EXHIBIT 23(h)4(4)
FOURTH AMENDMENT TO SERVICE AGREEMENT
FOURTH AMENDMENT TO SERVICE AGREEMENT
THIS AMENDMENT made as of the 13th of November, 2005 amends that
certain AGREEMENT (the "Agreement") dated January 1, 2003, amended November 11,
2003, February 27, 2004, and November 15, 2004, respectively, by and among THE
PHOENIX EDGE SERIES FUND, a Massachusetts business trust having a principal
place of business located at 000 Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxxx, and
PHOENIX LIFE INSURANCE COMPANY, an insurance company domiciled in the State of
New York and having a place of business located at One American Row, Hartford,
Connecticut; PHL VARIABLE INSURANCE COMPANY, an insurance company domiciled in
the State of Connecticut and having a place of business located at One American
Row, Hartford, Connecticut; and PHOENIX LIFE AND ANNUITY COMPANY, an insurance
company domiciled in the State of Connecticut and having a place of business
located at One American Row, Hartford, Connecticut as follows:
1. Schedule A is hereby deleted and Revised Schedule A attached hereto and
made part hereof is substituted in lieu thereof.
2. Except as hereinabove modified, all other terms and conditions set
forth in the Agreement shall be, and remain, in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment
to be executed in their names and on their behalf under their seals by and
through their duly authorized officers, as of the day and year first above
written.
ATTEST: THE PHOENIX EDGE SERIES FUND
By: /s/ Xxxxxxxx X. XxXxx By: /s/ Xxxxxx X. Xxxxxxxxxxx
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Name: Xxxxxxxx X. XxXxx Name: Xxxxxx X. Xxxxxxxxxxx
Title: Vice President, Chief Legal Officer, Title: President
Counsel and Secretary
ATTEST: PHOENIX LIFE INSURANCE COMPANY ON
BEHALF OF THE VARIABLE PRODUCTS DIVISION THEREOF
By: /s/ Xxxx X. Xxxxx By: /s/ Xxxx Xxxxxxx X'Xxxxxxx
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Name: Xxxx X. Xxxxx Name: Xxxx X. X'Xxxxxxx
Title: Secretary Title: Senior Vice President
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ATTEST: PHL VARIABLE INSURANCE COMPANY ON
BEHALF OF THE VARIABLE PRODUCTS DIVISION THEREOF
By: /s/ Xxxx X. Xxxxx By: /s/ Xxxx Xxxxxxx X'Xxxxxxx
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Name: Xxxx X. Xxxxx Name: Xxxx X. X'Xxxxxxx
Title: Secretary Title: Senior Vice President
ATTEST: PHOENIX LIFE AND ANNUITY COMPANY
ON BEHALF OF THE VARIABLE PRODUCTS DIVISION
THEREOF
By: /s/ Xxxx X. Xxxxx By: /s/ Xxxx Xxxxxxx X'Xxxxxxx
---------------------------------------- ----------------------------
Name: Xxxx X. Xxxxx Name: Xxxx X. X'Xxxxxxx
Title: Secretary Title: Senior Vice President
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REVISED SCHEDULE A (AS AMENDED NOVEMBER 2005)
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FEE SCHEDULE
The Administrative Service Fee will be based on the average daily net assets of
the Fund, commencing on January 1, 2006 and shall be payable by the Fund within
five (5) business days following the end of each month thereafter. For fiscal
year 2006, the annual fee shall be 0.065%.
The annual Administrative Service Fee shall be based on the following formula:
ASFSeries = ICF divided by AUM
where, ASFSeries refers to the annual Administrative Service Fee levied
with respect to each respective Series,
AUM refers to the average assets under management during the
term hereof.
ICF refers to the internal costs factor determined from year
to year based upon such items as proportionate investor
inquiry support; shareholder trading; subsequent deposits;
transfer and surrender support; confirmation activities;
quarterly statement processing; and internal support.
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