AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
AMONG
GOLDEN AMERICAN LIFE INSURANCE COMPANY,
PIMCO VARIABLE INSURANCE TRUST,
AND
PIMCO FUNDS DISTRIBUTORS LLC
This Amendment No. 1 to the Participation Agreement dated May 1, 1998 (the
"Agreement") between Golden American Life Insurance Company (the "Company"),
PIMCO Variable Insurance Trust (the "Fund"), and PIMCO Funds Distributors LLC
(the "Underwriter") is effective as of April 1, 2000. Capitalized terms not
otherwise defined herein shall have the meanings ascribed to them in the
Agreement.
WHEREAS, the Company, the Fund, and the Underwriter have entered into the
Agreement to provide for the purchase by the Company, on behalf of one or more
of its segregated asset accounts ("Accounts"), of shares of beneficial interest
of the several series ("Portfolios") of the Fund;
WHEREAS, the Fund, effective April 1, 2000, may offer shares of its
Portfolios in two classes, designated "Institutional Class" shares and
"Administrative Class" shares;
WHEREAS, the shares of the Portfolios offered prior to April 1, 2000 have
been designated as Administrative Class shares;
NOW, THEREFORE, in consideration of their mutual promises, the Company, the
Fund and the Underwriter agree that the final WHEREAS clause in the Agreement be
amended to read as follows:
"WHEREAS, to the extent permitted by applicable insurance laws and
regulations, the Company intends to purchase Administrative Class
shares in the Portfolios listed in Schedule A hereto, as it may be
amended from time to time by mutual written agreement (the "Designated
Portfolios") on behalf of the Account to fund the aforesaid Contracts,
and the Underwriter is authorized to sell such shares to the Account
at net asset value;"
This Amendment No. 1 may be executed simultaneously in two or more
counterparts, each of which taken together shall constitute one and the same
instrument.
GOLDEN AMERICAN LIFE INSURANCE COMPANY
By its authorized officer
By: /s/ Xxxxx X. Xxxxxxxx
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Title: Senior Vice President
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Date: May 30, 2000
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PIMCO VARIABLE INSURANCE TRUST
By its authorized officer
By: /s/ Xxxxx X. Xxxxxx
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Title: CEO
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Date:
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PIMCO FUNDS DISTRIBUTORS LLC
By its authorized officer
By: /s/ Xxxxxx X. Xxxxxx
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Title: Executive Vice President
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Date: 7-11-00
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