Exhibit (8)(ddd)
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
BETWEEN XXXXXX ADVISORS TRUST, COLUMBIA MANAGEMENT
DISTRIBUTORS, INC. AND ML LIFE INSURANCE COMPANY OF NEW YORK
THIS AMENDMENT, effective as of 27th day of April, 2007, by and among
Xxxxxx Advisors Trust, a Massachusetts business trust corporation (the "Fund"),
Columbia Management Distributors, Inc. (the "Underwriter"), Xxxxxx Advisors
Trust, a Massachusetts Corporation, and ML Life Insurance Company of New York, a
New York life insurance company (the "Company");
WITNESSETH:
WHEREAS, the Fund, the Underwriter and the Company heretofore entered into
a Participation Agreement dated March 4, 2005, as amended (the "Agreement"),
with regard to separate accounts established for variable life insurance and/or
variable annuity contracts offered by the Company; and
WHEREAS, the Fund, the Underwriter, and the Company desire to amend
Schedule A to the Agreement in accordance with the terms of the Agreement.
NOW, THEREFORE, in consideration of the above premises, the Fund, the
Underwriter and the Company hereby agree:
1. Amendment.
(a) Schedule A to the Agreement is amended in its entirety and is
replaced by the Schedule A attached hereto;
(b) Article IX Notices. of the Agreement is hereby amended as
follows:
If to the Company: Xxxxx X. Xxxxxxxx, Esquire
Senior Vice President & General Counsel
1700 Xxxxxxx Xxxxx Drive, 3rd Floor
Xxxxxxxxxx, New Jersey 08534
2. Effectiveness. The revised Schedule A of the Agreement shall
be effective as the date hereof.
3. Continuation. Except as set forth above, the Agreement shall
remain in full force and effective in accordance with its
terms.
4. Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed to be an original.
(Signatures located on following page)
IN WITNESS WHEREOF, the Fund, the Underwriter and the Company have caused
the Amendment to be executed by their duly authorized officers effective as of
the day and year first above written.
XXXXXX ADVISORS TRUST ML LIFE INSURANCE COMPANY
OF NEW YORK
By: By:
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Name: Name: Xxxxxx Xxxxxxxxx
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Title: Title:Vice President & Senior Counsel
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Date: Date:
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COLUMBIA MANAGEMENT DISTRIBUTORS, INC.
By:
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Name:
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Title:
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Date:
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Schedule A
SEPARATE ACCOUNT
ML Life of New York Variable Annuity Separate Account A
PORTFOLIO
Xxxxxx U.S. Smaller Companies - Class I
Xxxxxx International Small Cap - Class
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CONTRACT
Xxxxxxx Xxxxx Investor Choice - Investor Series
(Form MLNY-VA-010 and state variations thereof)
Dated: April 27, 2007