Fund Participation Agreement
This
Fund
Participation Agreement (“Agreement”), dated as of the 3rd day of
January,
2000 is made by and among Nationwide Life Insurance Company and/or Nationwide
Life and Annuity Insurance Company (separately and collectively “Nationwide”)
and the Nationwide separate account(s) identified on Exhibit A which is attached
hereto and may be amended from time to time, and Credit Suisse Asset Management,
LLC (“Adviser”), and Provident Distributors, Inc., which serve respectively as
adviser and distributor for the mutual funds (the “Funds”) listed on Exhibit
A. The Funds, Credit Suisse Asset Management, LLC, and Provident
Distributors, Inc., are collectively referred to throughout this Agreement
as
“Fund Party.”
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; 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 Fund Party mutually desire the inclusion of the Funds as
underlying investment media for variable life insurance policies and/or variable
annuity contracts (collectively, the “Contracts”) issued by
Nationwide;
NOW
THEREFORE, Nationwide and Fund Party, in consideration of the promises and
undertakings described herein, agree as follows:
1.
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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 (the “1940 Act”) or are exempt from registration pursuant to
section 3(c)(11) of the 1940 Act;
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2.
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Each
party recognizes that the services provided for under this Agreement
are
not exclusive and that the same skill will be used in performing
services
in similar contexts. Nationwide will use its best efforts to
give equal emphasis and promotion to shares of the Funds as is given
to
other underlying investments of the Variable
Accounts.
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3.
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Subject
to the terms and conditions of this Agreement, Nationwide shall be
appointed to, and agrees, to act as a limited agent of each Fund,
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.
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Except
as
particularly stated in this paragraph, Nationwide shall have no authority to
act
on behalf of the Funds or to incur any cost or liability on its
behalf. Each communication of orders by Nationwide constitutes a
representation that such orders were received by Nationwide prior to the close
of regular trading on the New York Stock Exchange on the Business Day on which
the purchase or redemption order is priced in accordance with Rule 22c-1 under
the 1940 Act.
Each
Fund
or its agent 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 7:00 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 each Fund or its specified agent no later than 9:00 a.m.
Eastern Time of the following Business Day. Orders for shares of
Funds shall be accepted and executed at the time they are received by the Fund
in proper form and at the net asset value price determined as of the close
of
trading on the previous Business Day. The Funds 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 the Funds.
Payment
for net purchases shall be wired to a custodial account designated by each
Fund
or its agent 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, the Funds or its agents 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.
Nationwide
agrees to provide Fund Party, upon request, written reports indicating the
number of beneficial shareholders that hold interests in the Funds and such
other information (including books and records) that Fund Party may reasonably
request or as may be necessary or advisable to enable it to comply with any
law,
regulation or order.
4.
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All
expenses incident to the performance by each party under this Agreement
shall be paid by such party. Each Fund or its agent shall
promptly provide Nationwide, or cause Nationwide to be provided with,
a
reasonable quantity of Funds’ Prospectuses, Statements of Additional
Information and any supplements.
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5.
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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 Fund
Party (or an entity on its behalf) which contain information about
the
Funds. Nationwide agrees to allow a reasonable period of
time
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for
each
Fund or its agent 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.
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Adviser
or an entity on its behalf and Nationwide hereby agree and represent
that
each of their information technology systems will be Year 2000 Compliant
in accordance with the Year 2000 Compliance requirements of the SEC
and
the National Association of Securities Dealers (“NASD”). Each
party shall notify the other if there is a change in the status of
their
informational technology systems or upon having a reasonable basis
for
believing that their informational technology systems will not be
Year
2000 Compliant.
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“Year
2000 Compliant” or “Year 2000 Compliance” shall mean that the systems or
software in question shall be able to accurately process date or date-related
data, without creating any logical or mathematical inconsistencies, from, into
and between the twentieth and twenty-first centuries, when used in accordance
with the specifications set forth for such systems or software; provided,
however, that neither party shall be responsible for any failure or its systems
or software to be Year 2000 Compliant which is caused by or related to the
interaction or interface of such systems or software with the systems or
software of a third party which are not Year 2000 Compliant.
7.
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Adviser
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. Adviser 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.
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Adviser
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
each Funds’ Prospectus. Adviser 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, Adviser 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 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 Adviser upon having a
reasonable basis for believing that the Contracts have ceased to be treated
as
annuity contracts or life insurance policies, or that the Contracts may not
be
so treated in the future.
Unless
a
Fund is 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 Adviser 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.
Each
party agrees to provide the other with such reports or records as are reasonably
requested relating to this Agreement.
8.
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As
reasonably requested, within five (5) Business Days after the end
of each
calendar month, each Fund or its agent shall provide or make available
to
Nationwide a monthly statement of account, which shall confirm all
transactions made during that particular month in the Variable
Accounts.
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9.
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Each
party agrees to inform the other of the existence of, or any potential
for, any material conflicts of interest between the parties and any
possible implications of the same.
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It
is
agreed that if it is determined by a majority of the members of the Boards
of
Directors of the Funds, or a majority of the Funds’ disinterested Directors,
that a material conflict exists caused by Nationwide, Nationwide shall, at
its
own expense, take whatever steps are necessary to remedy or eliminate such
material conflict.
It
is
agreed that if it is determined by Nationwide that a material conflict exists
caused by Fund party, Fund Party shall, at its own expense, take whatever steps
are necessary to remedy or eliminate such material conflict.
10.
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This
Agreement shall terminate as to the sale and issuance of new
Contracts:
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(a)
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at
the option of Nationwide or Fund Party upon at least 60 days advance
written notice to the other;
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(b)
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at
any time, upon Fund Party’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 Fund Party to permit the substitution
of
Fund shares with the shares of another investment company pursuant
to SEC
regulation;
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(c)
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if
the Contracts are not treated as annuity contracts or life insurance
policies by the applicable regulations or under applicable rules
or
regulations;
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(d)
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if
the Variable Accounts are not deemed “segregated asset accounts” by the
applicable regulators or under applicable rules or
regulations;
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(e)
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at
the option of Nationwide, if Fund share 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;
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(f)
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at
the option of Nationwide or Fund Party, 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
regulation body;
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(g)
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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. Nationwide shall give at least 90
days written notice to Fund Party of any proposal to substitute Fund
shares;
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(h)
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upon
assignment of this Agreement unless such assignment is made with
the
written consent of each other party provided, that the Funds’ principal
underwriter may assign its responsibilities hereunder to a principal
underwriter that replaces it or to the Funds’ investment adviser;
and
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(i)
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in
the event Fund share 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.
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11.
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Each
notice required by this Agreement shall be given orally and confirmed
in
writing to:
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Nationwide
Life Insurance Company
Nationwide
Life and Annuity Insurance Company
Xxx
Xxxxxxxxxx Xxxxx 0-00-X0
Xxxxxxxx,
Xxxx 00000
Attention: Senior
Vice President – Life Insurance Operations
With
a
copy to:
Nationwide
Life Insurance
Company
Nationwide
Life and Annuity Insurance
Company
Xxx
Xxxxxxxxxx Xxxxx
0-00-X0
Xxxxxxxx,
Xxxx 00000
Attention: Compliance
Manager – Securities
Credit
Suisse Asset Management,
LLC
000
Xxxxxxxxx Xxxxxx
Xxx
Xxxx, Xxx
Xxxx 00000
Attention: Legal
Department
Provident
Distributors,
Inc.
Four
Falls Corporate Center, 0xx Xxxxx
Xxxx
Xxxxxxxxxxxx,
XX 00000-0000
Attention: Managing
Director
Any
party
may change its address by notifying the other party(ies) in
writing.
12.
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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 Fund Party (provided that such material is received
by
Nationwide at least 10 business days prior to the date scheduled
for
mailing to Contract
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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.
13.
(a)
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Nationwide
(solely to the extent of the party’s obligations hereunder) agrees to
reimburse and/or indemnify and hold harmless
Fund Party and each of its directors, officers, employees, agents
and each
person, if any, who controls Fund Party 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
Fund Party 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:
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(i)
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any
untrue statement or alleged untrue statement of any material fact
contained in information furnished by
Nationwide;
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(ii)
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the
omission or the alleged omission to state in the Registration Statements
or Prospectuses of the Variable Accounts a material fact required
to be
stated therein or necessary to make the statements therein
not misleading;
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(iii)
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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;
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(iv)
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the
failure of Nationwide to provide the services and furnish the materials
under the terms of this Agreement;
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(v)
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a
breach of this Agreement or any of the representations contained
herein;
or
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(vi)
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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.
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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 Fund Party
specifically for use herein.
Nationwide
shall reimburse any legal or other expenses reasonably incurred by Fund Party
or
any Affiliated Party in connection with investigation 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.
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(b)
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Fund
Party (solely to the extent of the party’s obligations hereunder) agrees
to indemnify and hold harmless Nationwide and each of its directors,
officers, employees, agents and each person, (collectively, “Nationwide
Affiliated Party”), who control 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:
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(i)
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any
untrue statement or alleged untrue statement of any material fact
contained in any information furnished by Fund Party, including but
not
limited to, the Registration Statements, Prospectuses or sales literature
of the Funds;
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(ii)
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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;
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(iii)
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Fund
Party’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;
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(iv)
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the
failure of Fund Part to provide the services and furnish the materials
under the terms of this Agreement;
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(v)
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a
breach of this Agreement or of any of the representations contained
herein; or
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(vi)
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any
failure to register the Funds under Federal or state securities laws
or to
otherwise comply with such laws, rules, regulations or
orders.
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Provided,
however, that Fund Party 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 Fund Party by
Nationwide specifically for use therein.
Fund
Party 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 Fund Party
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 Fund Party
may
otherwise have.
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(c)
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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 wrongdoing nor make any compromise
in
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any
action or proceeding, which may result in 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 for 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.
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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.
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15.
This Agreement shall be construed and the provisions hereof interpreted
under and in accordance with the laws of Delaware, 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.
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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.
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17.
Nationwide acknowledges that the identity of Fund Party’s (and its
affiliates’ and/or subsidiaries’) customers and all information maintained
about those customers constitute the valuable property of Fund
Party. 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 Fund Party’s prior
written consent or as required by law or judicial
process.
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Fund
Party 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. Fund
Party 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), Fund Party 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.
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This
section shall survive the expiration or termination of this
Agreement.
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18.
Nothing in this Agreement shall be deemed to create a partnership
or joint
venture by and among the parties
hereto.
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19.
This Agreement supersedes any and all prior Fund Participation Agreements
made by and between the parties.
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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.
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21.
Each party hereto agrees to conduct its activities in good faith
in
accordance with all applicable laws. All services to contract
owners shall be the responsibility of Nationwide and not Fund
Party.
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22.
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.
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NATIONWIDE
LIFE INSURANCE COMPANY AND
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NATIONWIDE
LIFE AND ANNUITY INSURANCE
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COMPANY
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Date:
__________________
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________________________________________________
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By:
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Xxxxxx
X. Xxxx
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Title:
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Vice
President
|
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Office
of Product and Market Compliance
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CREDIT
SUISSE ASSET MANAGEMENT, LLC
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Date:
__________________
|
________________________________________________
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By:
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Xxxxxx
X. Xxxxx
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Title:
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Vice
President and Legal Counsel
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PROVIDENT
DISTRUBTORS, INC.
|
Date:
__________________
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________________________________________________
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By:
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Xxxxxx
X. Kinnhander
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Title:
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President
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EXHIBIT
A
|
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This
Exhibit corresponds with the Agreement dated January 3,
2000
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Variable
Accounts of Nationwide
|
Corresponding
Nationwide Contracts
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Corresponding
Funds
|
Nationwide
Variable Account - II
|
The
Best of America® IV Annuity
The
Best of America® - America’s Vision Annuity
NEBA
|
· Warburg
Pincus Trust – Small Company Portfolio
· Warburg
Pincus Trust – International Equity Portfolio
· Warburg
Pincust Trust – Post-Venture Capital Portfolio
|
Nationwide
Variable Account - 8
|
The
Best of America® - America’s Vision Plus Annuity
|
· Warburg
Pincus Trust – Growth & Income Portfolio
|
Nationwide
Variable Account - 9
|
The
Best of America® - America’s Income Annuity
|
· Warburg
Pincus Trust – Growth & Income Fund
|
Nationwide
Variable Account - 9
|
The
Best of America® - America’s Future Annuity
The
Best of America® - America’s Choice Annuity
The
Best of America® - America’s Vision II Annuity
The
Best of America® - America’s Exclusive II Annuity
The
Best of America® V Annuity
NEA
Valuebuilder Future Annuity
NEA
Valuebuilder Select Annuity
|
· Warburg
Pincus Trust – Growth & Income Portfolio
· Warburg
Pincus Trust – International Equity Portfolio
· Warburg
Pincus Trust – Post-Venture Capital Portfolio
|
Nationwide
Variable Account - 10
|
The
Best of America® - InvestCare
|
· Warburg
Pincus Trust – Growth & Income Fund
|
Nationwide
VA Separate Account - B
|
The
Best of America® - America’s Exclusive Annuity
|
· Warburg
Pincus Trust – Small Company Portfolio
· Warburg
Pincus Trust – International Equity Portfolio
· Warburg
Pincus Trust – Post-Venture Capital Portfolio
|
Nationwide
VLI Separate Account - 2
|
The
Best of America® - Modified Single Premium Variable Life
The
Best of America® - Flexible Premium Variable Universal Life
The
Best of America® - Last Survivor Flexible Premium Variable Universal
Life
The
Best of America® - Single Premium Variable Life
The
Best of America® - Multiple Payment Variable Life
The
Best of America® - Corporate Variable Universal Life
|
· Warburg
Pincust Trust – Small Company Portfolio
· Warburg
Pincus Trust – International Equity Portfolio
· Warburg
Pincus Trust – Post-Venture Capital
Portfolio
|
Variable
Accounts of Nationwide
|
Corresponding
Nationwide Contracts
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Corresponding
Funds
|
Nationwide
VLI Separate Account - 3
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Multi-Flex
Flexible Premium Variable Universal Life
Multi-Flex
Single Premium Variable Life
Multi-Flex
Multiple Payment Variable Life
|
· Warburg
Pincus Trust – Small Company Portfolio
· Warburg
Pincus Trust – International Equity Portfolio
· Warburg
Pincus Trust – Post-Venture Capital Portfolio
|
Nationwide
VLI Separate Account - 4
|
The
Best of America® - Future Last Survivor Flexible Premium Variable
Universal Life
The
Best of America® - Future Modified Single Premium Variable
Life
The
Best of America® - Future Corporate Variable Universal Life
The
Best of America® - The Next Generation Flexible Premium Variable Universal
Life
|
· Warburg
Pincus Trust – Growth & Income Portfolio
· Warburg
Pincus Trust – International Equity Portfolio
· Warburg
Pincus Trust – Post-Venture Capital Portfolio
|
Nationwide
VL Separate Account - C
|
The
Best of America® - Corporate Flexible Premium Variable Universal
Life
The
Best of America® - Flexible Premium Variable Universal Life
The
Best of America® - Modified Single Premium Variable Life
|
· Warburg
Pincus Trust – Growth & Income Portfolio
· Warburg
Pincus Trust – International Equity Portfolio
· Warburg
Pincus Trust – Post-Venture Capital Portfolio
|
Nationwide
VL Separate Account - A
|
Corporate
Flexible Premium
Variable
Universal Life
|
· Warburg
Pincus Trust – International Equity Portfolio
· Warburg
Pincus Trust – Post-Venture Capital Portfolio
· Warburg
Pincus Trust – Small Company Growth Portfolio
|
Qualified
Plans Variable Account (“QPVA”)
|
Qualified
Plans Variable Group
Annuity
Contracts
|
· Warburg
Pincus Emerging Growth Fund
– Common Shares
· Warburg
Pincus Global Fixed Income Fund
· Warburg
Pincus Trust – International Equity Portfolio
· Warburg
Pincus Trust – Small Company Growth Portfolio
|
Nationwide
Variable Account
|
The
Soloist Variable Annuity
The
Successor Annuity
|
· Warburg
Pincus Emerging Growth Fund
· Warburg
Pincus Global Fixed Income Fund
|
Government
Plans Variable Account (“GPVA”)
|
Governmental
Plans Variable Group Annuity Contract
|
· Warburg
Pincus Emerging Growth Fund
· Warburg
Pincus Trust – International Equity Portfolio
|
Nationwide
DC Variable Account
|
Group
Flexible Fund Retirement
Contracts
|
· Warburg
Pincus Emerging Growth Fund
|
NACo
Variable Account
|
Group
Flexible Fund Retirement
Contracts
|
· Warburg
Pincus Emerging Growth Fund – Common
Class
·
|
Nationwide
Private Placement Variable Account (“NPPVA”)
|
Variable
Life Insurance Policies
|
· Warburg
Pincus Trust – Growth & Income
Portfolio
|