AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
AMENDMENT No. 1, dated as of December 23, 2020 to the Participation Agreement, (the “Agreement”), dated May 1, 2003, by and among Equitable Financial Life Insurance Company of America, formerly known as MONY Life Insurance Company of America (the “Company”), an Arizona stock life insurance company, ProFunds, a Delaware business trust, and ProFund Advisors LLC (the “Advisor”), a Maryland limited liability company (collectively, the “Parties”).
RECITALS
WHEREAS, the Parties wish to add a new Separate Account to Schedule A of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, which consideration is full and complete, the Parties hereby agree to supplement and amend the Participation Agreement as follows:
| 1. | Schedule A. Schedule A of the Agreement is hereby deleted in its entirety and replaced with the attached Schedule A. |
| 2. | Governing Law. THIS AMENDMENT, INCLUDING THE FORMATION, BREACH, TERMINATION, VALIDITY, INTERPRETATION AND ENFORCEMENT THEREOF, AND ALL TRANSACTIONS CONTEMPLATED BY THIS AMENDMENT, SHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO PRINCIPLES OR RULES OF CONFLICT OF LAWS, TO THE EXTENT SUCH PRINCIPLES OR RULES WOULD PERMIT OR REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. |
Except as modified and amended hereby, the Agreement is hereby ratified and confirmed in full force and effect in accordance with its terms.
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IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed as of the date first above written.
Equitable Financial Life Insurance Company of America, on behalf of itself and each Separate Account
| By: |
|
| Print Name: | Xxxxxxx Xxxxxxxxx |
| Title: | Senior Vice President | |
| Date: | 12/23/2020 | 11:56 AM EST |
ProFunds
| By: |
|
| Print Name: | Xxxx X. Xxxxxxx |
| Title: | President | |
| Date: | December 23, 2020 |
ProFund Advisors LLC
| By: |
|
| Print Name: | Xxxxxxx X. Xxxxx |
| Title: | Chief Executive Officer | |
| Date: | December 23, 2020 |
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SCHEDULE A
Equitable Financial Life Insurance Company of America
Separate Accounts and Associated Contracts
| Name of Separate Account
|
Contracts Funded by Separate Account
| |
| Equitable America Variable Account L | All Contracts | |
| Equitable America Variable Account A | All Contracts | |
| Equitable America Variable Account P | All Contracts | |
| Equitable America Variable Account K | All Contracts | |
| Equitable America Variable Account 70A | All Contracts |
Portfolios
ProFund VP Asia 30
ProFund VP Bull
ProFund XX Xxx 30
ProFund VP Europe 30
ProFund VP International
ProFund VP Japan
ProFund VP Large-Cap Growth
ProFund VP Large-Cap Value
ProFund VP Mid-Cap
ProFund VP Mid-Cap Growth
ProFund VP Mid-Cap Value
ProFund VP NASDAQ-100
ProFund VP Small-Cap
ProFund VP Small-Cap Growth
ProFund VP Small-Cap Value
ProFund VP Emerging Markets
ProFund VP UltraBull
ProFund VP UltraMid-Cap
ProFund VP UltraNASDAQ-100
ProFund VP UltraSmall-Cap
ProFund VP Bear
ProFund VP Short Dow 30
ProFund VP Short Emerging Markets
ProFund VP Short International
ProFund VP Short Mid-Cap
ProFund VP Short NASDAQ-100
ProFund VP Short Small-Cap
ProFund VP Ultrashort Dow 30
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ProFund VP Ultrashort NASDAQ-100
ProFund XX Xxxxx
ProFund VP Basic Materials
ProFund VP Biotechnology
ProFund VP Consumer Goods
ProFund VP Consumer Services
ProFund VP Financials
ProFund VP Health Care
ProFund VP Industrials
ProFund VP Internet
ProFund VP Oil & Gas
ProFund VP Pharmaceuticals
ProFund VP Precious Metals
ProFund VP Real Estate
ProFund VP Semiconductor
ProFund VP Technology
ProFund VP Telecommunications
ProFund VP Utilities
ProFund VP Falling U.S. Dollar
ProFund VP Rising Rates Opportunity
ProFund VP U.S. Government Plus
ProFund VP Money Market
Access VP High Yield Fund
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