SECOND AMENDMENT TO THE FUND PARTICIPATION AGREEMENT
SECOND AMENDMENT TO THE
THIS SECOND AMENDMENT (the “Amendment”) to the Fund Participation Agreement is made as of this 20th day of April, 2015 (the “Effective Date”), by and between Great-West Life & Annuity Insurance Company (“GWL&A”), Great-West Life & Annuity Insurance Company of New York (formerly First Great-West Life & Annuity Insurance Company) (“GWL&ANY”), and Xxxx Xxxxx Investor Services, LLC (the “Distributor”) (each a “Party” and collectively the “Parties”).
WHEREAS, the Parties entered into a Fund Participation Agreement dated December 27, 1999, as amended July 27, 2012 (the “Agreement”);
WHEREAS, the Parties now desire to amend the Agreement.
NOW, THEREFORE, the Parties agree to the following:
1. FutureFunds Series Account and FutureFunds Select are hereby added as segregated asset accounts that may invest in shares of the Fund.
2. All references in the Agreement to the “Account” shall be deemed to refer to FutureFunds II Series Account of GWL&A, FutureFunds II Series Account of GWL&ANY, Variable Annuity Account 5 of GWL&A, Variable Annuity Account 5 of GWL&ANY, FutureFunds Series Account of GWL&A, and FutureFunds Select of GWL&A.
3. Schedule A of the Agreement is hereby deleted in its entirety and replaced with Schedule A attached hereto.
4. Except to the extent modified by this Amendment, the remaining provisions of the Agreement will remain in full force and effect. In the event of a conflict between the provisions of the Agreement and those of this Amendment, the Amendment will control.
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IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective as of the Effective Date.
GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY
By: ________________________
Name: ______________________
Title: _______________________
GREAT-WEST LIFE & ANUITY INSURANCE COMPANY of NEW YORK
By: _________________________
Name: _______________________
Title: ________________________
Xxxx Xxxxx INVESTOR SERVICES, LLC
By: _________________________
Name: _______________________
Title: ________________________
(Schedule A to follow)
SCHEDULE A
DESIGNATED PORTFOLIOS
Class A - Funds | Symbol | CUSIP | Fees Per Annum |
ClearBridge International Small Cap Fund | LCOAX | 00000X000 | 25 basis points |
ClearBridge Small Cap Growth Fund | SASMX | 00000X000 | 25 basis points |
Class IS - Series of Funds | Fees Per Annum |
Xxxx Xxxxx Series of Funds | No Compensation |
Western Asset Series of Funds | No Compensation |
