AMENDMENT TO FUND PARTICIPATION AGREEMENT
AMENDMENT TO FUND PARTICIPATION AGREEMENT
THIS AMENDMENT TO FUND PARTICIPATION AGREEMENT is made as of this 24th day of October, 2007, by and among GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY (“GWL&A”), XXXXXXXXX XXXXXX ADVISERS MANAGEMENT TRUST (“Trust”), XXXXXXXXX XXXXXX MANAGEMENT INC. (“NBMI”) (GWL&A, the Trust and NBMI collectively, the “Parties”), and FIRST GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY (“First GWL&A”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
RECITALS
WHEREAS, the Parties are parties to a Fund Participation Agreement dated January 1, 1999 (the “Agreement”); and
WHEREAS, the Parties to the Agreement desire to add First GWL&A, a New York life insurance company, as a Party to the Agreement; and
WHEREAS, the Parties to the Agreement desire to add additional separate Accounts; and
WHEREAS, The Parties desire and agree to amend the Agreement by deleting in its entirety Appendix B of the Agreement and replacing it with the Appendix B attached hereto.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the Parties hereby amend the Agreement as follows:
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First GWL&A is hereby added as a Party to the Agreement. The Parties to the Agreement, including First GWL&A, agree that each representation, warranty, covenant, condition and other provision of the Agreement that is applicable to GWL&A shall also be applicable to First GWL&A, with the following changes: (i) the First GWL&A Account was established under the insurance laws of the State of New York; (ii) references in Section 2.1 to certain Colorado laws shall be changed to New York laws for the purposes of the First GWL&A Account. The rights and |
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obligations of GWL&A and First GWL&A under the Agreement as amended hereby shall be several and not joint.
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All references to the “Account” now include the COLI VUL Series Account 4 (GWL&A). |
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All references to the “First GWL&A Account” now include the COLI VUL Series Account 2 (First GWL&A) and COLI VUL Series Account 4 (First GWL&A). |
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4. |
Appendix B of the Agreement is hereby replaced in its entirety with Appendix B as attached and incorporated by reference to this Amendment. |
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the 24th day of October, 2007.
GREAT-WEST LIFE AND ANNUITY INSURANCE COMPANY
By its authorized officer,
By:/s/ Xxx Laeyendecker_____________
Name: Xxx Xxxxxxxxxxxx
Title: Senior Vice President
Date: 10/24/2007
FIRST GREAT-WEST LIFE AND ANNUITY INSURANCE COMPANY
By its authorized officer,
By:/s/ Xxxxxx X. Shaw_______________
Name: Xxxxxx X. Xxxx
Title: Senior Vice President
Date: 10/24/2007
XXXXXXXXX XXXXXX ADVISERS MANAGEMENT TRUST
By its authorized officer,
By:/s/ Xxxxx X. Sundman______________
Name: Xxxxx X. Xxxxxxx
Title: Chairman and CEO
Date: November 6, 2007
XXXXXXXXX XXXXXX MANAGEMENT INC.
By its authorized officer,
By:/s/ Xxxxx X. Sundman______________
Name: Xxxxx X. Xxxxxxx
Title: President
Date: November 6, 2007
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Appendix B
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Separate Accounts |
Selected Portfolios |
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Maxim Series Account |
Partners |
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COLI VUL Series Account 2 |
Partners, Guardian, Mid-Cap Growth |
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Socially Responsible, AMT Xxxxxxxx |
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COLI VUL Series Account 2 (First GWL&A) |
Partners, Guardian, Mid-Cap Growth |
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Socially Responsible, AMT Xxxxxxxx |
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COLI VUL Series Account 4 |
Partners, Guardian, Mid-Cap Growth |
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Socially Responsible, AMT Xxxxxxxx |
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COLI VUL Series Account 4 (First GWL&A) |
Partners, Guardian, Mid-Cap Growth |
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Socially Responsible, AMT Xxxxxxxx |
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