AMENDMENT NO. 3 TO PARTICIPATION AGREEMENT BETWEEN BLACKROCK VARIABLE SERIES FUNDS, INC. AND TRANSAMERICA LIFE INSURANCE COMPANY
EXHIBIT (8)(g)(4)
AMENDMENT No. 3 TO PARTICIPATION AGREEMENT (BLACKROCK)
AMENDMENT NO. 3 TO PARTICIPATION AGREEMENT
BETWEEN BLACKROCK VARIABLE SERIES FUNDS, INC.
AND TRANSAMERICA LIFE INSURANCE COMPANY
THIS AMENDMENT is effective as of May 1, 2013, by and among BlackRock Variable Series Funds, Inc. (the “Fund”), BlackRock Advisors, LLC (“BAL”), Blackrock Investments, Inc. (“BII”), and Transamerica Life Insurance Company (the “Company”), on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A as attached hereto, as such schedule may be revised from time to time (the “Accounts”).
WHEREAS, the parties executed an amendment dated March 1, 2013, to add Confidential Information, complying with Massachusetts privacy laws that shall hereafter be referred to as Amendment Number 2 to the Participation Agreement.
WHEREAS, the parties desire to further amend the Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
| 1. | Section 1.9 of the Agreement is hereby deleted in its entirety and replaced with the following: |
1.9 The Fund agrees that its Shares will be sold, either directly or indirectly to Participating Insurance Companies and their separate accounts. No Shares of any Portfolio will be sold directly or indirectly to the general public. The Company agrees that Fund Shares will be used only for the purposes of funding the Contracts and Accounts listed in Schedule A, as such schedule may be revised or supplemented from time to time.
| 2. | The parties agree to combine existing Schedule A and Schedule B into a single schedule hereby referenced as Schedule A, as supplemented from time to time by a party, with notice to all other parties. Schedule A and Schedule B of the Agreement are hereby deleted in their entirety and replaced with the attached Schedule A. All references to Schedule B in the Agreement are hereafter a reference to Schedule A. |
| 3. | A new paragraph, numbered consecutively, is added to ARTICLE 3 Representations and Warranties, as follows: |
3.8. Fund and Fund Manager each agree to promptly update the relevant fund prospectus and when any underlying fund becomes a commodity pool operator (“CPO”) as defined under the Commodities Exchange Act (“CEA”), and Fund Manager is required to register with the Commodity Futures Trading Commission (“CFTC”) as a CPO with respect to any underlying fund. Except as otherwise disclosed in the relevant prospectus, the Fund represents and warrants that it is not a CPO, and Fund Manager represents and warrants it is not required to register as a CPO with respect to any underlying fund. Fund and Fund Manager each represent and warrant that it will at all times comply with the CEA and CFTC rules and regulations to the extent required.
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All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. Unless otherwise specified, all defined terms shall have the same meaning given to them in the Agreement.
Effective Date: May 1, 2013
TRANSAMERICA LIFE INSURANCE COMPANY
| By: | /s/ Xxxx Xxxxxxx | |
| Name: | Xxxx Xxxxxxx | |
| Title: | Vice President | |
| Date: | 10-7-13 |
BLACKROCK VARIABLE SERIES FUNDS, INC.
| By: | /s/ Xxxxxxx Xxxx | |
| Name: | Xxxxxxx Xxxx | |
| Title: | Vice President | |
| Date: | Sept. 26, 2013 |
BLACKROCK ADVISORS, LLC
| By: | /s/ Xxxx Xxxxxx | |
| Name: | Xxxx Xxxxxx | |
| Title: | Managing Director | |
| Date: | October 7, 2013 |
BLACKROCK INVESTMENTS, INC.
| By: | /s/ Xxxx Xxxx | |
| Name: | Xxxx Xxxx | |
| Title: | Managing Director | |
| Date: | Sept. 26, 2013 |
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Schedule A
Revised May 1, 2013
SEPARATE ACCOUNTS:
PORTFOLIOS:
BlackRock Basic Value V.I. Fund – Class I
BlackRock High Yield V.I. Fund – Class I
BlackRock Global Allocation V.I. Fund – Class I
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