Exhibit (8)(o)(vii)
Amendment No. 4
THIS AMENDMENT No. 4 to the Participation Agreement is made as of November 18,
2010, by and between Rydex Variable Trust (the "Trust"), Rydex Distributors, LLC
(formerly, Rydex Distributors, Inc., and referred to herein as the
"Underwriter") and Jefferson National Life Insurance Company (the "Company");
WHEREAS, The Trust, Underwriter and Company are parties to a Participation
Agreement dated March 24, 2000, as amended April 13, 2004 and November 1, 2006,
and May 14, 2010 (the "Agreement"); and
WHEREAS, the parties to the Agreement desire to add certain series of SBL Fund
(the "Fund") as investment options for purchase by the Company, on behalf of its
separate accounts; and
WHEREAS, the parties hereby agree that the Underwriter will make available for
purchase by the Company shares of the Fund on Friday, November 19, 2010; and
WHEREAS, a new participation agreement has been drafted to replace the existing
Agreement, which will include all amendments made to-date and also will include
the Fund; and
WHEREAS, the parties agree to review and finalize the new participation
agreement on mutually agreeable terms as promptly as reasonably possible, and
agree that the terms of the existing Agreement will apply to the purchase and
redemption of the Fund until the earliest date the new agreement can be entered
into.
NOW, THEREFORE, in consideration of the mutual promises set forth herein the
parties hereto agree as follows:
1. Shares of the Series of the Fund as are specified in the attached
Exhibit A shall be available for purchase by the Company as of
Friday, November 19, 2010. Each of these shall be considered "Funds"
for purposes of the Agreement.
2. The parties will make commercially reasonable efforts to enter into
a new participation agreement on mutually agreeable terms as soon as
reasonably possible.
3. In the event of a conflict between the terms of this Amendment and
the Agreement, it is the intention of the parties that the terms of
this Amendment shall control and the Agreement shall be interpreted
on that basis. To the extent the provisions of the Agreement have
not been amended by this Amendment, the parties hereby confirm and
ratify the Agreement.
4. This Amendment may be executed in two or more counterparts, each of
which shall be an original and all of which together shall
constitute one instrument.
IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 4 as of the
date first above written.
JEFFERSON NATIONAL LIFE RYDEX DISTRIBUTORS, LLC
INSURANCE COMPANY
By: By:
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Name: Name:
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Title: Title:
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RYDEX VARIABLE TRUST
By:
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Name:
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Title:
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EXHIBIT A
The available series of SBL Fund available pursuant to this Amendment to the
Agreement are:
Series A (Large Cap Core Series)
Series B (Large Cap Value Series)
Series C (Money Market Series) - not available
Series D (Global Series)
Series E (U.S. Intermediate Bond Series)
Series J (Mid Cap Growth Series)
Series N (Managed Asset Allocation Series)
Series O (All Cap Value Series)
Series P (High Yield Series)
Series Q (Small Cap Value Series)
Series V (Mid Cap Value Series) - not available
Series X (Small Cap Growth Series)
Series Y (Large Cap Concentrated Growth Series)
Series Z (Alpha Opportunity Series) - not available
