FORM of AMENDMENT to DISTRIBUTION AND UNDERWRITING AGREEMENT between NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION and NYLIFE DISTRIBUTORS LLC
EXHIBIT (3)(g)(1)
FORM of AMENDMENT
to
DISTRIBUTION AND UNDERWRITING AGREEMENT
between
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
and
NYLIFE DISTRIBUTORS LLC
The DISTRIBUTION AND UNDERWRITING AGREEMENT (“Agreement”), dated as of April 27, 2006, by and between NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (“Insurance Company”), on behalf of itself and the VARIABLE SEPARATE ACCOUNTS listed in Attachment A (the “Separate Accounts”) established by Insurance Company, and NYLIFE DISTRIBUTORS LLC (the “Distributor”), is hereby amended effective as of March 6, 2015, as follows:
1. The third recital shall be deleted and replaced by the following:
“WHEREAS, certain variable life insurance and variable annuity contracts to be issued by Insurance Company and funded through the Separate Accounts (“Contracts”) are registered with the Commission under the Securities Act of 1933 (the “1933 Act”) for offer and sale to the public, and otherwise are in compliance with all applicable laws.”
2. All references to the “National Association of Securities Dealers, Inc.” and “NASD” shall be replaced by “Financial Industry Regulatory Authority” and “FINRA,” respectively.
3. Attachment A to the Agreement shall be deleted in its entirety and the attached Attachment A, shall be substituted in lieu thereof.
4. Section 19 of the Agreement shall be deleted and replaced by the following:
“Each notice required by this Agreement may be given by telephone or telefax and confirmed in writing. Notices shall be delivered as follows:
If to Insurance Company or the Separate Account:
New York Life Insurance and Annuity Corporation
Attention: Xxxxx Xxxx
Facsimile: (000) 000-0000
with a copy to:
Office of the General Counsel
New York Life Insurance Company
Attention: Xxxxx Xxxxxxxx, Esq.
Facsimile: (000) 000-0000
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If to the Distributor:
NYLIFE Distributors LLC
Attention: Xxxxx X. Xxxxxxxx
Facsimile: (000) 000-0000
with a copy to:
Office of the General Counsel
New York Life Insurance Company
Attention: Xxxx Xxxxx, Esq.
Facsimile: (000) 000-0000
IN WITNESS WHEREOF, this Amendment is hereby executed by the authorized officers of the undersigned parties hereto as of the date first stated above.
| NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION | ||
| By: |
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| Name: | ||
| Title: | ||
| NYLIFE DISTRIBUTORS LLC | ||
| By: |
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| Name: | ||
| Title: | ||
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Attachment A
Variable Separate Accounts
NYLIAC MFA Separate Account II
NYLIAC Variable Annuity Separate Account - I
NYLIAC Variable Annuity Separate Account – II
NYLIAC Variable Annuity Separate Account – III
NYLIAC Variable Annuity Separate Account – IV
NYLIAC Variable Universal Life Separate Account – I
NYLIAC Corporate Sponsored Variable Universal Life Separate Account – I
Variable Life Insurance (product no longer being offered)
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