Common use of Amendment of Introductory Paragraph Clause in Contracts

Amendment of Introductory Paragraph. The parties agree that the Introductory Paragraph of the Agreement shall be amended as follows: THIS AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT made and effective as of the 25th day of January, 2005, by and between TRANSAMERICA CAPITAL, INC. (“TCI”), an Iowa corporation, and TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY (“TFLIC”), a New York Corporation, (TFLIC is the surviving company of the merger of Transamerica Life Insurance Company of New York into AUSA Life Insurance Company, Inc. effective April 1, 2003), on and on its own behalf and on behalf the separate investment accounts of TFLIC set forth in Exhibit A attached hereto and made a part hereof (collectively, the “Account(s)”). All references to the parties throughout the Agreement shall be changed to reflect the new names of the parties to the Agreement.