AMENDMENT OF PARTICIPATION AGREEMENT
Exhibit (h)(71)
This Amendment dated as of December 17, 2008 is by and among American General Annuity
Insurance Company, now, by change of name, AIG ANNUITY INSURANCE COMPANY (the “Company”), a
Texas corporation, on its own behalf and on behalf of each separate account of the Company
named in Schedule 1 to Participation Agreement (as defined below), PREMIER VIT (formerly “OCC
Accumulation Trust”), an open-end diversified management investment company organized under
the laws of the State of Massachusetts (the “Fund”), and ALLIANZ GLOBAL INVESTORS DISTRIBUTORS
LLC (successor in interest to OCC Distributors), a Delaware limited liability company (“AGI
Distributors”).
WHEREAS, the Company, the Fund and AGI Distributors have entered into a
Participation Agreement on December 23, 1999 (the “Participation Agreement”); and
WHEREAS, the Company, the Fund and AGI Distributors desire to amend the
Participation Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
1. Anti-Money Laundering. The following provision shall be added to
the Participation Agreement as its last numbered Sub-Section under Section 1 and it shall
be numbered accordingly:
Each party to this Agreement hereby agrees to abide by and comply with all
applicable anti-money laundering laws and regulations including the Money Laundering
Abatement Act and relevant provisions of the USA Patriot Act of 2001. Each party
represents that it has established an Anti-Money laundering Program that complies with
all material aspects of the USA Patriot Act of 2001 and other applicable anti-money
laundering laws and regulations. Each party also hereby agrees to take action to comply
with any new or additional anti-money laundering regulations. The Company will use best
efforts to obtain and verify the requisite information with respect to each investor on
whose behalf the Company is acting with respect to the Fund and the Company agrees to
notify the Underwriter promptly whenever potential indications of suspicious activity
or Office of Foreign Asset Control matches are detected with respect to any such
investor.
2. Reports and Proxy Statements. Section 3.3 is revised to read it
its entirety as follows:
The Fund, at its expense: (a) shall provide the Company with copies of its reports to
shareholders and other communications to shareholders in such quantity as the Company
shall reasonable request; and (b) shall bear the costs of distributing such
communications as well as non-routine materials, such as prospectus supplements and
information
statement materials, to existing contract owners or participants; provided, however, that
upon notification of an upcoming proxy mailing, the Company shall provide to the Fund’s
print/mail vendor a list of client-shareholder addresses as of the requested record date for
inclusion in the proxy mailing. All Fund proxy materials shall be printed and distributed at
the expense of Fund, fund agent or an affiliate.
3. Continuation. Except as set forth above, the Participation Agreement shall
remain in full force and effect in accordance with its terms.
4. Counterparts. This Amendment may be executed in one or more counterparts,
each of which shall be deemed to be an original.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a
duly authorized representative as of the day and year first above written.
AIG ANNUITY INSURANCE COMPANY
By: Name: |
/s/ Xxxxxx X. Xxxx
|
|||
Title:
|
Director, Investments and Administrative Officer | |||
| PREMIER VIT | ||||
By:
|
/s/ Xxxxx Xxxxxxxx | |||
Name:
|
Xxxxx Xxxxxxxx | |||
Title:
|
President and Chief Executive Officer | |||
| ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC | ||||
By:
|
/s/ Xxxxxx Xxxxxx | |||
Name:
|
Xxxxxx Xxxxxx | |||
Title:
|
Managing Director | |||
