AMENDMENT TO FUND PARTICIPATION AGREEMENT
Exhibit (8)(b)
AMENDMENT TO FUND PARTICIPATION AGREEMENT
THIS AMENDMENT TO FUND PARTICIPATION AGREEMENT is made as of this 8th day of November, 2011, by and among The Xxxxx Portfolios (formerly The Xxxxx American Fund), Xxxx Xxxxx Management, Inc., Xxxx Xxxxx & Company, Incorporated and First Great-West Life & Annuity Insurance Company (“First Great-West”) ( collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
RECITALS
WHEREAS, the Parties entered into to a Fund Participation Agreement dated July 8, 1997, as amended, (the “Agreement”); and
WHEREAS, the Parties desire to add additional First Great-West separate accounts to the Agreement; and
WHEREAS, the Parties desire and agree to amend the Agreement by deleting in its entirety Schedule A of the Agreement and replacing it with the Schedule A attached hereto.
WHEREAS, the Parties to the Agreement desire to add additional portfolio investment options to the Account; and
WHEREAS, the Parties desire and agree to amend the Agreement by deleting in its entirety Schedule B of the Agreement and replacing it with the Schedule B attached hereto.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the Parties hereby amend the Agreement as follows:
| 1. | The first paragraph of the Agreement is deleted in its entirety and replaced with the following: |
“THIS AGREEMENT, made and entered into as of this 8th day of July, 1997 by and among FIRST GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY (hereinafter “FGWL&A”), a New York life insurance company, on its own behalf and on behalf of its separate accounts described in Schedule A (the “Account(s)”);
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XXX XXXXX PORTFOLIOS, a business trust organized under the laws of the Commonwealth of Massachusetts (hereinafter, the “Fund”); XXXX XXXXX MANAGEMENT, INC. (hereinafter, the “Adviser”), a New York corporation; and XXXX XXXXX & COMPANY, INCORPORATED (the Distributor”), a Delaware corporation.”
| 2. | Schedule A is hereby deleted in its entirety and replaced with the Schedule A attached hereto; and |
| 3. | Schedule B is hereby deleted in its entirety and replaced with the Schedule B attached hereto; and |
| 4. | All other provisions of the Agreement shall remain in full force and effect. |
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the 8th day of November, 2011.
FIRST GREAT-WEST LIFE AND ANNUITY INSURANCE COMPANY
By its authorized officer,
| By: |
/s/ Xxx Xxxxxxxxxxxx |
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| Name: Xxx Xxxxxxxxxxxx | ||||
| Title: Senior Vice-President | ||||
| Date: 00/0/00 |
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| XXX XXXXX PORTFOLIOS | ||||
| By its authorized officer, |
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| By: |
/s/ Xxxx Xxxx |
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| Name: Xxxx Xxxx |
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| Title: Assistant Secretary |
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| Date: 00/0/00 |
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| XXXX XXXXX MANAGEMENT, INC. | ||||
| By its authorized officer, |
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| By: |
/s/ Xxxx Xxxx |
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| Name: Xxxx Xxxx |
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| Title: Assistant Secretary |
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| Date: 00/0/00 |
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| XXXX XXXXX & COMPANY, INCORPORATED | ||||
| By its authorized officer, |
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| By: |
/s/ Xxxx Xxxx |
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| Name: Xxxx Xxxx |
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| Title: Assistant Secretary |
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| Date: 11/8/11 |
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SCHEDULE A
Separate Accounts
Name of Separate Accounts
First Great-West Life & Annuity Insurance Company Accounts:
Variable Annuity-1 Series Account
Variable Annuity-2 Series Account
SCHEDULE B
Authorized Funds
Any Portfolios which are available and open to new investors on or after the effective date of this Agreement.
