CONSENT TO ASSIGNMENT
OF
PARTICIPATION AGREEMENT
RECITALS:
1) Summit Mutual Funds, Inc. ("Fund"), Ameritas Investment Corp. ("AIC"),
PHL Variable Insurance Company ("Life Company") and Phoenix Equity Planning
Corporation ("Underwriter") entered into a Participation Agreement, effective
February 1, 2008 ("Participation Agreement").
2) Pursuant to a change in the investment management of the Fund, Xxxxxxx
Distributors, Inc. ("CDI") has become the Distributor of the Fund, replacing
AIC, effective December 12, 2008.
3) Section 8 of the Participation Agreement provides that the Participation
Agreement may not be assigned except with the written consent of each Party.
IN CONSIDERATION of the above, and of the mutual promises and conditions set
forth in the Participation Agreement and this Consent to Assignment, the
parties agree as follows:
1) The Fund, AIC, Life Company and Underwriter hereby consent to the
assignment of all of the rights and obligations of AIC under the Participation
Agreement to CDI, and CDI accepts such assignment.
2) All other provisions of the Participation Agreement shall remain
unchanged.
3) The effective date of this Consent to Assignment shall be December 12,
2008.
The Fund, AIC, Life Company, Underwriter and CDI have caused this Consent to
Assignment to be executed by the following authorized individuals for the
purposes expressed herein.
Summit Mutual Funds, Inc. Ameritas Investment Corp.
By: /s/ Xxxxxxx X. Xxxxxxxxx By: /s/ Xxxxxxx X. Xxxxxxx
------------------------------- ------------------------------
Print: Xxxxxxx X. Xxxxxxxxx Print: Xxxxxxx X. Xxxxxxx
Title: Vice President Title: Vice President
PHL Variable Insurance Company Phoenix Equity Planning Corporation
By: /s/ Xxxx Xxxxxxx X'Xxxxxxx By: /s/ Xxxxxx Xxxxxx
------------------------------- ------------------------------
Print: Xxxx Xxxxxxx X'Xxxxxxx Print: Xxxxxx Xxxxxx
Title: Senior Vice President Title: Second Vice President
Xxxxxxx Distributors, Inc.
By: /s/ Xxxxxxx X. Xxxxxxxxx
-------------------------------
Print: Xxxxxxx X. Xxxxxxxxx
Title: Senior Vice President
