FIRST AMENDMENT TO PARTICIPATION AGREEMENT
FIRST AMENDMENT TO
This First Amendment is, dated and effective as of December 11, 2020, to the Participation Agreement (the “Agreement”), effective May 1, 1999, between XXX XXX WORLWIDE INSURANCE TRUST (THE “FUND”), XXX XXX SECURITIES CORPRATION (The “Underwriter”), XXX XXX ASSOCIATES CORPORATION (the “Adviser”) and PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY (the “Company”).
WHEREAS, the parties wish to amend the Agreement to update the separate accounts listed in Schedule A and the Portfolios of the Fund listed in Schedule B;
NOW THEREFORE, the parties hereby agree to amend the Agreement as follows:
- Xxx Xxx VIP Trust. All references to Xxx Xxx Worldwide Insurance Trust shall be replaced with XxxXxx VIP Trust.
- Schedules A and B. Schedules A and B to the Agreement are hereby deleted in their entirety and replaced with Schedules A and B attached hereto.
- Ratification and Confirmation of Agreement. In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment shall control and the Agreement shall be interpreted on that basis. To the extent the provisions of the Agreement have not been amended by this Amendment, the Parties hereby confirm and ratify the Agreement.
- Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one instrument.
- Full Force and Effect. Except as expressly supplemented, amended or consented to hereby, all of the terms, representations, warranties, terms, covenants and conditions of the Agreement shall remain unamended and shall continue to be in full force and effect.
IN WITNESS WHEREOF, the parties have each caused this Agreement to be executed in its name and on its behalf by its duly authorized representative as of the date and year first above written.
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XXX XXX VIP TRUST
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XXX XXX ASSOCIATES CORPORATION
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By: /s/ Xxxxx Xxxxxxxx
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By: /s/ Xxxxx Xxxxxxxx
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Name: Xxxxx Xxxxxxxx
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Name: Xxxxx Xxxxxxxx
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Title: Vice President
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Title: Vice President
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XXX XXX SECURITIES CORPORATION
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By: /s/ Xxxxx Xxxxxxxx
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By: /s/ Xxxxx Xxxxxx
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Name: Xxxxx Xxxxxxxx
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Name: Xxxxx Xxxxxx
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Title: Vice President
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Title: Chief Product Officer – Retirement Division
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SCHEDULE A
SEPARATE ACCOUNTS OF PROTECTIVE LIFE INSURANCE COMPANY
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Separate Accounts
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Date Established by the Board of Directors
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Variable Annuity Account A of Protective Life
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12/5/1997
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Protective NY COLI VUL Separate Account
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(2/25/2020
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Protective NY COLI PPVUL Separate Account
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(2/25/2020
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SCHEDULE B
PORTFOLIOS OF THE XXX XXX WORLWIDE INSURANCE TRUST
XxxXxx VIP Global Hard Assets Fund
Xxx Xxx VIP Emerging Markets Fund
