Exhibit (8)(p)(iii)
STRONG CAPITAL MANAGEMENT, INC.
December 14, 1999
X. Xxxxxxx Xxxxxxxxx
Executive Vice President
Conseco Variable Insurance Company
00000 Xxxxx Xxxxxxxxxxxx Xxxxxx
Xxxxxx, XX 00000
Re: PARTICIPATION AGREEMENT AND FEE LETTER, DATED AS OF APRIL 30, 1997,
(THE "AGREEMENT")
Dear Xxxx:
We entered into the Agreement pursuant to which you provide administrative
services ("Services") to customers who are the beneficial owners of shares of
various investment companies managed by Strong Capital Management, Inc.
("Funds") through variable annuity contracts. We would like to amend the
Agreement as follows:
1. All references to "Great American Reserve Insurance Company" in the Agreement
and the shall be deemed to be to "Conseco Variable Insurance Company", and
Conseco Variable Insurance Company shall agree to assume all obligations and
liabilities of Great American Reserve Insurance Company contained in the
Agreement.
2. The first paragraph of the Agreement is deleted in its entirety and replaced
with the following:
"THIS AGREEMENT, is made as of April 30, 1997, by and among Conseco
Variable Insurance Company ("Company"), on its own behalf and on behalf of
Conseco Variable Annuity Account C, Conseco Variable Annuity Account E,
Conseco Variable Annuity Account F, Conseco Variable Annuity Account G,
Conseco Variable Annuity Account H, and Conseco Variable Life Account A,
segregated asset accounts of the Company (collectively, "Account"), Strong
Variable Insurance Funds, Inc. ("Strong Variable") on behalf of the
Portfolios of Strong Variable listed on the attached Exhibit A as such
Exhibit may be amended from time to time (the "Designated Portfolios"),
Strong Opportunity Fund II, Inc. ("Opportunity Fund II"), Strong Capital
Management, Inc. (the "Adviser"), the investment adviser and transfer agent
for the Opportunity Fund II and Strong Variable, and Strong Investments,
Inc. ("Distributors"), the distributor for Strong Variable and the
Opportunity Fund II (each, a "Party" and collectively, the "Parties")."
3. PRELIMINARY STATEMENT B of the Agreement is deleted in its entirety and
replaced with the following:
"B. To the extent permitted by applicable insurance laws and
regulations, the Company intends to purchase shares of Opportunity Fund II
and the Designated Portfolios ("Fund" or "Funds" shall be deemed to refer
to each Designated Portfolio and to the Opportunity Fund II to the extent
the context requires), on behalf of the Account to fund the variable
annuity contracts or variable life contracts, as applicable, that use the
Funds as an underlying investment medium (the "Contracts"):"
Except as set forth above, the Agreement remains in full force and effect.
Capitalized terms that are not defined in this letter have the meaning given to
them in the Agreement. If you agree with this letter, please sign and date both
copies and return one to me.
Very truly yours,
STRONG CAPITAL MANAGEMENT, INC.
/s/ Xxxxxxx X. Xxxxxxxxxxx
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Xxxxxxx X. Xxxxxxxxxxx, Vice President
Accepted and agreed as of 2/2 1999, by:
STRONG INVESTMENTS, INC.
/s/ Xxxxxxx X. Xxxxxxxxxxx
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Xxxxxxx X. Xxxxxxxxxxx, Vice President
STRONG VARIABLE INSURANCE FUNDS, INC.
on behalf of the Designated Portfolios
/s/ Xxxxxxx X. Xxxxxxxxxxx
--------------------------------------------
Xxxxxxx X. Xxxxxxxxxxx, Vice President
STRONG OPPORTUNITY FUND II, INC.
/s/ Xxxxxxx X. Xxxxxxxxxxx
--------------------------------------------
Xxxxxxx X. Xxxxxxxxxxx, Vice President
Accepted and agreed on ____________, 1999, by:
CONSECO VARIABLE INSURANCE COMPANY
By: Signature
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Its: Senior Vice President
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