ADDENDUM TO PARTICIPATION AGREEMENT
EXHIBIT (8)(m)(3)
ADDENDUM TO PARTICIPATION AGREEMENT (MFS)
ADDENDUM TO PARTICIPATION AGREEMENT
The Participation Agreement made and entered into as of the 1st day of October 2010 by and among MFS VARIABLE INSURANCE TRUST, MFS VARIABLE INSURANCE TRUST II, MFS FUND DISTRIBUTORS, INC., and TRANSAMERICA LIFE INSURANCE COMPANY, as amended to date (the “Participation Agreement”), is hereby amended as follows effective as of March 28th, 2015:
WHEREAS, the parties desire to add an open-end management investment company for which MFD serves as principal underwriter.
NOW, THEREFORE, in consideration of the above premises and mutual covenants set forth herein, the Company, the Trusts and MFD hereby agree as follows:
| 1. | MFS VARIABLE INSURANCE TRUST III, a Delaware statutory trust (“Trust III”) is hereby added as a party and all references to “Trust(s)” now include, as the context may require, Trust III. Trust III hereby agrees to be bound by all terms and conditions set forth in the Agreement, as amended hereby. |
| 2. | Article XIII, “Notices,” is hereby restated in its entirety as follows: |
ARTICLE XII. NOTICES
Any notice shall be sufficiently given when sent by registered or certified mail, overnight courier, email or facsimile to the other party at the address of such party set forth below or at such other address as such party may from time to time specify in writing to the other party.
If to Trusts:
MFS Variable Insurance Trust I, MFS Variable Insurance Trust II and MFS Variable Insurance Trust III
000 Xxxxxxxxxx Xxxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
email: XXXXXXxxxxxXxx@XXX.xxx
Facsimile No.: (000) 000-0000
Attn: Xxxxx X. Xxxxxx, Assistant Secretary
If to Company:
Transamerica Life Insurance Company
0000 Xxxxxxxx Xx XX
Xxxxx Xxxxxx, XX 00000
Attn: I&R General Counsel
If to MFD:
MFS Fund Distributors, Inc.
000 Xxxxxxxxxx Xxxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
email: XXXXXXxxxxxXxx@XXX.xxx
Attn: General Counsel
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| 3. | The first sentence of Section 14.8 is hereby restated as follows: |
“A copy of Trust I’s and Trust II’s Declaration of Trust is on file with the Secretary of State of The Commonwealth of Massachusetts.”
| 4. | Schedule A is hereby deleted in its entirety and replaced with the Schedule A attached hereto. |
Except as expressly amended hereby, the Participation Agreement shall continue in full force and effect and unamended.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed in its name and on its behalf by its duly authorized representative and its seal to be hereunder affixed hereto as of the date specified above.
| TRANSAMERICA LIFE INSURANCE COMPANY | ||
| By its authorized officer, | ||
| By: | /s/ Xxxx Xxxxxxx | |
| Xxxx Xxxxxxx | ||
| Vice President | ||
| MFS VARIABLE INSURANCE TRUST, | ||
| MFS VARIABLE INSURANCE TRUST II, | ||
| MFS VARIABLE INSURANCE TRUST III, on behalf of the Portfolios | ||
| By its authorized officer and not individually, | ||
| By: | /s/ Xxxxx X. Xxxxxx | |
| Xxxxx X. Xxxxxx | ||
| Assistant Secretary | ||
| MFS FUND DISTRIBUTORS, INC. | ||
| By its authorized officer, | ||
| By: | /s/ Xxxxx X. Xxxxxx | |
| Xxxxx X. Xxxxxx | ||
| President | ||
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Schedule A of the Agreement is hereby deleted in its entirety and replaced with the following:
SCHEDULE A
Effective March 28, 2015
ACCOUNTS, POLICIES AND PORTFOLIOS
SUBJECT TO THE PARTICIPATION AGREEMENT
| Name of Separate Account and Date Established by Board of Directors |
Policies Funded by Separate Account | |
| PFL Corporate Account One August 10, 1998 |
Advantage V and VI | |
| Retirement Builder Variable Annuity Account March 29, 1996 |
Huntington Allstar Select Immediate Income Builder II Portfolio Select Variable Annuity Premier Asset Builder Variable Annuity Privilege Select Variable Annuity Retirement Income Builder II Variable Annuity Retirement Income Builder IV Transamerica Access Variable Annuity Transamerica Preferred Advantage Variable Annuity Transamerica PrincipiumSM Variable Annuity | |
|
January 19, 1990 |
Transamerica LandmarkSM Variable Annuity Transamerica FreedomSM Variable Annuity Transamerica ExtraSM Variable Annuity Transamerica AxiomSM Variable Annuity Transamerica LibertySM Variable Annuity | |
| Separate Account VA-6 June 11, 1996 |
Transamerica Classic® Variable Annuity Transamerica Catalyst® Variable Annuity | |
| Separate Account VA-7 June 11, 1996 |
Transamerica Bounty® Variable Annuity | |
| Separate Account VA-8 June 11, 1996 |
Transmark Optimum Choice® Variable Annuity | |
| Separate Account VA-6 June 11, 1996 |
Transamerica Classic® Variable Annuity Transamerica Catalyst® Variable Annuity | |
| Separate Account VUL A November 20, 1998 |
Legacy Builder Plus | |
| Separate Account VUL-1 October 2, 2008 |
Transamerica Tribute | |
| Separate Account VUL-2 October 2, 2008 |
Transamerica Lineage | |
| Separate Account VUL-4 October 2, 2008 |
TransSurvivor VUL | |
| Separate Account VUL-5 October 2, 2008 |
TransUltra VUL | |
| Separate Account VUL-6 October 1, 2008 |
TransAccumulator VUL TransAccumulator VUL-2 | |
| Transamerica Corporate Separate Account Sixteen June 16, 2003 |
Advantage X | |
| Variable Life Account A July 1, 1999 |
Variable Protector | |
The Separate Account(s) shown on SCHEDULE A may invest in the following Portfolios of the MFS Variable Insurance Trust, MFS Variable Insurance Trust II, and MFS Variable Insurance Trust III:
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PORTFOLIOS SUBJECT TO THE PARTICIPATION AGREEMENT
Portfolios Available to Policies:
| VIT I MFS Global Equity Series MFS Growth Series MFS Investors Trust Series MFS Mid Cap Growth Series MFS New Discovery Series MFS Research Bond Series* MFS Research Series MFS Total Return Series MFS Utilities Series MFS Value Series |
VIT II MFS Blended Research Core Equity Portfolio MFS Bond Portfolio** MFS Core Equity Portfolio MFS Emerging Markets Equity Portfolio MFS Global Governments Portfolio MFS Global Growth Portfolio MFS Global Research Portfolio MFS Global Tactical Allocation Portfolio MFS Government Securities Portfolio MFS High Yield Portfolio MFS International Growth Portfolio MFS International Value Portfolio MFS Massachusetts Investors Growth Stock Portfolio MFS Money Market Portfolio MFS Research International Portfolio MFS Strategic Income Portfolio MFS Technology Portfolio | |
| VIT III
MFS Blended Research Small Cap Equity Portfolio MFS Conservative Allocation Portfolio MFS Global Real Estate Portfolio MFS Growth Allocation Portfolio |
MFS Inflation-Adjusted Bond Portfolio MFS Limited Maturity Portfolio MFS Mid Cap Value Portfolio MFS Moderate Allocation Portfolio MFS New Discovery Value Portfolio | |
and any other Portfolios or series of shares of the Trusts that are available and open to new investors on or after the effective date of this Amendment.
| * | MFS Research Bond Series will be renamed MFS Total Return Bond Series effective April 30th, 2015 |
| ** | MFS Bond Portfolio will be renamed MFS Corporate Bond Portfolio effective April 30th, 2015 |
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