FIRST AMENDMENT TO PARTICIPATION AGREEMENT
Exhibit (h)(vii)(a)
FIRST AMENDMENT TO
THIS PARTICIPATION AGREEMENT AMENDMENT is made and entered into as of June 1, 2008 by and among The Guardian Insurance & Annuity Company, Inc., Guardian Investor Services LLC, AllianceBernstein L.P. (formerly, Alliance Capital Management L.P.) (“Adviser”) and AllianceBernstein Investments, Inc. (formerly, Alliance Fund Distributors, Inc.) (“Distributor”).
WHEREAS, the parties have entered into a Participation Agreement dated as of May 1, 2002, as amended (the “Agreement”); and
WHEREAS, the parties now desire to amend that Agreement to update the list of available Portfolios by including an Amended and Restated Schedule A to the Agreement and to update the list of separate accounts by including and Amended and Restated Schedule B to the Agreement.
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein, the parties hereby amend the Agreement as follows:
Schedule A is replaced in its entirety with “Amended and Restated Schedule A, Effective as of June 1, 2008” which is attached to this Amendment; and,
Schedule B is replaced in its entirety with “Amended and Restated Schedule B Effective as of June 1, 2008” which is attached to this Amendment.
IN WITNESS WHEREOF, the undersigned have executed this Participation Agreement Amendment as of the date set forth above.
The Guardian Insurance & Annuity Company, Inc. | AllianceBernstein L.P. | |||||||
By: | By: | |||||||
Name: | Name: | |||||||
Title: | Title: | |||||||
Guardian Investor Services LLC | AllianceBernstein Investments, Inc. | |||||||
By: | By: | |||||||
Name: | Name: | |||||||
Title: | Title: |
AMENDED AND RESTATED
SCHEDULE A
Effective as of June 1, 2008
PORTFOLIOS AVAILABLE UNDER THE CONTRACTS
ALLIANCEBERNSTEIN VARIABLE PRODUCTS SERIES FUND, INC.
AllianceBernstein Large Cap Growth Portfolio (formerly AllianceBernstein Premier Growth Portfolio)– Class B
AllianceBernstein Growth and Income Portfolio – Class B
AllianceBernstein Global Technology Portfolio (formerly AllianceBernstein Technology Portfolio)– Class B
AllianceBernstein Value Portfolio – Class B
AllianceBernstein Real Estate Investment Portfolio – Class B
AllianceBernstein International Value Portfolio – Class B
AMENDED AND RESTATED
SCHEDULE B
Effective as of June 1, 2008
Separate Account A | ||
—Value Guard II Individual and Group Deferred Variable Annuity | 811-03323 | |
Separate Account D | ||
—The Guardian Investor Individual Variable Annuity | 811-05880 | |
Separate Account E | ||
—The Guardian Investor Retirement Asset Manager | 811-08057 | |
Separate Account F | ||
—The Guardian C+C Variable Annuity | 811-09965 | |
—The Guardian CXC Variable Annuity | 333-148736 | |
Separate Account K | ||
— Park Avenue Life 95 | 33-83412 | |
— Park Avenue Life 97 | 333-32101 | |
— PAL Millennium | 333-43682 | |
Separate Account M | ||
— VUL 97 | 333-35681 | |
Separate Account N | ||
—Flexible Solutions VUL | 333-126483 | |
—Flexible Solutions VUL-Gold Series | 333-148736 | |
—Executive Benefit VUL | 333-151073 | |
—VUL Millennium Series | 333-92475 | |
—SVUL Millennium Series | 333-148736 | |
Separate Account S | ||
—The Guardian Investor Income Access Variable Annuity | 333-87468 | |
Separate Account R | ||
—The Guardian Investor Asset Builder Variable Annuity | 333-109483 |