EXHIBIT (h)(20)(e)
FIFTH AMENDMENT
TO
PARTICIPATION AGREEMENT
AMONG
AMERICAN GENERAL LIFE INSURANCE COMPANY,
AMERICAN GENERAL EQUITY SERVICES CORPORATION,
VALIC COMPANY I AND
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
THIS FIFTH AMENDMENT TO PARTICIPATION AGREEMENT ("Amendment") effective as
of January 1, 2005, amends the Participation Agreement dated as of February 26,
1998 (the "Agreement"), among AMERICAN GENERAL LIFE INSURANCE COMPANY (the
"Company"), on its own behalf and on behalf of each separate account of the
Company set forth on Schedule B of the Agreement (the "Account"), AMERICAN
GENERAL EQUITY SERVICES CORPORATION ("AGESC"), VALIC COMPANY I (formerly NORTH
AMERICAN FUNDS VARIABLE PRODUCT SERIES I) (the "Fund"), and THE VARIABLE ANNUITY
LIFE INSURANCE COMPANY (the "Adviser"), collectively, (the "Parties"). All
capitalized terms not otherwise defined in this Amendment, shall have the same
meaning as ascribed in the Agreement.
WHEREAS, from time to time, the Company will offer new Variable Insurance
Products which are not covered under the Agreement, but for which the Fund will
act as an investment vehicle for the Company's Accounts; and
WHEREAS, the Parties now desire to amend the Agreement to reflect the new
Variable Insurance Products for which the Fund will act as an investment vehicle
for the Accounts.
NOW, THEREFORE, in consideration of their mutual promises, the Parties
agree as follows:
1. Schedule B to the Agreement, a revised copy of which is attached hereto, is
hereby amended to add Platinum Investor IV.
2. The Parties acknowledge that from time to time the Company will introduce
new Variable Insurance Products for which the Fund will act as an
investment vehicle for certain of the Company's Accounts. In this regard,
the Parties agree that the Company may, upon written notice to the other
Parties, add such new Variable Insurance Products and Separate Accounts of
the Company to Schedule B of the Agreement, and thereby amend Schedule B of
the Agreement.
3. Except as amended hereby, the Agreement is hereby ratified and confirmed in
all respects.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed in its name and on its behalf by its duly authorized representative
hereto as of the date specified above.
AMERICAN GENERAL LIFE INSURANCE COMPANY,
on behalf of itself and each of its Separate Accounts named
in Schedule B of the Agreement, as amended from time to time.
ATTEST:
By: By:
------------------------------------ ---------------------------------
Name: Name:
Title: Title:
AMERICAN GENERAL EQUITY SERVICES CORPORATION
ATTEST:
By: By:
------------------------------------ ---------------------------------
Name: Name:
Title: Title:
VALIC COMPANY I
ATTEST:
By: By:
------------------------------------ ---------------------------------
Name: Name:
Title: Title:
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
ATTEST:
By: By:
------------------------------------ ---------------------------------
Name: Name:
Title: Title:
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SCHEDULE B
SEPARATE ACCOUNTS AND CONTRACTS**
(As of January 1, 2005)
Name of Separate Account and Date Registration Numbers and Names of Contracts
Established by Board of Directors Funded by Separate Account
--------------------------------------- ------------------------------------------------------
Registration
Nos.: Name of Contract:
------------ ---------------------------------------
American General Life Insurance Company 33-44744 Group and Individual Variable
Separate Account A 811-1491 Annuity*
Established: August 14, 1967
33-44745 Individual Variable Annuity*
811-1491
American General Life Insurance Company 333-40637 Select Reserve(SM) Flexible Payment
Separate Account D 811-02441 Variable and Fixed Individual Deferred
Established: November 19, 1973 Annuity*
33-43390 VAriety Plus(SM) Variable Annuity*
811-2441
333-70667 Platinum Investor(R) Variable Annuity*
811-2441
333-109206 Platinum Investor(R) Immediate Variable
811-2441 Annuity*
American General Life Insurance Company 333-42567 Platinum Investor(R) I and Platinum
Separate Account VL-R 811-08561 Investor(R) II Variable Life Insurance
Established: May 6, 1997 Policies*
333-53909 Legacy Plus(SM) Variable Life Insurance
811-08561 Policies*
333-80191 Corporate America - Variable Life
811-08561 Insurance Policies*
333-90787 Platinum Investor(R) Survivor
811-08561 Variable Life Insurance Policies*
333-87307 The ONE VUL Solution
811-08561 Variable Life Insurance Policies*
333-89897 AG Legacy Plus
811-08561 Variable Life Insurance Policies*
333-43264 Platinum Investor(R) III
811-08561 Variable Life Insurance Policies*
333-65170 Platinum Investor(R) Survivor II
811-08561 Variable Life Insurance Policies*
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Name of Separate Account and Date Registration Numbers and Names of Contracts
Established by Board of Directors Funded by Separate Account
--------------------------------- ------------------------------------------------
Registration
Nos.: Name of Contract:
------------ ---------------------------------
333-82982 Platinum Investor(R) PLUS
811-08561 Variable Life Insurance Policies*
333-109613 Platinum Investor(R) FlexDirector
811-08561 Variable Life Insurance Policies*
333-118318 Platinum Investor(R) IV
811-08561 Variable Life Insurance Policies*
* Subject to reimbursement of certain administrative expenses as set forth in
Paragraph 3.2(e) of the Participation Agreement referenced above.
** The parties hereto agree that this Schedule B may be revised and replaced as
necessary to accurately reflect the Separate Accounts and Contracts covered
under this Agreement.
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