Exhibit (8)(e)(5): Amendment No. 4 to the Participation Agreement among
Pioneer Variable Contracts Trust, Pioneer Funds
Distributor, Inc. and United of Omaha Life Insurance
Company.
AMENDMENT NUMBER 4 TO PARTICIPATION AGREEMENT
This Amendment Number 4 (the "Amendment") to the Participation Agreement
defined below is made and entered into as of the 8th day of December, 2003, by
and among UNITED OF OMAHA LIFE INSURANCE COMPANY, a Nebraska life insurance
company, (hereinafter the "Company"), on its own behalf and on behalf of each
segregated asset account of the Company identified in the Participation
Agreement (each such account hereinafter referred to as the "Account"), PIONEER
VARIABLE CONTRACTS TRUST, a business trust organized under the law of Delaware,
(the "Fund") and PIONEER FUNDS DISTRIBUTOR, INC., a Massachusetts corporation,
(the "Distributor").
PRELIMINARY STATEMENTS
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1. The Company, the Fund and the Distributor have entered into a Participation
Agreement dated as of May 1, 1997, as such agreement may be amended from
time to time (the "Participation Agreement").
2. The parties desire to amend Section 1.10 of the Participation Agreement.
AGREEMENT
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In consideration of their mutual promises, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
Company, the Fund and the Distributor agree to amend the Participation Agreement
as follows:
1. Section 1.10 of the Participation Agreement is deleted and replaced in its
entirety with the following:
"1.10. The Fund shall make the net asset value per share for each
Designated Portfolio available to the Company as soon as reasonably
practical after the net asset value per share is calculated and shall use
its best efforts to make such net asset value per share available by 7 p.m.
Boston time each Business Day. The Fund shall report any material error in
the calculation or reporting of net asset value per share to the Company
promptly upon discovery, and shall adjust the number of shares purchased or
redeemed for the Account to reflect the correct net asset value per share."
2. Except as expressly provided herein, the Participation Agreement shall
remain in full force and effect. This Amendment and the Participation Agreement,
as amended, constitute the entire agreement between the parties hereto
pertaining to the subject matter hereof and fully supersede any and all prior
agreements or understandings between the parties hereto pertaining to the
subject matter hereof. In the event of any conflict between the terms of this
Amendment and the Participation Agreement, the terms of this Amendment shall
control.
3. This Amendment may be amended only by written instrument executed by each
party hereto.
4. This Amendment shall be effective as of the date written above.
5. Any number of counterparts of this Amendment may be executed and each such
executed counterpart shall be deemed an original.
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 the date specified above.
COMPANY:
UNITED OF OMAHA LIFE INSURANCE COMPANY
By its authorized officer
By: /s/ Xxxxxxx X. Xxxx
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Title: Executive Vice President
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Date:
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FUND:
PIONEER VARIABLE CONTRACTS TRUST
By its authorized officer
By: /s/ Xxxxxx X. Xxxxx
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Title: Secretary
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Date:
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DISTRIBUTOR:
PIONEER FUNDS DISTRIBUTOR, INC.
By its authorized officer
By /s/ Xxxxxxx X. X'Xxxxx
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Title: Executive Vice President Distribution
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Date: 12/08/03
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