EXHIBIT (8)(d)(ii)
FIRST AMENDMENT
TO
PARTICIPATION AGREEMENT
AMONG
THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK,
AMERICAN GENERAL SECURITIES INCORPORATED,
AMERICAN GENERAL SERIES PORTFOLIO COMPANY AND
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
THIS FIRST AMENDMENT TO PARTICIPATION AGREEMENT ("Amendment") dated as of
October 1, 2000, amends the Participation Agreement dated as of July 1, 0000
(xxx "Xxxxxxxxx"), xxxxx XXX XXXXXX XXXXXX LIFE INSURANCE COMPANY IN THE CITY OF
NEW YORK (the "Company"), on its own behalf and on behalf of each separate
account of the Company set forth on Schedule B of the Agreement (the "Account"),
AMERICAN GENERAL SECURITIES INCORPORATED ("AGSI"), AMERICAN GENERAL SERIES
PORTFOLIO COMPANY (the "Fund"), and THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
(the "Adviser"), collectively, the "Parties." All capitalized terms not
otherwise defined in this Amendment, shall have the same meaning as ascribed in
the Agreement.
WHEREAS, from time to time, the Company will offer new Variable Insurance
Products which are not covered under the Agreement, but for which the Fund will
act as an investment vehicle for the Company's Accounts; and
WHEREAS, from time to time, the Fund will make additional Portfolios available
to the Accounts of the Company; and
WHEREAS, the parties now desire to amend the Agreement to reflect, among other
things, (i) the new Variable Insurance Products for which the Fund will act as
an investment vehicle for the Accounts, and (ii) the additional Portfolios of
the Fund, which will act as investment vehicles for such Accounts;
NOW, THEREFORE, in consideration of their mutual promises, the Parties agree as
follows:
1. Schedule B to the Agreement, a revised copy of which is attached hereto, is
hereby amended.
2. Schedule A to the Agreement, a revised copy of which is attached hereto, is
hereby amended.
3. The Parties acknowledge that from time to time the Company will introduce new
Variable Insurance Products for which the Fund will act as an investment
vehicle for certain of the Company's Accounts. In this regard, the Parties
agree that the Company may, upon written notice to the other Parties, add
such new Variable Insurance Products and Separate Accounts of the Company to
Schedule B of the Agreement, and thereby amend Schedule B of the Agreement.
4. The Parties acknowledge that from time to time that additional Portfolios of
the Fund will be made available to act as investment vehicles for the
Accounts. In this regard, the Parties agree
that the Fund may, upon written notice to the other Parties, add such new
Portfolios to Schedule A of the Agreement, and thereby amend Schedule A of
the Agreement.
5. Except as amended hereby, the Agreement is hereby ratified and confirmed in
all respects.
IN WITNESS WHEREOF, the Parties hereto has caused this Amendment to be executed
in its name and on its behalf by its duly authorized representative hereto as of
the date specified above.
THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, on behalf of
itself and each of its Accounts named in Schedule B hereto, as amended from
time to time.
By:
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Name:
Title:
AMERICAN GENERAL SECURITIES INCORPORATED
By:
------------------------------
Name:
Title:
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
By:
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Name:
Title:
AMERICAN GENERAL SERIES PORTFOLIO COMPANY
By:
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Name:
Title:
SCHEDULE A
(AS OF OCTOBER 1, 2000)
PORTFOLIOS OF AMERICAN GENERAL SERIES PORTFOLIO COMPANY
AVAILABLE FOR PURCHASE BY
THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK
UNDER THIS AGREEMENT
FUND NAME SEPARATE ACCOUNT
--------- ----------------
Money Market Fund The United State Life Insurance Company
In the City of New York
Separate Account USL VA-R
Established: August 8, 1997
International Equities Fund The United States Life Insurance Company
MidCap Index Fund In the City of New York
Money Market Fund Separate Account USL VL-R
Nasdaq-100 Index Fund Established: August 8, 1997
Science & Technology Fund
Small Cap Index Fund
Stock Index Fund
SCHEDULE B
SEPARATE ACCOUNTS AND CONTRACTS+
(AS OF OCTOBER 1, 2000)
NAME OF SEPARATE ACCOUNT AND FORM NUMBERS AND NAMES OF CONTRACTS FUNDED BY
DATE ESTABLISHED BY BOARD OF DIRECTORS SEPARATE ACCOUNT
-------------------------------------- ----------------------------------------------
Form No:
The United States Life Insurance Company in 98505N
The City of New York
Separate Account USL VA-R
Name of Contract:
Established: August 8, 1997 Select Reserve/SM/ Flexible Payment Variable and Fixed
Individual Deferred Annuity
The United States Life Insurance Company in Form No:
Xxx Xxxx xx Xxx Xxxx 00000X
Separate Account USL VL-R
Established: August 8, 1997 Name of Contract:
Platinum Investor Flexible Premium Variable Life
Insurance Policies
Form No:
99206N
Name of Contract:
Platinum Investor Survivor Last Survivor Flexible Premium
Variable Life Insurance Policies
+ The parties hereto agree that this Schedule B may be revised and replaced as
necessary to accurately reflect the Separate Accounts and Contracts covered
under this Agreement.
