AMENDMENT NO. 3
PARTICIPATION AGREEMENT
The Participation Agreement (the "Agreement"), dated April 30, 2004, as amended,
by and among AIM Variable Insurance Funds, a Delaware trust; A I M Distributors,
Inc., a Delaware corporation, and FIRST GREAT-WEST LIFE & ANNUITY INSURANCE
COMPANY, a New York life insurance company ("First GWL&A"), on behalf of itself
and each of its segregated asset accounts listed in Schedule A hereto, as the
parties hereto may amend from time to time (each, an "Account," and
collectively, the "Accounts"); and as the principal underwriter of the Contracts
("UNDERWRITER"), is hereby amended as follows:
WHEREAS, on March 31, 2008, A I M Distributors, Inc. was renamed Invesco
Aim Distributors, Inc. and all references to A I M Distributors, Inc. will
hereby be deleted and replaced with Invesco Aim Distributors, Inc.; and
Schedule A of the Agreement is hereby deleted in its entirety and replaced
with the following:
SCHEDULE A
FUNDS AVAILABLE UNDER THE CONTRACTS
AIM V.I. Basic Balanced Fund
AIM V.I. Basic Value Fund
AIM V.I. Capital Appreciation Fund
AIM V.I. Capital Development Fund
AIM V.I. Core Equity Fund
AIM V.I. Diversified Income Fund
AIM V.I. Dynamics Fund
AIM V.I. Financial Services Fund
AIM V.I. Global Health Care Fund
AIM V.I. Global Real Estate Fund
AIM V.I. Government Securities Fund
AIM V.I. High Yield Fund
AIM V.I. International Growth Fund
AIM V.I. Large Cap Growth Fund
AIM V.I. Leisure Fund
AIM V.I. Mid Cap Core Equity Fund
AIM V.I. Money Market Fund
AIM V.I. Small Cap Equity Fund
AIM V.I. Technology Fund
AIM V.I. Utilities Fund
SEPARATE ACCOUNTS UTILIZING THE FUNDS
CONTRACTS FORM NUMBERS
--------- ------------
Xxxxxxx Xxxxxx & Co., Inc. J434 NX
Schwab Variable Annuity
COLI VUL - 2 Series Account J355NY
COLI VUL - 4 Series Account J500NY
COLI VUL - 1 Series Account PPVUL - NY
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All other terms and provisions of the Agreement not amended herein shall remain
in full force and effect.
Effective date: December 23, 2008
AIM VARIABLE INSURANCE FUNDS
Attest: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxx X. Xxxx
----------------------------- ------------------------------------
Name: Xxxxx Xxxxxxxx Name: Xxxx X. Xxxx
Title: Assistant Secretary Title: Senior Vice President
INVESCO AIM DISTRIBUTORS, INC.
Attest: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxx X. Xxxxxx
----------------------------- ------------------------------------
Name: Xxxxx Xxxxxxxx Name: Xxxx X. Xxxxxx
Title: Assistant Secretary Title: President
FIRST GREAT-WEST LIFE & ANNUITY
INSURANCE COMPANY
Attest: /s/ Xxxxxx Xxxxxxx By: /s/ Xxx Xxxxxxxxxxxx
----------------------------- ------------------------------------
Name: Xxxxxx Xxxxxxx Name: Xxx Xxxxxxxxxxxx
Title: Business Support Admin Title: Senior Vice President
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