AMENDMENT TO FUND
PARTICIPATION AGREEMENT
AMONG
STRONG OPPORTUNITY FUND II, INC.,
STRONG VARIABLE INSURANCE FUNDS, INC.,
STRONG CAPITAL MANAGEMENT, INC.,
STRONG INVESTMENTS, INC.,
and
JEFFERSON NATIONAL LIFE INSURANCE COMPANY
For good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree to amend the April 30, 1997 Fund
Participation Agreement, as amended, among Strong Opportunity Fund II,
Inc., Strong Variable Insurance Funds, Inc. (the "Funds"), Strong
Capital Management, Inc. (the "Adviser"), Strong Investments, Inc.
("Distributors"), and Jefferson National Life Insurance Company
(formerly known as Conseco Variable Insurance Company) (the "Insurance
Company") as follows:
1. All references to "Conseco Variable Insurance Company" are hereby
changed to "Jefferson National Life Insurance Company", effective May 1,
2003. This change reflects the change in the Company's name from Conseco
Variable Insurance Company to Jefferson National Life Insurance Company.
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
Jefferson National Life Insurance Company (the "Insurance Company"), on
its own behalf and on behalf of Jefferson National Life Annuity Account
C, Jefferson National Life Annuity Account E, Jefferson National Life
Annuity Account F, Jefferson National Life Annuity Account G, Jefferson
National Life Annuity Account H, Jefferson National Life Annuity Account
I and Jefferson National Life Account L, segregated asset accounts of
the Insurance Company (collectively, "Account"), Strong Variable
Insurance Funds, Inc. ("Strong Variable") on behalf of the Portfolios of
Strong Variable list 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 Funds
Distributors, Inc. ("Distributors"), the distributor for Strong Variable
and the Opportunity Fund II (each, a "Party" and collectively, the
"Parties")."
3. The following is added as subsection (d) to paragraph 3.8 of the
Agreement:
(d.) In the event that adjustments are required to correct any
error in the computation of the net asset value shares of a Fund and such
adjustment cause the Insurance Company to incur any direct costs for
re-processing Separate Accounts, the Insurance Company shall provide the Fund or
the Advisor with an invoice or other statement documenting such costs in a
reasonable detail. The Adviser shall reimburse the Insurance Company for
reasonable costs upon which they mutually agree.
4. All other terms of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to
be executed in its name and on its behalf by its duly authorized representative
as of this date, DECEMBER 2, 2003.
STRONG OPPORTUNITY FUND II, INC.
By: /s/ Xxxxxxxxxxx X. Xxxxxxxx
---------------------------
Name: Xxxxxxxxxxx X. Xxxxxxxx
Title: Vice President and Assistant Secretary
STRONG VARIABLE INSURANCE FUNDS, INC.
By: /s/ Xxxxxxxxxxx X. Xxxxxxxx
---------------------------
Name: Xxxxxxxxxxx X. Xxxxxxxx
Title: Vice President and Assistant Secretary
STRONG CAPITAL MANAGEMENT, INC.
By: /s/ Xxxx X. Xxxxxx
Name: Xxxx X. Xxxxxx
Title: Assistant Executive Vice President and Assistant
Secretary
STRONG INVESTMENTS, INC.
By: /s/ Xxxx X. Xxxxxx
------------------
Name: Xxxx X. Xxxxxx
Title: Assistant Secretary
JEFFERSON NATIONAL LIFE INSURANCE COMPANY
By: /s/ Xxxxx X. Xxxxxx
Name: Xxxxx X. Xxxxxx
Title: General Counsel
AMENDMENT TO FUND
PARTICIPATION AGREEMENT
AMONG
STRONG OPPORTUNITY FUND II, INC.,
STRONG VARIABLE INSURANCE FUNDS, INC.,
STRONG CAPITAL MANAGEMENT, INC.,
STRONG INVESTMENTS, INC.,
and
JEFFERSON NATIONAL LIFE INSURANCE COMPANY
For good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree to amend the April 30, 1997 Fund
Participation Agreement, as amended, among Strong Opportunity Fund II,
Inc., Strong Variable Insurance Funds, Inc. (the "Funds"), Strong
Capital Management, Inc. (the "Adviser"), Strong Investments, Inc.
("Distributors"), and Jefferson National Life Insurance Company (the
"Insurance Company") as follows:
1. 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
Jefferson National Life Insurance Company (the "Insurance Company"), on
its own behalf and on, behalf of Jefferson National Life Annuity Account
C, Jefferson National Life Annuity Account E, Jefferson National Life
Annuity Account F, Jefferson National Life Annuity Account G, Jefferson
National Life Annuity Account H, Jefferson National Life Annuity Account
I, Jefferson National Life Annuity Account J, Jefferson National Life
Annuity Account K, Jefferson National Life Account L, Jefferson National
Life Annuity Account M, Jefferson National Life Annuity Account N and
Jefferson National Life Annuity Account O, segregated asset accounts of
the Insurance Company (collectively "Account"), Strong Variable
Insurance Funds, Inc. ("Strong Variable") on behalf of the Portfolios of
Strong Variable list 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 Funds
Distributors, Inc. ("Distributors"), the distributor for Strong Variable
and the Opportunity Fund II (each, a "Party" and collectively, the
"Parties")."
2. All other terms of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to
be executed in its name and on its behalf by its duly authorized representative
as of this date, APRIL 5, 2004.
STRONG OPPORTUNITY FUND II, INC.
By: /s/ Xxxxx X. Xxxxx
------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director, Intermediary Services
STRONG VARIABLE INSURANCE FUNDS, INC.
By: /s/ Xxxxx X. Xxxxx
------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director, Intermediary Services
STRONG CAPITAL MANAGEMENT, INC.
By: /s/ Xxxxx X. Xxxxx
------------------
Name: Xxxxx X. Xxxxx
Title: Managing Director, Intermediary Services
STRONG INVESTMENTS, INC.
By: /s/ Xxxxx X. Xxxxx
------------------
Name: Xxxxx X. Xxxxx
Title: Vice President
JEFFERSON NATIONAL LIFE INSURANCE COMPANY
By: /s/ Xxxxx X. Xxxxxx
-------------------
Name: Xxxxx X. Xxxxxx
Title: General Counsel and Secretary
