Exhibit 23(h)(4)(e)
AMENDMENT TO FUND PARTICIPATION AGREEMENT
This Amendment to the Fund Participation Agreement ("Agreement") dated
the 1/st/ day of May, 2003, by and between Lincoln Variable Insurance Products
Trust, an open-end management investment company organized as a Delaware
statutory trust (the "Trust"), and Lincoln Life & Annuity Company of New York,
a New York insurance company (the "Company") is effective as of April 2, 2007,
regardless of when executed.
AMENDMENT
WHEREAS, a merger of Lincoln Life & Annuity Company of New York and
Jefferson Pilot LifeAmerica Insurance Company ("JPLA") is expected to occur on
or about April 2, 2007; and
WHEREAS, effective on or about Xxxxx 0, 0000, XXXX will change its state
of domicile from New Jersey to New York and will change its name to Lincoln
Life & Annuity Company of New York;
WHEREAS, the parties wish to amend Schedule 2 to the Agreement and
replace it in its entirely.
NOW, THEREFORE, in consideration of their mutual promises, the Company,
the Fund and the Adviser agree to amend the Agreement as follows:
1. The parties consent to an assignment of the responsibilities of the
former Lincoln Life & Annuity Company of New York under this Agreement
to the new Lincoln Life & Annuity Company of New York.
2. Schedule 2 of this Agreement shall be deleted and replaced with the
attached Schedule 2.
3. All other terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment
to be executed in its name and behalf by its duly authorized officer on the
date specified below.
LINCOLN VARIABLE INSURANCE PRODUCTS TRUST
(Trust)
Date: By: ------------------------------------------
Xxxxx X. Xxxxxxxxx
President
LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK
(Company)
Date: By: ------------------------------------------
Rise X.X. Xxxxxx
Second Vice President
Schedule 2
Funds
As of May 1, 2007
LVIP Baron Growth Opportunities Fund
LVIP Capital Growth Fund
LVIP Xxxxx & Steers Global Real Estate Fund
LVIP Delaware Bond Fund
LVIP Delaware Growth and Income Fund
LVIP Delaware Managed Fund
LVIP Delaware Social Awareness Fund
LVIP Delaware Special Opportunities Fund
LVIP FI Equity-Income Fund
LVIP Janus Capital Appreciation Fund
LVIP Xxxxxxx International Growth Fund
LVIP MFS Value Fund
LVIP Mid-Cap Growth Fund
LVIP Mid-Cap Value Fund
LVIP Mondrian International Value Fund
LVIP Money Market Fund
LVIP S&P 500 Index Fund
LVIP Small-Cap Index Fund
LVIP X. Xxxx Price Growth Stock Fund
LVIP X. Xxxx Price Structured Mid-Cap Growth Fund
LVIP Xxxxxxxxx Growth Fund
LVIP UBS Global Asset Allocation Fund
LVIP Value Opportunities Fund
LVIP Wilshire Aggressive Profile Fund
LVIP Wilshire Conservative Profile Fund
LVIP Wilshire Moderate Profile Fund
LVIP Wilshire Moderately Aggressive Profile Fund
LVIP Wilshire 2010 Profile Fund
LVIP Wilshire 2020 Profile Fund
LVIP Wilshire 2030 Profile Fund
LVIP Wilshire 2040 Profile Fund
