AMENDMENT TO AMENDED AND RESTATED FUND PARTICIPATION AGREEMENT
AMENDMENT
TO
AMENDED AND RESTATED
This AMENDMENT (the “Amendment”) amends that certain Amended and Restated Fund Participation Agreement dated as of February 1, 2015, as amended (the “Agreement”) between Protective Life Insurance Company (“Insurance Company”), and each Participating Fund. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Agreement
WHEREAS, the parties desire to amend Exhibit A of the Agreement to update the list of Separate Accounts subject to the Agreement;
WHEREAS, the parties further desire to amend Exhibit B of the Agreement to update the list of Participating Funds subject to the Agreement;
WHEREAS, the parties further desire to amend the Agreement to update the names of certain entities referenced in the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
- Exhibit A of the Agreement is hereby deleted in its entirety and replaced with the new Exhibit A attached hereto.
- Exhibit B of the Agreement is hereby deleted in its entirety and replaced with the new Exhibit B attached hereto.
- The name of The Dreyfus Corporation was changed to BNY Mellon Investment Adviser, Inc., effective June 2019. Accordingly, all references in the Agreement to “The Dreyfus Corporation” or “Dreyfus” are hereby deleted and replaced with “BNY Mellon Investment Adviser” and “BNYMIA,” respectively.
- The name of MBSC Securities Corporation was changed to BNY Mellon Securities Corporation, effective June 2019. Accordingly, all references in the Agreement to “MBSC Securities Corporation” or “MBSC” are hereby deleted and replaced with “BNY Mellon Securities Corporation” and “BNYMSC,” respectively.
- This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which taken together shall constitute one and the same Amendment.
- This Amendment will be effective as of October 13, 2021 (the “Effective Date”)
- Except as otherwise specifically provided for herein, the Agreement shall remain in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the Effective Date.
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PROTECTIVE LIFE INSURANCE COMPANY
Signed:
/s/ Xxxxx X. Xxxxx ______________
Name:
Xxxxx X Xxxxx _________________
Title:
VP, Operations _________________
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EACH PARTICIPATING FUND
Signed:
/s/ Xxxxx Xxxxxxx __________________
Name:
Xxxxx Xxxxxxx
Title:
Vice President and Secretary
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BNY MELLON INVESTMENT ADVISER, INC. (with respect to Article X only)
Signed:
/s/ Xxxxx Xxxxxxx __________________
Name:
Xxxxx Xxxxxxx
Title:
Secretary
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EXHIBIT A
Name of Separate Accounts
Non-COLI Business:
Protective Acquired Variable Separate Account
Protective Acquired Variable Annuity Separate Account
RetireMap Variable Account
Titanium Annuity Variable Account
Titanium Universal Life Variable Account
COLI Business:
Protective COLI PPVUL
Protective COLI PPVUL SV
BOLI Business:
Protective BOLI PPVUL
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EXHIBIT B
LIST OF PARTICIPATING FUNDS
The provisions of this Agreement apply exclusively to the dealer code and branch codes specified in this Exhibit B. Insurance Company is solely responsible for providing the correct dealer and branch codes on each account.
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Fund Name
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Share Class
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BNY Mellon Investment Portfolios:
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MidCap Stock Portfolio
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Initial and Service Shares
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Small Cap Stock Index Portfolio
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Service Shares
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Technology Growth Portfolio
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Initial and Service Shares
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BNY Mellon Stock Index Fund, Inc.
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Initial Shares
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BNY Mellon Sustainable U.S. Equity Portfolio, Inc. (formerly, The Socially Responsible Growth Fund, Inc.)
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Initial and Service Shares
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BNY Mellon Variable Investment Fund
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Appreciation Portfolio
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Initial Shares
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Growth and Income Portfolio
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Initial Shares
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Government Money Market Portfolio (formerly, Money Market Portfolio)
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-
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Opportunistic Small Cap Portfolio
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Initial Shares
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-
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