Exhibit (h)(6)(h)
AMENDMENT NO. 1 TO AMENDED AND RESTATED
ADMINISTRATIVE SERVICES AGREEMENT
Franklin Xxxxxxxxx Services, LLC
American General Life Insurance Company of Delaware
(formerly "AIG Life Insurance Company")
THIS AMENDMENT is made by and between Franklin Xxxxxxxxx Services, LLC (the
"Fund Administrator") and American General Life Insurance Company of Delaware
(formerly "AIG Life Insurance Company") (the "Company").
WHEREAS, The Company and the Fund Administrator have entered into an Amended
and Restated Administrative Services Agreement, dated as of February 20, 2009,
as may be amended from time to time (the "Agreement"), concerning certain
administrative services with respect to each series ("Fund" or "Funds") of
Franklin Xxxxxxxxx Variable Insurance Products Trust (the "Trust") listed on
the Schedule B of the Agreement;
WHEREAS, AIG Life Insurance Company changed its name to American General
Life Insurance Company of Delaware effective as of December 8, 2009.
WHEREAS, the Company and the Fund Administrator wish to amend the Agreement
for the purpose of reflecting the Company's name change, and updating schedules
of the Agreement.
NOW, THEREFORE, in consideration of past and prospective business relations,
the Fund Administrator and the Company hereby amend the Agreement as follows:
1. The name of AIG Life Insurance Company was changed to American General Life
Insurance Company of Delaware effective as of December 8, 2009. All prior
references to AIG Life Insurance Company in this Agreement and prior amendments
shall hereafter mean American General Life Insurance Company of Delaware.
2. Schedules A, B and C of the Agreement are hereby deleted in their entirety
and replaced with the Schedules A, B and C attached hereto.
2. All other terms and provisions of the Agreement not amended herein shall
remain in full force and effect.
This Amendment is executed as of August 28, 2012.
FRANKLIN XXXXXXXXX SERVICES, LLC
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------
Name: Xxxxxx X. Xxxxxx
Title: Vice President
AMERICAN GENERAL LIFE INSURANCE
COMPANY OF DELAWARE
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------
Name: Xxxxxx X. Xxxxxx
Title: SVP
Attest: /s/ Xxxxxx x.Xxxxx
-----------------------------
Name: Xxxxxx x.Xxxxx
Title: Assistant secretary
[Corporate Seal]
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SCHEDULE A
ADMINISTRATIVE SERVICES
-----------------------
MAINTENANCE OF BOOKS AND RECORDS
--------------------------------
.. Assist as necessary to maintain book entry records on behalf of the Funds
regarding issuance to, transfer within (via net purchase orders) and
redemption by the Accounts of Fund shares.
.. Maintain general ledgers regarding the Accounts' holdings of Fund shares,
coordinate and reconcile information, and coordinate maintenance of ledgers
by financial institutions and other contract owner service providers.
COMMUNICATION WITH THE FUNDS
----------------------------
.. Serve as the designee of the Funds for receipt of purchase and redemption
orders from the Account and to transmit such orders, and payment therefore,
to the Funds.
.. Coordinate with the Funds' agents respecting daily valuation of the Funds'
shares and the Accounts' units.
.. Purchase Orders
- Determine net amount available for investment in the Funds.
- Deposit receipts at the Funds' custodians (generally by wire transfer).
- Notify the custodians of the estimated amount required to pay dividends
or distributions.
.. Redemption Orders
- Determine net amount required for redemptions by the Funds.
- Notify the custodian and Funds of cash required to meet payments.
.. Purchase and redeem shares of the Funds on behalf of the Accounts at the
then-current price in accordance with the terms of each Fund's then current
prospectus.
.. Assistance in enforcing procedures adopted on behalf of the Trust to reduce,
discourage, or eliminate market timing transactions in a Fund's shares in
order to reduce or eliminate adverse effects on a Fund or its shareholders.
PROCESSING DISTRIBUTIONS FROM THE FUNDS
---------------------------------------
.. Process ordinary dividends and capital gains.
.. Reinvest the Funds' distributions.
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REPORTS
-------
.. Periodic information reporting to the Funds, including, but not limited to,
furnishing registration statements, prospectuses or private offering
memorandum, statements of additional information, reports, solicitations for
instructions, disclosure statements, sales or promotional materials and any
other filings with the Securities and Exchange Commission with respect to
the Accounts invested in the Funds, if necessary.
.. Periodic information reporting about the Funds to contract owners, including
necessary delivery of the Funds' prospectus and annual and semi-annual
reports.
FUND-RELATED CONTRACT OWNER SERVICES
------------------------------------
.. Maintain adequate fidelity bond or similar coverage for all Company
officers, employees, investment advisors and other individuals or entities
controlled by the Company who deal with the money and/or securities of the
Funds.
.. Provide general information with respect to Fund inquiries (not including
information about performance or related to sales).
.. Provide information regarding performance of the Funds.
.. Oversee and assist the solicitation, counting and voting of contract owner
pass-through voting interests in the Funds pursuant to Fund proxy statements.
OTHER ADMINISTRATIVE SUPPORT
----------------------------
.. Provide other administrative and legal compliance support for the Funds as
mutually agreed upon by the Company and the Funds or the Fund Administrator.
.. Relieve the Funds of other usual or incidental administrative services
provided to individual contract owners.
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SCHEDULE B
ADMINISTRATIVE EXPENSE PAYMENTS
-------------------------------
The Fund Administrator agrees to pay the Company a fee, computed daily and paid
quarterly in arrears, equal to an annual rate as set forth below, applied to
the average daily net assets of the shares of the Funds held in the subaccounts
of the Accounts. The payment will be computed and paid in the manner described
more completely in the Agreement.
DATE OF
BEGINNING OF
PERIOD FOR
PRODUCT NAME/ FUNDS OF THE FEE COMPUTATION
# COMPANY NAME SECURITIES ACT NO. TRUST RATE OF FEE
- -------------- -------------------- ---------------- ---- ------------
1. American (Group VUL) Xxxxxxxxx
General Life [Representative Developing
Insurance Form Numbers: Markets
Company of 11GVUL0495, Securities
Delaware 11GVUL0197] Fund - Class 1
2. American Individual (VUL) Xxxxxxxxx
General Life [Representative Developing
Insurance Form Number: Markets
Company of 11PVUL0996] Securities Fund
Delaware - Class 1
3. American (Joint VUL) Xxxxxxxxx
General Life [Representative Developing
Insurance Form Numbers: Markets
Company of 11JVUL0197, Securities Fund
Delaware 11FJVUL0798] - Class 1
4. American -Excess Interest Templeton
General Life Life Insurance Developing
Insurance Policy Markets
Company of -Variable Life Securities Fund
Delaware Insurance Rider - Class 1
[Representative
Form Numbers:
52221 (7/91),
12PVUL1098]
5. American (Group Templeton
General Life VUL)/Gemstone; Developing
Insurance [SEC Registration Markets
Company of Number: 333-71753; Securities Fund
Delaware Representative Form - Class 1
Numbers: 11VUL399G,
16VUL399G, 11VUL399]
6. American (PPVUL)/Premier; Xxxxxxxxx
General Life Form 02055/6 Developing
Insurance Markets
Company of Securities Fund
Delaware - Class 1
7. American (PPVA)/Premier Templeton
General Life PPVA; Form 05060 Developing
Insurance Markets
Company of Securities Fund
Delaware - Class 1
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SCHEDULE C
ADDRESSES FOR NOTICES
If to the Company: American General Life Insurance
Company of Delaware
0000 Xxxxx Xxxxxxx, X0-00
Xxxxxxx, Xxxxx 00000
Attention: General Counsel
If to the Fund Administrator: Franklin Xxxxxxxxx Services, LLC
Xxx Xxxxxxxx Xxxxxxx, Xxxx. 000, 0xx
Xxxxx
Xxx Xxxxx, Xxxxxxxxxx 00000
Attention: Xxxxx Xxxxxxxx
With a copy to: Franklin Xxxxxxxxx Investments
One Franklin Parkway, Bldg. 000, 0xx
Xxxxx
Xxx Xxxxx, Xxxxxxxxxx 00000
Attention: General Counsel
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