Exhibit 23(h)9(a)
First Amendment to Service Agreement among The Phoenix Edge Series Fund, Phoenix
Life Insurance Company, PHL Variable Insurance Company and Phoenix Life and
Annuity Company, dated November 11, 2003
FIRST AMENDMENT TO SERVICE AGREEMENT
BETWEEN
THE PHOENIX EDGE SERIES FUND
AND
PHOENIX LIFE INSURANCE COMPANY
AND
PHL VARIABLE INSURANCE COMPANY
AND
PHOENIX LIFE AND ANNUITY COMPANY
-5-
FIRST AMENDMENT TO SERVICE AGREEMENT
THIS AMENDMENT made as of the 11th of November, 2003 amends that
certain AGREEMENT (the "Agreement") dated January 1, 2003, by and among THE
PHOENIX EDGE SERIES FUND, a Massachusetts business trust having a principal
place of business located at 000 Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxxx, and
PHOENIX LIFE INSURANCE COMPANY, an insurance company domiciled in the State of
New York and having a place of business located at One American Row, Hartford,
Connecticut; PHL VARIABLE INSURANCE COMPANY, an insurance company domiciled in
the State of Connecticut and having a place of business located at One American
Row, Hartford, Connecticut; and PHOENIX LIFE AND ANNUITY COMPANY, an insurance
company domiciled in the State of Connecticut and having a place of business
located at One American Row, Hartford, Connecticut as follows:
1. Schedule A is hereby deleted and Revised Schedule A attached hereto and
made part hereof is substituted in lieu thereof.
2. Except as hereinabove modified, all other terms and conditions set
forth in the Agreement shall be, and remain, in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed in their names and on their behalf under their seals by and through
their duly authorized officers, as of the day and year first above written.
THE PHOENIX EDGE SERIES FUND
By: ./s/ Xxxxxx X. XxXxxxxxxx
-------------------------------
Name: Xxxxxx X. XxXxxxxxxx
Title: President
ATTEST:
By: ./s/ Xxxxxxx X. Xxxxx
--------------------------------
Name: Xxxxxxx X. Xxxxx
Title: Vice President
PHOENIX LIFE INSURANCE
COMPANY ON BEHALF OF THE VARIABLE
PRODUCTS DIVISION THEREOF
By: /s/ Xxxx X. Xxxxx
-----------------------------
Name: Xxxx X. Xxxxx
Title: Vice President
ATTEST:
By: ./s/ Xxxxxxx X. Xxxxx
--------------------------------
Name: Xxxxxxx X. Xxxxx
Title: Vice President
PHL VARIABLE INSURANCE COMPANY ON BEHALF OF
THE VARIABLE PRODUCTS DIVISION THEREOF
By: /s/ Xxxx X. Xxxxx
----------------------------------------
Name: Xxxx X. Xxxxx
Title: Vice President
ATTEST:
By: /s/ Xxxxxxx X. Xxxxxxxxx
--------------------------------
Name: Xxxxxxx X. Xxxxxxxxx
Title: Assistant Secretary
PHOENIX LIFE AND ANNUITY COMPANY ON BEHALF OF
THE VARIABLE PRODUCTS DIVISION THEREOF
By: /s/ Xxxx X. Xxxxx
----------------------------------------
Name: Xxxx X. Xxxxx
Title: Vice President
ATTEST:
By: /s/ Xxxxxxx X. Xxxxxxxxx
--------------------------------
Name: Xxxxxxx X. Xxxxxxxxx
Title: Assistant Secretary
REVISED SCHEDULE A (AS AMENDED NOVEMBER 2003)
FEE SCHEDULE
The Administrative Service Fee will be based on the average daily net assets of
the Fund, commencing on January 1, 2004 and shall be payable by the Fund within
five (5) business days following the end of each month thereafter. For fiscal
year 2004, the annual fee shall be 0.080%.
The annual Administrative Service Fee shall be based on the following formula:
ASFSeries = ICF divided by AUM
where, ASFSeries refers to the annual Administrative Service Fee
levied with respect to each respective Series,
AUM refers to the average assets under management during the
term hereof.
ICF refers to the internal costs factor determined from year
to year based upon such items as proportionate investor
inquiry support; shareholder trading; subsequent deposits;
transfer and surrender support; confirmation activities;
quarterly statement processing; and internal support.
