AMENDMENT NO. 1 to the FUND PARTICIPATION AGREEMENT
Exhibit
(h)(c)(A)(1)
This Amendment to the Fund Participation Agreement entered into as of March 28, 2005 (the
“Agreement”) by and among PACIFIC LIFE INSURANCE COMPANY, a life insurance company organized under
the laws of the State of Nebraska (“Insurance Company” or “Adviser”), on behalf of itself and
certain of its separate accounts (each, an “Account”), as listed in Appendix B to the Agreement, as
such Appendix may be amended from time to time by mutual agreement in writing; PACIFIC SELECT FUND
(the “Trust”), an open-end management investment company that is a business trust organized under
the laws of the Commonwealth of Massachusetts; PACIFIC SELECT DISTRIBUTORS, INC. (“Distributor”), a
broker-dealer organized under the laws of the State of California, which serves as the Trust’s
distributor; AMERICAN FUNDS INSURANCE SERIES (“Series”), an open-end management investment company
organized under the laws of the Commonwealth of Massachusetts; AMERICAN FUNDS DISTRIBUTORS (“AFD”),
a broker-dealer organized under the laws of the State of California, which serves as the Series’
distributor; and CAPITAL RESEARCH AND MANAGEMENT COMPANY (“CRMC”), a corporation organized under
the laws of State of Delaware is entered into effective May 1, 2007.
WHEREAS Paragraph 4 of the Agreement provides that the Series will make
Class 2 shares of the Master Funds listed on Appendix C to the Agreement available to the Insurance
Company;
WHEREAS Insurance Company, Distributor, Series, AFD and CRMC each wish to make Class 1 shares
available and cease making Class 2 shares available to Insurance Company;
NOW THEREFORE in consideration of the premises and mutual considerations herein and in the
Agreement, the parties agree to amend the introductory language to Paragraph 4 of the Agreement by
deleting the first three sentences and replacing them with the following:
“The Series will make Class 1 shares of the Master Funds listed on Appendix C available to the
Portfolios and will register for sale under the 1933 Act and, if required, under state securities
laws, such additional shares of the Master Funds as may be reasonably necessary for investment by
the Portfolios under this Agreement and maintain a continuous offering of the shares of the Master
Funds.”
IN WITHNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and
attested as of the date first above written.
PACIFIC LIFE INSURANCE COMPANY (on behalf of itself and each Account) |
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/s/ M.A. Xxxxx
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By: | Xxxx Xxx Xxxxx | |||||
Its: | Senior Vice President | |||||
/s/ Xxxxxx X. Milfs
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By: | Xxxxxx Milfs | |||||
Its: | Vice President and Corporate Secretary | |||||
PACIFIC SELECT FUND | ||||||
/s/ Xxxxxx X. Xxxxxxxx
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By: | Xxxxxx Xxxxxxxx | |||||
Its: | Vice President | |||||
PACIFIC SELECT DISTRIBUTORS, INC. | ||||||
/s/ Xxxxxx Xxxxxx
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By: | Xxxxxx Xxxxxx | |||||
Its: | Chief Financial Officer | |||||
/s/ Xxxxxx X. Milfs
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By: | Xxxxxx Milfs | |||||
Its: | Vice President and Corporate Secretary | |||||
AMERICAN FUNDS INSURANCE SERIES | ||||||
/s/ Xxxx X. Xxxxxx
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By: | Xxxx X. Xxxxxx | |||||
Its: | Secretary |
AMERICAN FUNDS DISTRIBUTORS, INC. | ||||||
/s/ Xxxxx X. Xxxxxxxx
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By: | Xxxxx X. Xxxxxxxx | |||||
Its: | President | |||||
CAPITAL RESEARCH MANAGEMENT COMPANY | ||||||
/s/ Xxxxxxx X. Xxxxxx
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By: | Xxxxxxx X. Xxxxxx | |||||
Its: | Senior Vice President |