AMENDMENT TO FUND PARTICIPATION AGREEMENT
AMENDMENT TO FUND PARTICIPATION AGREEMENT
THIS AMENDMENT TO FUND PARTICIPATION AGREEMENT is made as of this day of , 2011, by and among DWS Variable Series I, DWS Investment Distributors, Inc., Deutsche Investment Management Americas Inc. and First Great-West Life & Annuity Insurance Company (“First Great-West”) ( collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
RECITALS
WHEREAS, the Parties entered into to a Fund Participation Agreement dated May 1, 1999, as amended, (the “Agreement”); and
WHEREAS, the Parties desire to add additional First Great-West separate accounts to the Agreement; and
WHEREAS, the Parties desire and agree to amend the Agreement by deleting in its entirety Schedule A of the Agreement and replacing it with the Schedule A attached hereto.
WHEREAS, the Parties to the Agreement desire to add additional portfolio investment options to the Account; and
WHEREAS, the Parties desire and agree to amend the Agreement by deleting in its entirety Schedule B of the Agreement and replacing it with the Schedule B attached hereto.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the Parties hereby amend the Agreement as follows:
1. The first paragraph of the Agreement is deleted in its entirety and replaced with the following:
“THIS AGREEMENT, made and entered into as of this 1st day of May, 1999 by and among FIRST GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY (hereinafter “FGWL&A”), a New York life insurance company, on its own behalf and on behalf of its separate accounts described in Schedule A (the “Account(s)”);
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DWS VARIABLE SERIES I, a Massachusetts business trust organized under the laws of Massachusetts (hereinafter, the “Fund”); DWS INVESTMENTS DISTRIBUTORS, INC. (the “Underwriter”), a Delaware corporation, and DEUTSCHE INVESTMENT MANAGEMENT AMERICAS INC., a Delaware corporation (the “Adviser”).
2. Schedule A is hereby deleted in its entirety and replaced with the Schedule A attached hereto; and
3. Schedule B is hereby deleted in its entirety and replaced with the Schedule B attached hereto; and
4. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day of , 2011.
FIRST GREAT-WEST LIFE AND ANNUITY INSURANCE COMPANY | ||||
By its authorized officer, | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: |
||||
Title: |
||||
Date: |
||||
DWS VARIABLE INVESTMENT SERIES I | ||||
By its authorized officer, | ||||
By: | /s/ Xxxx Xxxxx | |||
Name: |
Xxxx Xxxxx | |||
Title: |
Asst. Secretary | |||
Date: |
2
DWS INVESTMENTS DISTRIBUTORS, INC.
By its authorized officer, | ||
By: | /s/ Xxxxxxx Xxxxx | |
Name: |
Xxxxxxx Xxxxx | |
Title: |
CEO | |
Date: |
12/13/11 | |
By: | /s/ Xxxxx Xxxxxxx | |
Name: |
Xxxxx Xxxxxxx | |
Title: |
COO | |
Date: |
12/13/11 |
DEUTSCHE INVESTMENT MANAGEMENT AMERICAS INC.,
By its authorized officer, | ||
By: | /s/ Xxxxx Xxxxxxx | |
Name: |
Xxxxx Xxxxxxx | |
Title: |
COO | |
Date: |
12/13/11 | |
By: | /s/ [unintelligible] | |
Name: |
[unintelligible] | |
Title: |
Director | |
Date: |
3
SCHEDULE A
Separate Accounts
Name of Separate Accounts
First Great-West Life & Annuity Insurance Company Accounts:
Variable Annuity-1 Series Account
Variable Annuity-2 Series Account
SCHEDULE B
Authorized Funds
Any Portfolios which are available and open to new investors on or after the effective date of this Agreement.