EXHIBIT (3)(a)(2) AMENDMENT NO. 3 TO THE AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT
EXHIBIT (3)(a)(2)
AMENDMENT NO. 3 TO THE AMENDED AND RESTATED
PRINCIPAL UNDERWRITING AGREEMENT
AMENDMENT NO. 3 TO THE
AMENDED AND RESTATED
PRINCIPAL UNDERWRITING AGREEMENT
Amendment dated November 1, 2007 to the Amended and Restated Principal Underwriting Agreement, dated as of January 25, 2005, by and between Transamerica Capital, Inc. (“TCI”) and Transamerica Financial Life Insurance Company (“TFLIC”) (the “Agreement”).
Whereas, the introductory paragraph has been revised to include reference to Exhibit B as an additional Exhibit to the Agreement for inclusion of the variable life separate accounts. The paragraph will now read as follows:
THIS AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT made and effective as of the 25th day of January, 2005, by and between Transamerica Capital, Inc. (“TCI”), an Iowa corporation, and Transamerica Financial Life Insurance Company (“TFLIC”), a New York Corporation, on its own behalf and on behalf the separate investment accounts of TFLIC set forth in Exhibit A (annuity accounts) and Exhibit B (life accounts) attached hereto and made a part hereof (collectively, the “Account(s)”).
WHEREAS, Exhibit A of the Agreement is hereby deleted in its entirety and replaced with the attached Exhibit A. Exhibit A has been revised to include only the variable annuity products and their respective separate investment accounts issued by TFLIC.
WHEREAS, we are adding Exhibit B to the Agreement. Exhibit B incorporates the variable life insurance products and their respective separate investment accounts issued by TFLIC into the Agreement.
NOW, THEREFORE, in consideration of the above premises and of the mutual promises contained herein and the mutual benefits to be derived herefrom, TCI and TFLIC (the “parties”), intending to be legally bound, hereby agree as follows:
| 1. | Agreement Remains Effective. Unless expressly modified by this Amendment, all terms and conditions contained in the Agreement shall remain in effect accordance with the terms of the Agreement. |
| 2. | Entire Agreement and Modification. This Amendment and the Agreement contain the entire understanding and agreement between the parties hereto and supersede all prior or contemporaneous agreements relative to the subject matter of the Agreement. This Amendment and the Agreement may not be amended, modified, supplemented or changed, in any respect whatsoever, except by a written agreement duly executed by the parties. |
IN WITNESS WHEREOF, the parties, by their duly authorized officers, have executed this Amendment on the dates indicated.
| TRANSAMERICA CAPITAL, INC. | TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY | |||||||
| By: | /s/ Xxx Xxxxxxxxx |
By: | /s/ Xxxxx X. Xxxxx | |||||
| Xxx Xxxxxxxxx | Xxxxx X. Xxxxx | |||||||
| Title: | Executive Vice President and Chief Operating Officer | Title: | Assistant Vice President | |||||
| Date:11/27/2007 | Date: 26 November 2007 | |||||||
EXHIBIT A
Variable Annuity Product Separate Accounts
Separate Account VA BNY
Separate Account VA GNY
Separate Account VA QNY
Separate Account VA WNY
Separate Account VA-5NLNY
Separate Account VA-6NY
Separate Account VA-2LNY
TFLIC Separate Account C
TFLIC Separate Account VNY
TFLIC Series Annuity Account
EXHIBIT B
Variable Life Product Separate Accounts
TFLIC Series Life Account
