THIRD AMENDMENT TO AMENDED AND RESTATED PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
THIRD AMENDMENT TO AMENDED AND RESTATED PARTICIPATION
AGREEMENT
Regarding
FUND SHAREHOLDER REPORTS
AND OTHER REQUIRED MATERIALS
Equitable Financial Life Insurance Company of America, formerly known as MONY Life Insurance Company of America (the Company”), an Arizona stock life insurance company, MFS Variable Insurance Trust and MFS Variable Insurance Trust II (individually, the “Trust” and collectively, the “Trusts”), each a Massachusetts business trust and MFS Fund Distributors, Inc. (the “Distributor), a Delaware corporation, entered into a certain amended and restated participation agreement dated March 15, 2010 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January 8, 2021, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Trusts and the Distributor (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the definitions ascribed to them in the Agreement.
RECITALS
WHEREAS, on or prior to June 15, 2020, the name of the Company changed from MONY Life Insurance Company of America to Equitable Financial Life Insurance Company of America;
WHEREAS, the Parties wish to add a new Account and update the names of the current Accounts listed in Schedule A of the Participation Agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, which consideration is full and complete, the Company, the Trusts and the Distributor hereby agree to supplement and amend the Participation Agreement as follows:
1. | Schedule A of the Participation Agreement is hereby deleted in its entirety and replaced with the attached Schedule A. |
IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed as of the date first above written.
The Company:
Equitable Financial Life Insurance Company of America, on behalf of itself and each Account
By: |
| |
Print Name: | Xxxxxxx Xxxxxxxxx | |
Title: | Senior Vice President | |
Date: | 1/8/2021 | 10:13 AM EST |
The Trust:
MFS Variable Insurance Trust
By: | Xxxxxxx, Xxxxx Digitally signed by Xxxxxxx, Xxxxx | |
|
Date: 2021.01.15 11:30:30 -05’00’ | |
Print Name: | Xxxxx X. Xxxxxxx | |
Title: | Assistant Secretary | |
Date: | 1/15/2021 |
The Trust:
MFS Variable Insurance Trust II
By: | Xxxxxxx, Xxxxx Digitally signed by Xxxxxxx, Xxxxx | |
|
Date: 2021.01.15 11:30:30 -05’00’ | |
Print Name: | Xxxxx X. Xxxxxxx | |
Title: | Assistant Secretary | |
Date: | 1/15/21 |
The Distributor:
MFS Fund Distributors, Inc.
By: |
| |
Print Name: | Xxxxxxx Xxxxxx | |
Title: | President | |
Date: | January 15, 2021 |
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SCHEDULE A
ACCOUNTS, POLICIES, AND PORTFOLIOS
SUBJECT TO THE PARTICIPATION AGREEMENT
Name of Separate Account |
Policies Funded
by |
Share Class |
Trust |
Portfolios
Applicable | ||||
Equitable America Variable Account L |
All Contracts | Initial Class and Service Class | VIT I & VIT II | (1) | ||||
Equitable America Variable Account A |
All Contracts | Initial Class and Service Class | VIT I & VIT II | (1) | ||||
Equitable America Variable Account P |
All Contracts | Initial Class and Service Class | VIT I & VIT II | (1) | ||||
All Contracts | Initial Class and Service Class | VIT I & VIT II | (1) | |||||
Equitable America Variable Account 70A |
All Contracts | Initial Class and Service Class | VIT I & VIT II | (1) |
(1) Portfolios Applicable to Policies:
VIT I |
VIT II | |
MFS Global Equity Series |
MFS Blended Research Core Equity Portfolio | |
MFS Growth Series |
MFS Core Equity Portfolio | |
MFS Investors Trust Series |
MFS Corporate Bond Portfolio | |
MFS Mid Cap Growth Series |
MFS Emerging Markets Equity Portfolio | |
MFS New Discovery Series |
MFS Global Governments Portfolio | |
MFS Research Series |
MFS Global Growth Portfolio | |
MFS Total Return Bond Series |
MFS Global Research Portfolio | |
MFS Total Return Series |
MFS Global Tactical Allocation Portfolio | |
MFS Utilities Series |
MFS Government Securities Portfolio | |
MFS Value Series |
MFS High Yield Portfolio | |
MFS Income Portfolio | ||
MFS International Growth Portfolio | ||
MFS International Intrinsic Value Portfolio | ||
MFS Massachusetts Investors Growth Stock Portfolio |
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MFS Research International Portfolio | ||
MFS Technology Portfolio | ||
MFS U.S. Government Money Market 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.
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