Amendment No. 1 to Participation Agreement (American Century)
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
THIS
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT (“Amendment”) is made as of this 14th day of
April, 2004, by and between ML LIFE INSURANCE COMPANY OF NEW YORK (the “Company”)
and AMERICAN CENTURY INVESTMENT SERVICES, INC. (the “Distributor”). Capitalized terms not
otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined
below).
RECITALS
WHEREAS, the Company and Distributor are parties to a certain Participation Agreement dated
May 1, 2001 (the “Agreement”), in which the Company offers to the public certain variable annuity
contracts (the “Contracts”);
WHEREAS, the Company now desires to expand the number of American Century Funds made
available as investment options under the Agreement by adding Class I of the VP Ultra Fund;
WHEREAS, the parties now desire to further modify the Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto
agree as follows:
1. Addition of Funds and Contracts. Exhibits A and B, which set forth the Separate
Accounts and Contracts covered by the Funds available under the Agreement are hereby deleted in
their entirety and are replaced with the Exhibits A and B attached hereto.
2. Ratification and Confirmation of Agreement. In the event of a conflict between
the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of
this Amendment shall control and the Agreement shall be interpreted on that basis. To the extent
the provisions of the Agreement have not been amended by this Amendment, the parties hereby confirm
and ratify the Agreement.
3. Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall be an original and all of which together shall constitute one
instrument.
4. Full Force and Effect. Except as expressly supplemented, amended or consented to
hereby, all of the representations, warranties, terms, covenants and conditions of the Agreement
shall remain unamended and shall continue to be in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 1 as of the date first
above written.
| ML LIFE INSURANCE COMPANY OF NEW YORK | AMERICAN CENTURY INVESTMENT SERVICES, INC. | |||||||||
By:
|
/s/ Xxxxxx X. Xxxxxx, Xx. | By: | Xxxxxxx X. Xxxxx | |||||||
Name:
|
Name: | |||||||||
Title:
|
Vice President & Senior Counsel | Title: | PRESIDENT | |||||||
As of
May 1, 2004
Exhibit A
Separate Accounts and Contracts
| • | Name of Separate Account and Date Established by the Board of Directors: |
ML of New York Variable Annuity Separate Account A — 08/14/1991
| • | Form Number and Names of Contracts Funded by Separate Account: |
Flexible Premium Variable Annuity Contracts
Xxxxxxx
Xxxxx Retirement Plus
Forms XXXX-XX-000XX0
Forms XXXX-XX-000XX0
Xxxxxxx Xxxxx Retirement Power
Form MLNY-VA-003
Form MLNY-VA-003
Xxxxxxx Xxxxx Retirement Optimizer
Form MLNY-VA-004
Form MLNY-VA-004
As of
May 1, 2004
Exhibit B
Funds of American Century Variable Portfolios, Inc.
Offered to the Separate Accounts Listed in Exhibit A
Offered to the Separate Accounts Listed in Exhibit A
| • | Class I of VP International Fund | |
| • | Class I of VP Ultra Fund |
