Amendment to Fund Participation Agreement
EX-28(h)(7)(v)
Amendment to Fund Participation Agreement
This Amendment (the “Amendment”), by and among Lincoln Variable Insurance Products Trust (“Trust”), Lincoln Investment Advisors Corporation, Lincoln Financial Distributors, Inc. and The United States Life Insurance Company in the City of New York (as successor to American International Life Assurance Company of New York), is effective as of March 15, 2021 (the “Effective Date”).
WHEREAS, the parties hereto entered into the Fund Participation Agreement (“FPA”), executed and effective as of June 12, 2009; and
WHEREAS, the parties desire to amend the Agreement to permit the separate accounts to invest in additional funds;
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the parties, intending to be legally bound, agree as follows:
1. | Exhibits A and B shall be deleted in their entirety and replaced with Exhibits A and B attached hereto. |
2. | Unless otherwise defined in this Amendment, all terms used herein shall have the meanings they were ascribed in the Agreement. |
3. | All other terms and conditions of the Agreement remain in effect and are hereby incorporated herein by reference. |
4. | This Amendment may be executed in counterparts, each of which shall be deemed to be an original. |
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed by its duly authorized representative on April __, 2021.
Lincoln Variable Insurance Products Trust |
Lincoln Investment Advisors Corporation | |||
By: /s/ Xxxxxxx X. Xxxxx, Xx. |
By: /s/ Xxxxxx X. Xxxxxxxxxx | |||
Name: Xxxxxxx X. Xxxxx, Xx. |
Name: Xxxxxx X. Xxxxxxxxxx | |||
Title: Vice President and CAO |
Title: President | |||
Date: |
Date: |
Lincoln Financial Distributors, Inc. | The United States Life Insurance | |||||||
Company in the City of New York | ||||||||
By: | /s/ Xxxx X. Xxxxxxx | By: | /s/ Xxx Xxxxxx | |||||
Name: | Xxxx X. Xxxxxxx | Name: | Xxx Xxxxxx | |||||
Title: | Chief Executive Officer; President | Title: | Senior Vice President | |||||
Date: | 04/23/2021 | Date: | 4/26/2021 | |||||
ATTEST: | ||||||||
By: | /s/ Xxxxxxxx Xxxxxx |
Name: | Xxxxxxxx Xxxxxx | |||||||
Title: | Assistant Secretary | |||||||
Date: | 4/26/2021 |
Exhibit A
Funds
Effective as of March 15, 2021
The currently available Funds of the Trust are:
LVIP BlackRock Advantage Allocation Fund
LVIP Delaware Diversified Income Fund
LVIP Delaware High Yield Fund
LVIP Delaware Limited-Term Diversified Income Fund
LVIP Delaware REIT Fund
LVIP Delaware XXXX Cap Core Fund
LVIP Delaware U.S. Growth Fund
LVIP Delaware Value Fund
Exhibit B
Separate Accounts of the Company Registered Under the 1940 Act as Unit Investment Trusts
The following separate accounts are subject to this Agreement:
All registered and unregistered separate accounts utilizing the Trust Funds.
Variable Annuity Contracts and Variable Life Insurance Contracts Registered Under the Securities Act of 1933
The following contracts are subject to this Agreement:
All registered and unregistered contracts and policies funded by the Separate Accounts.