or alleged untrue statement of any
material fact contained in any information furnished by W&R or
the Funds, including but not limited to, the Registration
Statements, Prospectuses or sales literature of the Funds;
(ii) the omission or the alleged omission to state in the
Registration Statements or Prospectuses of the Funds a material
fact required to be stated therein or necessary to make the
statements therein not misleading;
(iii) W&R's failure to keep the Funds fully diversified and
qualified as regulated investment companies as required by the
applicable provisions of the Code, the 1940 Act, and the
applicable regulations promulgated thereunder;
(iv) the failure of W&R to provide the services and furnish the
materials under the terms of this Agreement;
(v) a breach of this Agreement or of any of the representations
contained herein; or
(vi) any failure to register the Funds under federal or state
securities laws or to otherwise comply with such laws, rules,
regulations or orders.
Provided however, that W&R and the Funds shall not be liable in any
such case to the extent that any such loss, claim, damage or
liability arises out of or is based upon an act or omission of
Nationwide or untrue statement or omission or alleged omission made
in conformity with written information furnished to W&R or the
Funds by Nationwide specifically for use therein.
W&R and the Funds shall reimburse any reasonable legal or other
expenses reasonably incurred by Nationwide or any Nationwide
Affiliated Party in connection with investigating or defending any
such Losses, provided, however, that W&R and the Funds shall have
prior approval of the use of said counsel or the expenditure of
said fees.
This indemnity agreement will be in addition to any liability which
W&R and the Funds may otherwise have.
(c) Each party shall promptly notify the other party(ies) in writing
of any situation which presents or appears to involve a claim which
may be the subject of indemnification under this Agreement and the
indemnifying party shall have the option to defend against any such
claim. In the event the indemnifying party so elects, it shall
notify the indemnified party and shall assume the defense of such
claim, and the indemnified party shall cooperate fully with the
indemnifying party, at the indemnifying party's expense, in the
defense of such claim. Notwithstanding the foregoing, the
indemnified party shall be entitled to participate in the defense
of such claim at its own expense through counsel of its own
choosing. Neither party shall admit to wrong-doing nor make any
compromise in any action or proceeding which may result in a
finding of wrongdoing by the other party without the other party's
prior written consent. Any notice given by the indemnifying party
to an indemnified party or participation in or control of the
litigation of any such claim by the indemnifying party shall in no
event be deemed to be an admission by the indemnifying party of
culpability, and the indemnifying party shall be free to contest
liability among the parties with respect to the claim.
13. Subject to Section 9(h) of this Agreement, W&R may request or
Nationwide may initiate the filing of a substitution application
pursuant to Section 26(c) of the 1940 Act to substitute shares of a
Fund held by a Nationwide Variable Account for another investment
media ("Substitution Application"). The costs associated with a
Substitution Application shall be allocated as follows:
(a) In the event W&R requests Nationwide to submit a Substitution
Application, W&R shall reimburse Nationwide for all reasonable
costs incurred by Nationwide with respect to such Substitution
Application. W&R shall be obligated to reimburse Nationwide under
this provision irrespective of whether the Substitution Application
requested by W&R is effectuated.
(b) In the event Nationwide initiates a Substitution Application
and the Fund being substituted is offered by separate accounts of
companies other than Nationwide, Nationwide shall bear all costs
associated with the Substitution Application irrespective of
whether the Substitution Application is effectuated.
(c) In the event Nationwide initiates a Substitution Application
in accordance with Section 9(h), Nationwide shall bear the costs
incurred in the transfer.
14.The forbearance or neglect of any party to insist upon strict
compliance by another party with any of the provisions of this
Agreement, whether continuing or not, or to declare a forfeiture of
termination against the other parties, shall not be construed as a
waiver of any of the rights or privileges of any party hereunder. No
waiver of any right or privilege of any party arising from any default
or failure of performance by any party shall affect the rights or
privileges of the other parties in the event of a further default or
failure of performance.
15.This Agreement shall be construed and the provisions hereof
interpreted under and in accordance with the laws of Ohio, without
respect to its choice of law provisions and in accordance with the
1940 Act. In the case of any conflict, the 1940 Act shall control.
16.Each party hereby represents and warrants to the other that the
persons executing this Agreement on its behalf are duly authorized and
empowered to execute and deliver the Agreement and that the Agreement
constitutes its legal, valid and binding obligation, enforceable
against it in accordance with its terms. Except as particularly set
forth herein, neither party assumes any responsibility hereunder, and
will not be liable to the other for any damage, loss of data, delay or
any other loss whatsoever caused by events beyond its reasonable
control.
17.Nationwide acknowledges that the identity of W&R's (and its
affiliates' and/or subsidiaries') customers and all information
maintained about those customers constitute the valuable property of
W&R. Nationwide agrees that, should it come into contact or possession
of any such information (including, but not limited to, lists or
compilations of the identity of such customers), Nationwide shall hold
such information or property in confidence and shall not use,
disclose or distribute any such information or property except with
W&R's prior written consent or as required by law or judicial process.
W&R acknowledges that the identity of Nationwide's (and its
affiliates' and/or subsidiaries') customers and all information
maintained about those customers constitute the valuable property of
Nationwide. W&R agrees that, should it come into contact or possession
of any such information (including, but not limited to, lists or
compilations of the identity of such customers), W&R shall hold such
information or property in confidence and shall not use, disclose or
distribute any such information or property except with Nationwide's
prior written consent or as required by law or judicial process.
This section shall survive the expiration or termination of this
Agreement.
18.Nothing in this Agreement shall be deemed to create a partnership or
joint venture by and among the parties hereto.
19.This Agreement supersedes any and all prior Fund Participation
Agreements made by and between the parties.
20.Except to amend Exhibit A, or as otherwise provided in this
Agreement, this Agreement may not be amended or modified except by a
written amendment executed by each of the parties.
21.This Agreement may be executed by facsimile signature and it may be
executed in one or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same
instrument.
NATIONWIDE LIFE INSURANCE COMPANY AND
NATIONWIDE LIFE AND ANNUITY INSURANCE
COMPANY
/s/Xxxxxxx X. Xxxxxx
--------------------------------
By: Xxxxxxx X. Xxxxxx
Title: Vice President
Investment Management Relationships
XXXXXXX & XXXX, INC.
/s/Xxxxxx X. Xxxxx
------------------------------
By: Xxxxxx X. Xxxxx
Title: Executive Vice President
XXXXXXX & XXXX SERVICES COMPANY
/s/Xxxxxxx X. Xxxxxx
------------------------------
By: Xxxxxxx X. Xxxxxx
Title: President
W&R TARGET FUNDS, INC.
/s/Xxxxxx X. Xxxxxxx
------------------------------
By: Xxxxxx X. Xxxxxxx
Title: President
5
EXHIBIT A
This Exhibit corresponds to the Fund Participation Agreement dated
December 1, 2000.
Variable Accounts Corresponding Corresponding
of Nationwide Nationwide Funds
Contracts
Nationwide VA * Xxxxxxx & Xxxx W&R Target Funds,
Separate Account-D Advisors Select Inc.
Annuity * Asset Strategy
Portfolio
* Balanced Portfolio
* Bond Portfolio
* Core Equity
Portfolio (formerly,
Income Portfolio)
* Growth Portfolio
* High Income
Portfolio
* International
Portfolio
* Limited-Term Bond
Portfolio
* Money Market
Portfolio
* Science and
Technology Portfolio
* Small Cap Portfolio
Nationwide VLI * Xxxxxxx & Xxxx W&R Target Funds,
Separate Account-5 Advisors Select Life Inc.
* Xxxxxxx & Xxxx * Asset Strategy
Advisors Select Portfolio
Survivorship Life * Balanced Portfolio
* Bond Portfolio
* Core Equity
Portfolio (formerly,
Income Portfolio)
* Growth Portfolio
* High Income
Portfolio
* International
Portfolio
* Limited-Term Bond
Portfolio
* Money Market
Portfolio
* Science and
Technology Portfolio
* Small Cap Portfolio
Nationwide Variable * Xxxxxxx & Xxxx W&R Target Funds,
Account-9 Advisors Select Plus Inc.
Annuity (proprietary * Asset Strategy
version of Future Portfolio
(1933 Act No. 333- * Balanced Portfolio
28995)) * Bond Portfolio
* Core Equity
Portfolio (formerly,
Income Portfolio)
* Growth Portfolio
* High Income
Portfolio
* International
Portfolio
* Limited-Term Bond
Portfolio
* Money Market
Portfolio
* Science and
Technology Portfolio
* Small Cap Portfolio
