AMENDMENT TO PARTICIPATION AGREEMENT
Exhibit 99.(h)(13)(ii)
AMENDMENT TO PARTICIPATION AGREEMENT
This AMENDMENT TO PARTICIPATION AGREEMENT (the “Amendment”) is made and entered into as of the 1st day of May, 2008, by and among COLUMBUS LIFE INSURANCE COMPANY, an Ohio corporation, on its own behalf and on behalf of each separate account of the Company set forth on Schedule A hereto, as may be amended from time to time (each such account referred to as an “Account”), THE UNIVERSAL INSTITUTIONAL FUNDS, INC. (the “Fund”), a Maryland corporation, XXXXXX XXXXXXX DISTRIBUTION, INC. (the “Underwriter”), a Delaware corporation, and XXXXXX XXXXXXX INVESTMENT MANAGEMENT INC. (the “Adviser”), a Delaware corporation.
WHEREAS, the Company, the Fund, the Underwriter and the Adviser have entered into a Participation Agreement dated as of March 15, 2003, as such agreement may be amended from time to time (the “Participation Agreement”); and
WHEREAS, the Company, the Fund, the Underwriter, and the Adviser wish to amend the Participation Agreement in certain respects.
NOW, THEREFORE, 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, the Underwriter, and the Adviser agree to amend the Participation Agreement as follows:
1. Schedule A of the Participation Agreement is unchanged but restated in its entirety in the attached Schedule A.
2. Schedule B of the Participation Agreement is deleted and replaced in its entirety with the attached Schedule B.
3. Except as 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.
4. This Amendment may be amended only by written instrument executed by each party hereto.
5. This Amendment shall be effective as of the date written above.
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.
COLUMBUS LIFE INSURANCE COMPANY
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By: |
/s/ X.X. Xxxxxx |
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Name: X.X. Xxxxxx |
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Title: President and Chief Executive Officer |
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THE UNIVERSAL INSTITUTIONAL FUNDS, INC. |
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By: |
/s/ Xxxxxx X. Xxxxxxxx |
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Name: Xxxxxx X. Xxxxxxx |
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Title: President |
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XXXXXX XXXXXXX DISTRIBUTION, INC. |
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By: |
/s/ Xxxxxxx Pl. Xxxxx |
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Name: Xxxxxxx X. Xxxxx |
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Title: President |
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XXXXXX XXXXXXX INVESTMENT MANAGEMENT INC. |
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By: |
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Name: Xxxxxx X. Xxxxxxx |
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Title: Managing Director |
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SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
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Name of Separate Account and |
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Form Number and Name of |
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Date Established by Board of Directors |
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Contract Funded by Separate Account |
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Columbus Life Insurance Company Separate |
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CL 79 0203, Legacy Survivorship Variable Universal Life |
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Account 1, established September 10, 1998 |
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CL 75 0101, Pinnacle Variable Universal Life |
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CL 84 0503, Pinnacle II Variable Universal Life |
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SCHEDULE B
PORTFOLIOS OF THE UNIVERSAL INSTITUTIONAL FUNDS, INC.
AVAILABLE UNDER THIS AGREEMENT
Emerging Markets Equity Portfolio – Class II Shares
U.S. Mid Cap Value Portfolio – Class II Shares
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