AMENDMENT NO. 3 TO PARTICIPATION AGREEMENT
AMENDMENT NO. 3 TO PARTICIPATION AGREEMENT
Equitable Financial Life Insurance Company of America, formerly known as MONY Life Insurance Company of America (the “Company”), an Arizona stock life insurance company; Xxxx Xxxxx Global Asset Management Variable Trust, Xxxx Xxxxx Partners Variable Equity Trust and Xxxx Xxxxx Partners Variable Income Trust (collectively, the “Fund”), each an open-end management investment company organized under the laws of Maryland; Xxxx Xxxxx Partners Fund Advisor, LLC (the “Adviser”), a Maryland limited liability company; and Xxxx Xxxxx Investor Services, LLC (the “Distributor”), a Maryland limited liability company, entered into a certain Participation Agreement dated December 1, 2010 (together with any prior amendments thereto, the “Agreement”). This Amendment No. 3 (the “Amendment”) to the Agreement is entered into as of December 4, 2020, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund, the Adviser and the Distributor (collectively, the “Parties”).
RECITALS
WHEREAS, the name of the Company changed from MONY Life Insurance Company of America to Equitable Financial Life Insurance Company of America;
WHEREAS, capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Agreement.
WHEREAS, the Parties desire that Xxxx Xxxxx Global Asset Management Variable Trust be removed as a signatory to the Agreement.
WHEREAS, the Parties wish to add a new Separate Account to Schedule A of the Agreement and restate Schedule B of the Agreement to remove Xxxx Xxxxx Global Asset Management Variable Trust. Schedule A and Schedule B are hereby deleted in their entirety and replaced with the attached Schedule A and Schedule B;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, which consideration is full and complete, the Company, the Fund, the Adviser and the Distributor hereby agree to supplement and amend the Agreement as follows:
1. Schedule A and Schedule B of the Agreement are hereby deleted in their entirety and replaced with the attached Schedule A and Schedule B.
2. Xxxx Xxxxx Global Asset Management Variable Trust is hereby removed as a signatory to the Agreement.
Except as modified and amended hereby, the Agreement is hereby ratified and confirmed in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the Parties have executed and delivered this Amendment as of the date first above set forth.
The Company:
Equitable Financial Life Insurance Company of America, on behalf of itself and each Separate Account
By: | ||
Print Name: Xxxxxxx Xxxxxxxxx | ||
Title: | Senior Vice President | |
Date: | 12/8/2020 | 2:57 PM EST | |
The Fund: | ||
Xxxx Xxxxx Partners Variable Equity Trust | ||
By: | ||
Print Name: Xxxx Trust | ||
Title: | President & CEO | |
Date: | 12/17/2020 | |
The Fund: | ||
Xxxx Xxxxx Partners Variable Income Trust | ||
By: | ||
Print Name: Xxxx Trust | ||
Title: | President & CEO | |
Date: | 12/17/2020 | |
The Adviser: | ||
Xxxx Xxxxx Partners Fund Advisors, LLC | ||
By: | ||
Print Name: Xxxx Trust | ||
Title: | President & CEO | |
Date: | 12/17/2020 | |
The Distributor: | ||
Xxxx Xxxxx Investor Services, LLC | ||
By: | ||
Print Name: Xxxxxx X’Xxxx | ||
Title: | COO US Distribution | |
Date: | 12/16/2020 |
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SCHEDULE A
Equitable Financial Life Insurance Company of America
Separate Accounts and Associated Contracts
Name of Separate Account |
Contracts Funded by Separate Account | |
Equitable America Variable Account L | All Contracts | |
Equitable America Variable Account A | All Contracts | |
Equitable America Variable Account P | All Contracts | |
Equitable America Variable Account K | All Contracts | |
Equitable America Variable Account 70A | All Contracts |
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SCHEDULE B
PORTFOLIOS AVAILABLE UNDER THE CONTRACTS
Class I and Class II Shares, as applicable, of all Portfolios that are series of Xxxx Xxxxx Partners Variable Equity Trust and Xxxx Xxxxx Partners Variable Income Trust, whether now existing or hereafter created.
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