AMENDMENT
Exhibit 2
AMENDMENT
THIS AMENDMENT (“Amendment”) effective as of December 1, 2004 is made and entered into by and between Annuity Investors Life Insurance Company (the “Company”), Xxxxxxxxxxx Variable Account Funds (the “Fund”), and OppenheimerFunds, Inc. (the “Advisor”) and is intended to form a part of that certain Participation Agreement effective as of July 1, 2002 (“‘Participation Agreement”).
WHEREAS, the parties desire to amend the Participation Agreement to make available to Company for purchase shares of certain additional Portfolios, effective as of December 1, 2004.
NOW THEREFORE, in consideration of the premises and the mutual promises and covenants hereinafter set forth, and for other good and valuable consideration in hand paid, including, but not limited to, the consideration supporting the Participation Agreement, the parties agree that said agreement is amended as follows:
I. All terms that are defined in the Participation Agreement shall have the same meaning in this Amendment.
II. Schedule 1 to the Participation Agreement is deleted in its entirety and replaced with the following:
Schedule 1
I. Annuity Investors Life Insurance Company Variable Account C.
A. Products:
(1). The Commodore Helmsman Individual Flexible Premium Deferred Variable Annuity; and
(2). The Commodore Majesty Individual Flexible Premium Deferred Variable Annuity.
II. Annuity Investors Life Insurance Company Variable Account B.
A. Products:
(1). The Commodore Spirit Individual and Group Flexible Premium Deferred Variable Annuity (formerly known as The Commodore Navigator Flexible Premium Deferred Variable Annuity);
(2). The Commodore Advantage Individual and Group Flexible Premium Deferred Variable Annuity; and
(3). The Commodore Independence Individual and Group Flexible Premium Deferred Variable Annuity.
III. Annuity Investors Life Insurance Company Variable Account A.
A. Products:
(1). The Commodore Americus Individual Flexible Premium Deferred Variable Annuity: and
(2). The Commodore Nauticus Group Flexible Premium Deferred Variable Annuity.
I. Schedule 2 of the Participation Agreement is deleted in its entirety and replaced with the following:
Schedule 2
Portfolios of Xxxxxxxxxxx Variable Account Funds shown below do not include service class shares unless expressly indicated:
I. Annuity Investor Life Insurance Company Variable Account C
Xxxxxxxxxxx Capital Appreciation Fund/V A-Service Class
Xxxxxxxxxxx Global Securities Fund/V A-Service Class
Xxxxxxxxxxx Main Street Small Cap Fund®/V A-Service Class
Xxxxxxxxxxx Balanced Fund/VA (formerly “Xxxxxxxxxxx Multiple Strategies Fund/VA)-Service Class
Xxxxxxxxxxx Main Street Fund®/VA-Service Class (effective 12/1/04)
II. Annuity Investors Life Insurance Company Variable Account B
Xxxxxxxxxxx Balanced Fund/VA-Initial Series (effective 12/1/04)
Xxxxxxxxxxx Capital Appreciation Fund A - Initial Series (effective 12/1/04)
Xxxxxxxxxxx Main Street Fund®/VA-Initial Series (effective 12/1/04)
III. Annuity Investor Life Insurance Company Variable Account A
Xxxxxxxxxxx Capital Appreciation Fund/VA-Initial Shares (effective 5/1/2005)
Xxxxxxxxxxx Main Street Fund®/VA-Initial Shares (effective 5/1/2005)
IV. All other terms and conditions of the Participation Agreement remain unchanged. If there is an inconsistency between the terms of tins Amendment and the terms of the Participation Agreement, then the terms of the Participation Agreement shall control unless the context clearly indicates otherwise.
(The Remainder of This Page Has Been Intentionally Left Blank)
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IN WITNESS WHEREOF, the parties have executed this Amendment as set forth below.
| ANNUITY INVESTORS LIFE INSURANCE COMPANY | ||||
By:
|
/s/ Xxxx Xxxxxx | |||
Its:
|
Vice President | |||
| XXXXXXXXXXX VARIABLE ACCOUNT FUNDS | ||||
By:
|
/s/ W. Xxxxx Xxxx | |||
Its:
|
Assistant Secretary | |||
| OPPENHEIMERFUNDS, INC. | ||||
By:
|
/s/ Xxxxxxxxx Xxxxxx | |||
Its:
|
Vice President | |||
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