Amendment to Participation Agreement
This Amendment to each of the Participation Agreements ("Agreement")
currently in effect between American Funds Insurance Series (the "Series"),
Capital Research and Management Company ("CRMC") and Metropolitan Life Insurance
Company, MetLife Insurance Company of Connecticut, MetLife Investors USA
Insurance Company, MetLife Investors Insurance Company, First MetLife Investors
Insurance Company, New England Life Insurance Company and General American Life
Insurance Company (collectively, the "Company"), respectively, is effective this
30th day of April 2010. All capitalized terms used herein and not otherwise
defined shall have the meaning ascribed to such term in the respective
Agreements.
WHEREAS, the Series and the Company agree to distribute the prospectuses of
the funds within the Series pursuant to Rule 498 of the Securities Act of 1933
("Rule 498"); and
WHEREAS, the parties desire to set out the roles and responsibilities for
complying with Rule 498 and other applicable laws.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set
forth, and intending to be legally bound, the Agreement is hereby amended as
follows:
I. For purposes of this Amendment, the terms Summary Prospectus and
Statutory Prospectus shall have the same meaning as set forth in Rule
498.
2. The Series and CRMC each represents and warrants that the Summary
Prospectuses and the hosting of such Summary Prospectuses will comply
with the requirements of Rule 498 applicable to the Series and its
funds. The Series further represents and warrants that it has
reasonable policies and procedures in place designed to monitor such
web site for compliance with the requirements of Rule 498.
3. The Series and CRMC each agrees that the URL indicated on each Summary
Prospectus will lead contract owners directly to the web page used for
hosting Summary Prospectuses and that such web page will contain the
current Series' and funds' documents required to be posted in
compliance with Rule 498. The Series shall notify the Company of any
unexpected interruptions in the availability of this web page promptly
upon the Series' or CRMC's discovery of such interruption.
4. The Series and CRMC represent and warrant that they will be
responsible for compliance with the provisions of Rule 498(f)(1)
involving contract owner requests for additional Fund documents made
directly to the Series, CRMC or one of their affiliates. The Series
and CRMC further represent and warrant that any information obtained
about contract owners pursuant to this provision
will be used solely for the purposes of responding to requests for
additional Fund documents.
5. The Company represents and warrants that it will be responsible for
compliance with the provisions of Rule 498(f)(1) involving contract
owner requests for additional fund documents made directly to the
Company or one of its affiliates.
6. Company represents and warrants that any bundling of Summary
Prospectuses and Statutory Prospectuses will be done in compliance
with Rule 498.
7. CRMC and the Series may, at the Company's request, provide the Company
with URLs to the current Series' and funds' documents for use with
Company's electronic delivery of fund documents or on the Company's
website. CRMC and the Series will be responsible for ensuring the
integrity of the URLs and for maintaining the Series' and funds'
current documents on the site to which such URLs originally navigate
to. The Company will be responsible for the maintenance of any web
links to such URLs on the Company's website.
8. The Series and CRMC make no warranty, express or implied, that the
American Funds' website or the documents contained thereon will be
free from any defects, bugs, errors or malfunctions; provided, however
that the Series and CRMC hereby agree to use commercially reasonable
efforts to employ procedures consistent with industry practices
designed to reduce exposure to viruses.
9. If the Series determines that it will end its use of the Summary
Prospectus delivery option, the Series and CRMC will provide the
Company with at least 60 days' advance notice of its intent.
10. The parties agree that all other provisions of the Participation
Agreement, including the Indemnification provisions, will apply to the
terms of this Amendment as applicable.
11. The parties agree that the Company is not required to distribute
Summary Prospectuses to its contract owners, but rather use of the
Summary Prospectus will be at the discretion of the Company. The
Company agrees that it will give CRMC and the Series sufficient notice
of its intended use of the Summary Prospectuses or the Statutory
Prospectus.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to
be executed in its name and behalf by its duly authorized officer as of the date
first set forth above.
AMERICAN FUNDS INSURANCE SERIES
By: /s/ Xxxxxx X. Xxxxxxxx
-------------------------------------
Name: Xxxxxx X. Xxxxxxxx
Its: Secretary
CAPITAL RESEARCH AND MANAGEMENT COMPANY
By: /s/ Xxxxxxx X. Xxxxxx Approved for Signature
------------------------------------- by CRMC legal Dept.
Name: Xxxxxxx X. Xxxxxx
Its: Senior Vice President and Secretary
METROPOLITAN LIFE INSURANCE COMPANY
By:
Name:
Its:
METLIFE INSURANCE COMPANY OF CONNECTICUT
By:
Name:
Its:
METLIFE INVESTORS USA INSURANCE COMPANY
By:
Name:
Its:
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to
be executed in its name and behalf by its duly authorized officer as of the date
first set forth above.
AMERICAN FUNDS INSURANCE SERIES
By:
Name:
Its:
CAPITAL RESEARCH AND MANAGEMENT COMPANY
By:
Name:
Its:
METROPOLITAN LIFE INSURANCE COMPANY
By: /s/ Xxxx X. Xxxxxx, Xx.
-------------------------------------
Name: Xxxx X. Xxxxxx, Xx.
Its: Vice President
METLIFE INSURANCE COMPANY OF CONNECTICUT
By: /s/ Xxxx X. XxXxxxx
-------------------------------------
Name: Xxxx X. XxXxxxx
Its: Vice President and Actuary
METLIFE INVESTORS USA INSURANCE COMPANY
By: /s/ Xxxx X. XxXxxxx
-------------------------------------
Name: Xxxx X. XxXxxxx
Its: Vice President
METLIFE INVESTORS INSURANCE COMPANY
By: /s/ Xxxx X. XxXxxxx
-------------------------------------
Name: Xxxx X. XxXxxxx
Its: Vice President
FIRST METLIFE INVESTORS INSURANCE COMPANY
By: /s/ Xxxx X. XxXxxxx
-------------------------------------
Name: Xxxx X. XxXxxxx
Its: Vice President
NEW ENGLAND LIFE INSURANCE COMPANY
By: /s/ Xxxx X. Xxxxxx, Xx.
-------------------------------------
Name: Xxxx X. Xxxxxx, Xx.
Its: Senior Vice President
GENERAL AMERICAN LIFE INSURANCE COMPANY
By: /s/ Xxxx X. XxXxxxx
-------------------------------------
Name: Xxxx X. XxXxxxx
Its: Vice President and Actuary
