SECOND AMENDMENT TO THE PARTICIPATION AGREEMENT
This Amendment No. 2, effective as of March 6, 2017, amends the Participation
Agreement (as previously amended May 1, 2010, the "Agreement") dated the 23rd
day of February, 2006, by and among BRIGHTHOUSE LIFE INSURANCE COMPANY OF NY
(fka First MetLife Investors Insurance Company, the "Company"), on behalf of
itself and certain of its segregated asset accounts listed in Schedule I
hereto; XXXXXXXXXXX VARIABLE ACCOUNT FUNDS (the "Fund"); and OPPENHEIMERFUNDS,
INC. (the "Adviser"). All capitalized terms used herein and not otherwise
defined shall have the meaning ascribed such terms in the Agreement.
WHEREAS, on March 6, 2017, the Company changed its name to Brighthouse Life
Insurance Company of NY;
WHEREAS, the parties desire to amend the Agreement to update the address of the
Company in Article IX;
WHEREAS, the parties desire to revise the list of Separate Accounts and
associated Contracts in Schedule I to reflect name changes resulting from
Company's name change and to add the Brighthouse Prime Options contract;
WHEREAS, Company, Fund, and Adviser desire to amend the Agreement;
NOW, THEREFORE, in consideration of the foregoing and of mutual covenants and
conditions set forth herein and for other good and valuable consideration, each
of the parties agrees to amend the agreement as follows:
1. Article IX is amended to read, in relevant part, as follows:
"If to the Company:
Brighthouse Life Insurance Company of NY
Xxx Xxxxxxxxx Xxxxxx, 00xx Xxxxx
Xxxxxx, XX 00000
Attn: The Law Group
2. Schedule I of the Agreement is hereby deleted in its entirety and replaced
with Schedule I attached hereto.
Except as expressly supplemented, amended or consented to hereby, all of the
representations and conditions of the Agreement will remain unamended and will
continue to be in full force and effect.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment No. 2
to the Agreement to be executed in its name and on its behalf by and through
their duly authorized officers signing below.
FIRST METLIFE INVESTORS INSURANCE
COMPANY (TO BE RENAMED BRIGHTHOUSE
LIFE INSURANCE COMPANY OF NY AS OF
MARCH 6, 2017)
(ON BEHALF OF ITSELF AND EACH SEPARATE ACCOUNT)
By: /s/ Xxxxxxx X. Xxxxxx
--------------------------------------
Name: Xxxxxxx X. Xxxxxx
Title: Vice President
XXXXXXXXXXX VARIABLE ACCOUNT FUNDS
By: /s/ Xxxxx Xxxxxxxx
--------------------------------------
Name: Xxxxx Xxxxxxxx
Title: Treasurer
OPPENHEIMERFUNDS, INC.
By: /s/ Xxxx Xxxxxx
--------------------------------------
Name: Xxxx Xxxxxx
Title: SVP, OFDI
SCHEDULE I
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SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
CONTRACTS FUNDED BY SEPARATE
SEPARATE ACCOUNTS ACCOUNT
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Brighthouse Variable Annuity Account B PrimElite IV
Brighthouse Prime Options
