The Fund Participation Agreement (the "Agreement"), dated November 2,
1998, by and among Lincoln Life & Annuity Company of New York and Lincoln
National Bond Fund, Inc. is hereby amended as follows:
Page 2, the second paragraph is replaced in its entirety with the following:
"WHEREAS, the Company has registered or will have registered each
Account with the SEC (unless exempt therefrom) as a unit investment trust under
the 1940 Act before any Contracts are issued by that Account; and"
Page 4, Article 2.1 is replaced in its entirety with the following:
"The Company represents and warrants (a) that the Contracts are
registered under the 1933 Act or will be so registered before the
issuance thereof (unless exempt therefrom), (b) that the Contracts will
be issued in compliance in all material respects with all applicable
Federal and state laws and (c) that the Company will require of every
person distributing the Contracts that the Contracts be offered and sold
in compliance in all material respects with all applicable Federal and
state laws. The Company further represents and warrants that it is an
insurance company duly organized and validly existing under applicable
law and that it has legally and validly authorized each Account as a
separate account under Section 4240 of the New York Insurance Law, and
has registered or, prior to the issuance of any Contracts, will register
each Account (unless exempt therefrom) as a unit investment trust in
accordance with the provisions of the 1940 Act to serve as a separate
account for its Contracts, and that it will maintain such registrations
for so long as any Contracts issued under them are outstanding."
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to the
Fund Participation Agreement to be executed in its name and behalf by its duly
authorized officer on the date specified below.
LINCOLN NATIONAL BOND FUND, INC.
Date: By:
Name: Xxxxx X. Xxxxxxxxx
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Title: President
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LINCOLN LIFE & ANNUITY COMPANY
OF NEW YORK
Date: By:
Name: Xxxxxx X. Xxxxxxx
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Title: President
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