Exhibit (h)(16)(c)
FOURTH AMENDMENT
TO
PARTICIPATION AGREEMENT
AMONG
XXXXXX VARIABLE TRUST,
XXXXXX RETAIL MANAGEMENT LIMITED PARTNERSHIP AND
AMERICAN GENERAL LIFE INSURANCE COMPANY
THIS FOURTH AMENDMENT TO PARTICIPATION AGREEMENT ("Amendment") dated as of
July 1, 2016, amends the Participation Agreement dated as of June 1, 1998, as
amended (the "Agreement") among AMERICAN GENERAL LIFE INSURANCE COMPANY (the
"Company"), XXXXXX VARIABLE TRUST (the "Trust"), and XXXXXX RETAIL MANAGEMENT
LIMITED PARTNERSHIP (the "Underwriter"). All capitalized terms not otherwise
defined in this Amendment, shall have the same meaning as ascribed in the
Agreement.
WITNESSETH THAT:
WHEREAS, the Company, the Trust and the Underwriter are parties to a certain
Agreement dated June 1, 1998 in connection with the participation by the Funds
(as defined in the Agreement) in certain Variable Insurance Products to be
issued through one or more Accounts established by the Company under state law;
and
WHEREAS, Western National Life Insurance Company (formerly known as American
General Annuity Insurance Company) ("WNL"), the Trust and the Underwriter
entered into a Participation Agreement dated as of November 15, 2000 ("WNL
Agreement") in connection with WNL's Variable Insurance Products (as defined in
the WNL Agreement), and WNL merged with and into the Company effective
December 31, 2012, with the Company as the surviving corporation (the
"Merger"); and
WHEREAS, the Company has assumed all obligations and responsibilities of WNL
under the WNL Agreement for all Variable Insurance Products covered by the WNL
Agreement; and
WHEREAS, the Company, the Trust and the Underwriter as a result of the
Merger, affirm and acknowledge that this Agreement will supersede and replace
the WNL Agreement without further action on the part of any parties to this
Agreement and the WNL Agreement will terminate accordingly effective
simultaneously with the execution of this Amendment; and
WHEREAS, the parties desire to expand the number of separate accounts of the
Company through which the Company may make available certain of the Funds under
Variable Insurance Products offered by the Company in order to include certain
former WNL Accounts covered in the WNL Agreement as set forth in Schedule A; and
WHEREAS, pursuant to this Agreement, the Trust has established Authorized
Funds, as set forth in Schedule B hereto, as such schedule may be amended from
time to time, to set aside and invest assets attributable to the contracts
offered by the Company; and
WHEREAS, the parties desire that all Xxxxxx Variable Trust Funds be made
available to Company.
NOW, THEREFORE, in consideration of the mutual promises herein, the Company,
the Trust, and the Underwriter agree as follows:
1. Schedule A to the Agreement is hereby deleted in its entirety and
replaced with the Schedule A attached hereto.
2. Schedule B to the Agreement is hereby deleted in its entirety and
replaced with the Schedule B attached hereto.
3. The WNL Agreement shall terminate simultaneously with the effective date
of this Amendment.
4. In all other respects, the terms of this Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the Company, the Trust and the Underwriter hereto have
caused this Fourth Amendment to be executed in their names and on their behalf
by their duly authorized representatives hereto as of the date specified above.
AMERICAN GENERAL LIFE INSURANCE COMPANY
By its authorized officer,
By: -----------------------------
Name: -----------------------------
Title: -----------------------------
XXXXXX VARIABLE TRUST
By its authorized officer,
By: -----------------------------
Name: -----------------------------
Title: -----------------------------
XXXXXX RETAIL MANAGEMENT LIMITED PARTNERSHIP
By its authorized officer,
By: -----------------------------
Name: -----------------------------
Title: -----------------------------
Schedule A
SEPARATE ACCOUNTS
(As of July 1, 2016)
American General Life Insurance Company
Separate Account VL-R (May 6, 1997)
American General Life Insurance Company
Separate Account D (November 19, 1973)
American General Life Insurance Company
A.G. Separate Account A (November 9, 2000)
Schedule B
AUTHORIZED FUNDS
SERVICE FEE RATE
FUND (PER ANNUM RATE)
All Xxxxxx Variable Trust Funds-Class IA --
All Xxxxxx Variable Trust Funds-Class IB --%
