EXHIBIT (8)(n)(2) AMENDMENT NO. 9 TO PARTICIPATION AGREEMENT (OPPENHEIMER)
EXHIBIT (8)(n)(2)
AMENDMENT NO. 9 TO PARTICIPATION AGREEMENT
(XXXXXXXXXXX)
AMENDMENT NO. 9 TO PARTICIPATION AGREEMENT
AMONG XXXXXXXXXXX VARIABLE ACCOUNT FUNDS,
OPPENHEIMERFUNDS, INC. AND
TRANSAMERICA LIFE INSURANCE COMPANY
This Amendment No. 9 is incorporated in and made a part of the Participation Agreement (the “Agreement”) made as of the 15th day of December, 1997, as amended as of July 30, 2001, February 1, 2000, October 1, 1999, November 27, 1998, June 30, 1998, July 30, 2001, May 1, 2002, and May 1, 2004 by and among Transamerica Life Insurance Company (hereinafter the “Company”), on its own behalf and on behalf of one or more segregated asset accounts of the Company (hereinafter the “Account”), Xxxxxxxxxxx Variable Account Funds (hereinafter the “Fund”) and OppenheimerFunds, Inc. (hereinafter the “Adviser”). The following terms and conditions amend the terms of the Agreement and, in the case of any conflict between the terms and conditions of the Agreement and the terms and conditions of this Amendment, the language of this Amendment shall control and govern. All capitalized and abbreviated terms defined in the Agreement shall have the same definitions apply in this Amendment.
1. Schedule 1 of the Agreement (and amendments thereto) is hereby deleted in its entirety and replaced with the following:
SCHEDULE 1
Retirement Builder Variable Annuity Account
Established by the Board of Directors on March 29, 1996
Legacy Builder Variable Life Separate Account
Established by the Board of Directors on November 20, 1998
PFL Variable Life Account A
Established by the Board of Directors on July 1, 1999
Separate Account VA E
Established by the Board of Directors on February 20, 1997
Separate Account VA F
Established by the Board of Directors on May 15, 2000
Separate Account VA I
Established by the Board of Directors on May 15, 2000
Separate Account VA J
Established by the Board of Directors on May 15, 2000
Separate Account VA K
Established by the Board of Directors on July 10, 2001
Established by the Board of Directors on November 26, 2001
2. Schedule 2 of the Agreement (and amendments thereto) is hereby deleted in its entirety and replaced with the following:
SCHEDULE 2
Transamerica Life Insurance Company Policy Form No. AV 288 101 95 796
(including successor forms, addenda and endorsements – may vary by state)
Under the marketing names: “Retirement Income Builder II Variable Annuity” or
“Portfolio Select Variable Annuity”
Transamerica Life Insurance Company Policy Form No.’s VL20 & JL20
Under the marketing name “Legacy Builder II”
Transamerica Life Insurance Company Policy Form No. APUL0600 699
Under the marketing name: “Variable Protector”
Transamerica Life Insurance Company Policy Form No. WL851 136 58 699
Under the marketing name: “Legacy Builder Plus”
Transamerica Life Insurance Company Policy Form No. AV 288 101 95 796
Under the marketing name: “Privilege Select Variable Annuity”
Transamerica Life Insurance Company Policy Form No. AV 288 101 95 796
Under the marketing name: “Premier Asset Builder Variable Annuity”
Transamerica Life Insurance Company Policy Form No. AV 288 101 95 796
Under the marketing name: “Principal-Plus Variable Annuity”
Transamerica Life Insurance Company Policy Form No. AV1200 1 998
Under the marketing name: “Immediate Income Builder II”
Transamerica Life Insurance Company Policy Form No. AV721 101 149 1001
Under the marketing name: “Retirement Income Builder - BAI Variable Annuity”
(formerly known as Retirement Income Builder III Variable Annuity)
Transamerica Life Insurance Company Policy Form No. AV1114 101 185 104
Under the marketing name: “No marketing name at this time”
3. Schedule 3 of the Agreement (and amendments thereto) is hereby deleted in its entirety and replaced with the following:
SCHEDULE 3
Portfolios of Xxxxxxxxxxx Variable Account Funds:
Initial Shares
Xxxxxxxxxxx Aggressive Growth Fund/VA – Initial Shares
Xxxxxxxxxxx Bond Fund/VA – Initial Shares
Xxxxxxxxxxx Capital Appreciation Fund/VA – Initial Shares
Xxxxxxxxxxx Global Securities Fund/VA – Initial Shares
Xxxxxxxxxxx High Income Fund/VA – Initial Shares
Xxxxxxxxxxx Main Street Fund/VA – Initial Shares
Xxxxxxxxxxx Multiple Strategies Fund/VA – Initial Shares
Xxxxxxxxxxx Strategic Bond Fund/VA – Initial Shares
Service Shares
Xxxxxxxxxxx Capital Appreciation Fund/VA -Service Shares
Xxxxxxxxxxx Global Securities Fund/VA - Service Shares
Xxxxxxxxxxx High Income Fund/VA - Service Shares
Xxxxxxxxxxx Main Street Fund/VA - Service Shares
Xxxxxxxxxxx Main Street Small Cap Fund/VA - Service Shares
Xxxxxxxxxxx Multiple Strategies Fund/VA - Service Shares
Xxxxxxxxxxx Strategic Bond Fund/VA - Service Shares
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment No. 9 to the Agreement to be executed in its name and on its behalf by its duly authorized representative as of May 1, 2004:
| Company: | ||
| TRANSAMERICA LIFE INSURANCE COMPANY | ||
| By its authorized officer, | ||
| By: |
/s/ Xxxx X. Xxxxxx | |
| Name: |
Xxxx X. Xxxxxx, Esq. | |
| Title: |
Assistant Secretary | |
| Fund: | ||
| XXXXXXXXXXX VARIABLE ACCOUNT FUNDS | ||
| By its authorized officer, | ||
| By: |
/s/ Xxxxx X. Xxxxxxx | |
| Name: |
Xxxxx X. Xxxxxxx | |
| Title: |
Assistant Secretary | |
| OPPENHEIMERFUNDS, INC. | ||
| By its authorized officer, | ||
| By: |
/s/ Xxxxx X. Xxxxxxx | |
| Name: |
Xxxxx X. Xxxxxxx | |
| Title: |
Vice President and Senior Counsel | |
