EX-99.B(E)NWPARTAMEN 7 g_nwpartamend121107.htm AMENDMENT 2 TO NW PARTICIPATION AGREEMENT

         EX-99.B(e)nwpartamend2

 

AMENDMENT TO

FUND PARTICIPATION AGREEMENT

THIS FIRST AMENDMENT TO THE FUND PARTICIPATION AGREEMENT ("Amendment"), made and entered into as of the 11th day of December, 2007, shall amend the Fund Participation Agreement dated December 1, 2000 ("Agreement"). The Agreement was made by and among NATIONWIDE LIFE INSURANCE COMPANY and/or NATIONWIDE LIFE AND ANNUITY INSURANCE COMPANY (separately or collectively "Nationwide"), on behalf of the current and any future Nationwide separate accounts as applicable ("Variable Accounts") as listed on Exhibit A and WADDELL & REED SERVICES COMPANY ("WRSCO") and WADDELL & REED, INC. ("W&R, INC") which serve respectively as the accounting services/shareholder servicing agent and the distributor to the W&R TARGET FUNDS (the "Funds") listed on Exhibit A.

WHEREAS, the parties have entered into a Fund Participation Agreement dated December 1, 2000, as subsequently amended ("Agreement"); and

WHEREAS, the parties desire to correct and update the parties to the Agreement; and

WHEREAS, the parties have agreed to make additional Funds available as investment options.

NOW, THEREFORE, the parties agree as follows:

1.

The prior Exhibit A shall be deleted in its entirety and replaced with the current Exhibit A attached hereto.

   

2.

A list of Nationwide Financial Services, Inc. life insurance subsidiaries ("Life Subsidiaries") is added to Exhibit A. Nationwide Financial Services, Inc. is substituted for Nationwide Life Insurance Company and/or Nationwide Life and Annuity Insurance Company as a party to the Agreement, on behalf of itself and the Life Subsidiaries.

   

3.

W&R Target Funds, Inc. is named as a party to the Agreement in its caption, effective as of the original effective date of the Agreement.

   

4.

All other terms and provisions of the Agreement not amended herein shall remain in full force and effect.

 

IN WITNESS WHEREOF, this Amendment is made effective as of the date first above written.

     
WADDELL & REED, INC.   WADDELL & REED SERVICES COMPANY
     

By:

 

By:

Michael D. Strohm

 

Michael D. Strohm

Chief Executive Office

 

President

     
     
W&R TARGET FUNDS, INC.    
     

By:

   

Henry J. Herrmann

   

President

   
     
     
     
NATIONWIDE FINANCIAL SERVICES, INC.,
on behalf of itself and
NATIONWIDE LIFE INSURANCE COMPANY
and
NATIONWIDE LIFE AND ANNUITY INSURANCE COMPANY
     

By:

   

Karen R. Colvin

   

Attorney-in-Fact

   
     
     

 

 

 

FUND PARTICIPATION AGREEMENT
EXHIBIT A -- AMENDMENT 6
 

This Amendment 6 to Exhibit A corresponds to the Fund Participation agreement dated

December 1, 2000 and is effective December 11, 2007

 
 
Subsidiary Life Insurance Companies
 

Nationwide Life Insurance Company

Nationwide Life and Annuity Insurance Company

Nationwide Life Insurance Company of America

Nationwide Life and Annuity Company of America

 
FUNDS:
 

ALL TARGET FUNDS

 
NATIONWIDE VARIABLE ACCOUNTS:
 

Nationwide Variable Account

Nationwide Variable Account-- II

Nationwide Variable Account-3

Nationwide Variable Account-4

Nationwide Variable Account-5

Nationwide Variable Account-6

Nationwide Variable Account-7

Nationwide Variable Account-8

Nationwide Variable Account-9

Nationwide Variable Account-10

Nationwide Variable Account-11

Nationwide Variable Account-12

Nationwide Variable Account-13

Nationwide Variable Account-14

Nationwide Variable Account-15

Nationwide Variable Account-16

Nationwide Variable Account-17

Multi-Flex Variable Account

Nationwide VA Separate Account-A

Nationwide VA Separate Account-B

Nationwide VA Separate Account-C

Nationwide VA Separate Account-D

Nationwide VLI Separate Account

Nationwide VLI Separate Account-2

Nationwide VLI Separate Account-3

Nationwide VLI Separate Account-4

Nationwide VLI Separate Account-5

Nationwide VLI Separate Account-6

Nationwide VL Separate Account

Nationwide VL Separate Account-A

Nationwide VL Separate Account-B

Nationwide VL Separate Account-C

Nationwide VL Separate Account-D

Nationwide Private Placement Variable Account

Nationwide Private Placement Variable Account-2

Nationwide DC Variable Account

Nationwide DC Variable Account-II

NACo Variable Account

Nationwide Governmental Plans Variable Account

Nationwide Governmental Plans Variable Account-II

Nationwide Qualified Plans Variable Account

Ohio DC Variable Account

 

     
     
WADDELL & REED, INC.   WADDELL & REED SERVICES COMPANY
     

By:

 

By:

Michael D. Strohm

 

Michael D. Strohm

Chief Executive Office

 

President

     
     
W&R TARGET FUNDS, INC.   NATIONWIDE FINANCIAL SERVICES, INC.,
    on behalf of itself and

By:

  NATIONWIDE LIFE INSURANCE

Henry J. Herrmann

  COMPANY

President

  and NATIONWIDE LIFE AND ANNUITY
    INSURANCE COMPANY
     
   

By:

   

Karen R. Colvin

   

Attorney-in-Fact