AMENDMENT NO. 6 to the FUND PARTICIPATION AGREEMENT
Ex99_26_(h) i. d4
AMENDMENT NO. 6
to the
AMENDMENT, dated as of October 1, 2006, to the Fund Participation Agreement dated as of the 1st day of September, 1999, as amended from time to time (the “Agreement”), by and among DWS Investments VIT Funds (formerly, Xxxxxxx Investments VIT Funds and Deutsche Asset Management VIT Funds and BT Insurance Funds Trust) (“Trust”), Deutsche Asset Management, Inc. (“Adviser”), and Massachusetts Mutual Life Insurance Company and C.M. Life Insurance Company (collectively, “Life Companies”).
WHEREAS, Trust, Adviser and Life Companies wish to amend the Agreement in certain respects;
NOW, THEREFORE, in accordance with Section 10.9 of the Agreement, Trust, Adviser and Life Companies hereby agree as follows:
| 1. | Under Amendment No. 3 to the Agreement, Deutsche Asset Management, Inc. replaced its affiliate, previously named Bankers Trust Company, as Adviser and the parties previously agreed that all references in the Agreement to Bankers Trust Company were replaced by “Deutsche Asset Management, Inc.,” which agreement is hereby ratified and continued. |
| 2. | The parties agree that references in the Agreement to Xxxxxxx Investments VIT Funds, Deutsche Asset Management VIT Funds, or BT Insurance Funds Trust are now replaced by “DWS Investments VIT Funds.” |
| 3. | Appendix A to the Agreement is amended to change references to the Xxxxxxx VIT Small Cap Index Fund to “DWS Small Cap Index VIP” and to delete references to the Xxxxxxx VIT EAFE Equity Index Fund. |
| 4. | Appendix B to the Agreement is amended to add the following separate account: “Massachusetts Mutual Variable Life Separate Account I and C. M. Life Variable Life Separate Account.” |
| 5. | Article IX. NOTICES in the Agreement is hereby amended such that the addresses for Trust and Adviser are replaced in their entirety with the following: |
If to TRUST:
DWS Investments VIT Funds
Xxx Xxxxxxxxxxxxx Xxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
Attn: Secretary
If to ADVISER:
Deutsche Asset Management, Inc.
000 Xxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: Secretary
| 6. | Except as expressly set forth above, all other terms and provisions of the Agreement shall remain in full force and effect. |
IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this Amendment as of the date and year first above written.
| DWS INVESTMENTS VIT FUNDS | ||
| By: | /s/ Xxxx Xxxxxxxx | |
| Name: | Xxxx Xxxxxxxx | |
| Title: | Secretary | |
| MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY | ||
| By: | /s/ Xxxxx Xxxxxxxxxx | |
| Name: | Xxxxx Xxxxxxxxxx | |
| Title: | Vice President | |
| C.M. LIFE INSURANCE COMPANY | ||
| By: | /s/ Xxxxx Xxxxxxxxxx | |
| Name: | Xxxxx Xxxxxxxxxx | |
| Title: | Vice President | |
| DEUTSCHE ASSET MANAGEMENT VIT FUNDS | ||
| By: | /s/ Xxxxxxx Xxxxx | |
| Name: | ||
| Title: | ||
