AMENDMENT NO. 1
Exhibit (h)(xxx)
AMENDMENT NO. 1
AMENDED AND RESTATED PARTICIPATION AGREEMENT
The Amended and Restated Participation Agreement (the "Agreement"), dated January 31, 2007, by and among AIM Variable Insurance Funds, a Delaware trust ("AVIF''); A IM Distributors, Inc., a Delaware corporation ("AIM"); and The Prudential Insurance Company of America ("Prudential"), a New Jersey life insurance company, on behalf of itself and each of its segregated asset accounts listed in Schedule A hereto, as the parties hereo may amend from time to time (each, an "Account,") and collectively, the "Accounts")(collectively, the "Parties"), is hereby amended as follows:
WHEREAS, on March 31, 2008, A IM Distributors, Inc. was renamed Invesco Aim Distributors, Inc. and all references to A IM Distributors, Inc. will hereby be deleted and replaced with Invesco Aim Distributors, Inc.; and
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
1.Section 9. "Notices" is deleted in its entirety and hereby replaced with the following:
Notices and communications required or permitted by Section 2 hereof will be given by means mutually acceptable to the Parties concerned. Each other notice or communication required or permitted by this Agreement will be given to the following persons at the following addresses and facsimile numbers, or such other persons, addresses or facsimile numbers as the Party receiving such notices or communications may subsequently direct in writing:
AIM Variable Insurance Funds
00 Xxxxxxxx Xxxxx
Xxxxxxx, Xxxxx 00000
Facsimile: (000) 000-0000
Attn: Xxxxx Xxxxxxxx, Esq.
Invesco Aim Distributors, Inc.
00 Xxxxxxxx Xxxxx
Xxxxxxx, Xxxxx 00000
Facsimile: (000) 000-0000
Attn: Xxxxx Xxxxxxxx, Esq.
The Prudential Insurance Company of America
00 Xxxxxxxxxx Xxxxxx, Xxxx. XXX 0
Xxxxxxxx, XX 00000
Attn: Xxxxxx Xxxxxxx
Facsimile: (000) 000-0000
Xxxxxxx Xxxxxxx
Facsimile: (000) 000-0000"
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2.Schedules X-0, X-0 xxx X-0xx the Agreement are hereby deleted in their entirety and replaced with the following:
"Schedule A-1
Separate Accounts of the Company Registered Under the 1940 Act as Unit Investment Trusts
The following separate accounts of the Company are subject to the Agreement:
Name of Account | Date Established by Board of Directors of the Company | SEC 1940 Act Registration Number | Type of Product Supported by Account |
Prudential Variable Contract Account GI-2 (VCA-GI-2) | June 24, 1988 | 811-07545 | Variable Life Insurance |
Group Variable Life Insurance Policies Registered Under the Securities Act of 1933
The following Contracts are subject to the Agreement:
Name of Contract | Available Funds | 1933 Act Registration Number | Type of Product Supported by Account |
PruBenefit Select | Series I Shares of: AIM V.I. Core Equity Fund AIM V.I. Diversified Income Fund AIM V.I. Dynamics Fund AIM V.I. Global Health Care Fund AIM V.I. Government Securities Fund AIM V.I. High Yield Fund AIM V.I. International Growth Fund AIM V.I. Small Cap Equity Fund AIM V.I. Technology Fund AIM V.I. Utilities Fund | 333-137572 | Variable Life Insurance |
Group Variable Universal Life Insurance Contract | Series I Shares of: AIM V.I. Core Equity Fund AIM V.I. Diversified Income Fund AIM V.I. Dynamics Fund AIM V.I. Global Health Care Fund AIM V.I. Government Securities Fund AIM V.I. High Yield Fund AIM V.I. Small Cap Equity Fund AIM V.I. International Growth Fund AIM V.I. Technology Fund AIM V.I. Utilities Fund | 333-01031 | Variable Life Insurance |
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Schedule A-2
Separate Accounts of the Company Excluded From the Definition of an Investment Company as Provided for by Section 3(c)(ll) of the 1940 Act
The following separate accounts of the Company are subject to the Agreement:
Name of Account | Date Established by Board of Directors of the Company | Type of Product Supported by Account | |
Group Variable Life Insurance Policies Not Registered Under the Securities Act of 1933 in Reliance Upon Section 3(a)(2) of the Act
The following Contracts are subject to the Agreement:
Name of Contract | Available Funds | 1933 Act Registration Number | Type of Product Supported by Account |
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Schedule A-3
Separate Accounts of the Company Excluded From the Definition of an Investment Company as Provided for by Section 3(c)(l) or 3(c)(7) of the 1940 Act
The following separate accounts of the Company are subject to the Agreement:
Name of Account | Date Established by Board of Directors of the Company | Type of Product Supported by Account |
Prudential Variable Contract Account GI-6 (VCA-GI-6) | February 9, 1999 | Variable Life Insurance |
Group Variable Life Insurance Policies Not Registered Under the Securities Act of 1933 in Reliance Upon Section 4(2) of the Act and Regulation D Thereunder
The following Contracts are subject to the Agreement:
Name of Contract | Available Funds | Group or Individual | Type of Product Supported by Account |
PruBenefit Laureate | Series I Shares of: AIM V.I. Core Equity Fund AIM V.I. Diversified Income Fund AIM V.I. Dynamics Fund AIM V.I. Global Health Care Fund AIM V.I. Government Securities Fund AIM V.I. High Yield Fund AIM V.I. International Growth Fund AIM V.I. Small Cap Equity Fund AIM V.I. Technology Fund AIM V.I. Utilities Fund | Group | Variable Life Insurance" |
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3. | Schedule B of the Agreement is hereby deleted in its entirety and replaced with the following: |
"Schedule B
Funds Available Under Policies
Series I shares of:
AIM V.I. Basic Balanced Fund
AIM V.I. Basic Value Fund
AIM V.I. Capital Appreciation Fund
AIM V.I. Capital Development Fund
AIM V.I. Core Equity Fund
AIM V.I. Diversified Income Fund
AIM V.I. Dynamics Fund
AIM V.I. Financial Services Fund
AIM V.I. Global Health Care Fund
AIM V.I. Global Real Estate Fund
AIM V.I. Government Securities Fund
AIM V.I. High Yield Fund
AIM V.I. International Growth Fund
AIM V.I. Large Cap Growth Fund
AIM V.I. Leisure Fund
AIM V.I. Mid Cap Core Equity Fund
AIM V.I. Money Market Fund
AIM V.I. PowerShares ETF Allocation Fund
AIM V.I. Small Cap Equity Fund.
AIM VJ. Technology Fund
All other terms and provisions of the Agreement not amended herein shall remain in full force and effect.
Effective date: _____, 2009.
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AIM VARIABLE INSURANCE FUNDS | ||
Attest: /s/ | By: /s/Xxxx X. Xxxx | |
Name: Xxxxx Xxxxxxxx | Name: Xxxx X. Xxxx | |
Title: Assistant Secretary | Title: Senior Vice President | |
INVESCO AIM DISTRIBUTORS, INC. | ||
Attest: /s/ | By: /s/Xxxx X. Xxxxxx | |
Name: Xxxxx Xxxxxxxx | Name:Xxxx X. Xxxxxx | |
Title: Assistant Secretary | Title: President | |
THE PRUDENTIAL INSURANCE COMPANY OF | ||
AMERICA, on behalf of itself and its separate accounts | ||
By: | By: | |
Name: | Name: | |
Title: | Title: | |
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