EX-99.26(H)(14)(B) 3 dex9926h14b.txt CONSENT TO ASSIGNMENT OF PARTICIPATION AGREEMENT EFFECTIVE FEBRUARY 1, 2008 CONSENT TO ASSIGNMENT OF PARTICIPATION AGREEMENT RECITALS: 1) Summit Mutual Funds, Inc. ("Fund"), Ameritas Investment Corp. ("AIC"), Phoenix Life Insurance Company ("Life Company") and Phoenix Equity Planning Corporation ("Underwriter") entered into a Participation Agreement, effective February 1, 2008 ("Participation Agreement"). 2) Pursuant to a change in the investment management of the Fund, Calvert Distributors, Inc. ("CDI") has become the Distributor of the Fund, replacing AIC, effective December 12, 2008. 3) Section 8 of the Participation Agreement provides that the Participation Agreement may not be assigned except with the written consent of each Party. IN CONSIDERATION of the above, and of the mutual promises and conditions set forth in the Participation Agreement and this Consent to Assignment, the parties agree as follows: 1) The Fund, AIC, Life Company and Underwriter hereby consent to the assignment of all of the rights and obligations of AIC under the Participation Agreement to CDI, and CDI accepts such assignment. 2) All other provisions of the Participation Agreement shall remain unchanged. 3) The effective date of this Consent to Assignment shall be December 12, 2008. The Fund, AIC, Life Company, Underwriter and CDI have caused this Consent to Assignment to be executed by the following authorized individuals for the purposes expressed herein. Summit Mutual Funds, Inc. Ameritas Investment Corp. By: /s/ William M. Tartikoff By: /s/ Gregory C. Sernett ------------------------------- ------------------------------ Print: William M. Tartikoff Print: Gregory C. Sernett Title: Vice President Title: Vice President Phoenix Life Insurance Company Phoenix Equity Planning Corporation By: /s/ Gina Collopy O'Connell By: /s/ Jeanie Gagnon ------------------------------- ------------------------------ Print: Gina Collopy O'Connell Print: Jeanie Gagnon Title: Senior Vice President Title: Second Vice President Calvert Distributors, Inc. By: /s/ William M. Tartikoff ------------------------------- Print: William M. Tartikoff Title: Senior Vice President