AMENDMENT TO PARTICIPATION AGREEMENT
Exhibit 8(i)(i)
AMENDMENT TO PARTICIPATION AGREEMENT
This AMENDMENT TO PARTICIPATION AGREEMENT (the “Amendment”) is made and entered into as of this 1st day of September, 2003, by and among MONY LIFE INSURANCE COMPANY OF AMERICA (the “Company”), on its own behalf and on behalf of each separate account of the Company identified in the Participation Agreement (as defined below), THE UNIVERSAL INSTITUTIONAL FUNDS, INC. (formerly, XXXXXX XXXXXXX XXXX XXXXXX UNIVERSAL FUNDS, INC.) (the “Fund”) and XXXXXX XXXXXXX INVESTMENT MANAGEMENT INC. (formerly, XXXXXX XXXXXXX XXXX XXXXXX INVESTMENT MANAGEMENT INC.) (the “Adviser”).
WHEREAS, the Company, the Fund, the Adviser and XXXXXX XXXXXXX INVESTMENTS LP (formerly, XXXXXX XXXXXXXX & XXXXXXXX, LLP) (“MSI”) have entered into a Participation Agreement dated as of January 24, 1999, as such agreement may be amended from time to time (the “Participation Agreement”); and
WHEREAS, effective May 1, 2002, MSI assigned to the Adviser all of the rights and obligations of MSI under the Participation Agreement and the Adviser accepted assignment of such rights and assumed corresponding obligations from MSI on such terms.
NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Company, the Fund and the Adviser agree to amend the Participation Agreement as follows:
1. Schedule A of the Participation Agreement is deleted and replaced in its entirety with the attached Schedule A.
2. Schedule B of the Participation Agreement is deleted and replaced in its entirety with the attached Schedule B to identify share class.
3. Except as provided herein, the Participation Agreement shall remain in full force and effect. This Amendment and the Participation Agreement, as amended, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof and fully supersede any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof. In the event of any conflict between the terms of this Amendment and the Participation Agreement, the terms of this Amendment shall control.
4. This Amendment may be amended only by written instrument executed by each party hereto.
5. This Amendment shall be effective as of the date written above.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed in its name and on its behalf by its duly authorized representative and its seal hereunder affixed hereto as of the date specified above.
MONY LIFE INSURANCE COMPANY OF AMERICA | ||
By: | ||
Name: | ||
Title: |
THE UNIVERSAL INSTITUTIONAL FUNDS, INC. | ||
By: | /s/ Xxxxxxxx Xxxxx Yu | |
Name: Xxxxxxxx Xxxxx Yu | ||
Title: Vice President |
XXXXXX XXXXXXX INVESTMENT MANAGEMENT INC. | ||
By: | /s/ Xxxxxxxx Xxxxx Yu | |
Name: Xxxxxxxx Xxxxx Yu | ||
Title: Executive Director |
2
SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
Name of Separate Account and Date Established by Board of Directors |
Form Number and Name of Contract Funded by Separate Account | |
MONY America Variable Account L (Established on February 19, 1985) |
Flexible Premium Variable Life Insurance Policy (Form # Bl-96) | |
Flexible Premium Variable Universal Life Insurance Policy (MONY Variable Universal Life) | ||
Last Survivor Flexible Premium Variable Universal Life Insurance Policy (MONY Survivorship Variable Universal Life) | ||
MONY Custom Equity Master (VUL) | ||
MONY Custom Estate Master (SVUL) | ||
Corporate Sponsored Group Variable Universal Life Insurance Policy (CSGVUL) | ||
Flexible Premium Variable Universal Life Insurance Policy (MONY Variable Universal Life B3-03/B4-04) | ||
MONY America Variable Account A (Established on March 27, 1987) |
Flexible Payment Variable Annuity (MONY Variable Annuity) | |
MONY Custom Master Variable Annuity | ||
Flexible Payment Variable Annuity (MONY C Variable Annuity) | ||
Flexible Payment Variable Annuity (MONY L Variable Annuity) | ||
Flexible Payment Variable Annuity (SmartMONY Variable Annuity) |
A-1
SCHEDULE B
PORTFOLIOS OF THE UNIVERSAL INSTITUTIONAL
FUNDS, INC. AVAILABLE UNDER THIS AGREEMENT
Equity Growth Portfolio—Class I Shares
Core Plus Fixed Income Portfolio—Class I Shares
Value Portfolio—Class I Shares
U.S. Real Estate Portfolio—Class I Shares
Global Value Equity Portfolio—Class I Shares
Emerging Markets Equity Portfolio—Class I Shares
Emerging Markets Debt Portfolio—Class I Shares
B-1