EXHIBIT (H)(21)(I)
THIRTEENTH AMENDMENT
TO
PARTICIPATION AGREEMENT
AMONG
AMERICAN GENERAL LIFE INSURANCE COMPANY,
AMERICAN GENERAL EQUITY SERVICES CORPORATION,
VALIC COMPANY I AND
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
THIS THIRTEENTH AMENDMENT TO PARTICIPATION AGREEMENT ("Amendment") effective
as of April 30, 2013, amends the Participation Agreement dated as of
February 26, 1998 (the "Agreement"), among AMERICAN GENERAL LIFE INSURANCE
COMPANY (the "Company"), on its own behalf and on behalf of each separate
account of the Company set forth on Schedule B of the Agreement (the
"Account"), AMERICAN GENERAL EQUITY SERVICES CORPORATION ("AGESC"), VALIC
COMPANY I (the "Fund"), and THE VARIABLE ANNUITY LIFE INSURANCE COMPANY (the
"Adviser"), (collectively, the "Parties"). All capitalized terms not otherwise
defined in this Amendment, shall have the same meaning as ascribed in the
Agreement.
WHEREAS, from time to time, the Fund will make additional Portfolios
available to one or more Accounts of the Company; and
WHEREAS, the Parties now desire to amend the Agreement to reflect the
additional Portfolios of the Fund to be made available to certain Accounts of
the Company.
NOW, THEREFORE, in consideration of their mutual promises, the Parties agree
as follows:
1. Schedule A to the Agreement, a revised copy of which is attached hereto, is
hereby amended to add the Dynamic Allocation Fund, Emerging Economies Fund
and the Foreign Value Fund to Separate Account VL-R.
2. The parties acknowledge that from time to time the Fund will make additional
Portfolios available to the Accounts of the Company. In this regard, the
Parties agree that the Company may, upon written notice to the other
parties, add such new Portfolios to Schedule A of the Agreement, and thereby
amend Schedule A of the Agreement.
3. Section 3.2(e) of the Agreement is deleted in its entirety and replaced with
the following:
(e) Certain Administrative Expenses of the Company. The Adviser will
reimburse the Company on a calendar quarterly basis, for certain of
the administrative costs and expenses incurred by the Company as a
result of operations necessitated by the beneficial ownership of
shares of the Portfolios of the Fund by owners of those Contracts
which are subject to such reimbursement as indicated on Schedule B
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hereto. Such reimbursement shall be in an amount set forth on
Schedule A based on the net assets of the Funds attributable to such
Contracts. The determination of applicable assets shall be made by
averaging assets in applicable Portfolios of the Fund as of the last
Business Day of each calendar month failing within the applicable
calendar quarter. In no event shall such fee be paid by the Fund, its
shareholders or by any Contract owner.
4. It is anticipated that AGESC will be merging with and into SunAmerica
Capital Services, Inc. ("SACS"), the surviving company and also an affiliate
of the Company, by no later than on or about May 31, 2013 (the "Merger"). In
contemplation of this Merger, it is affirmed and acknowledged that upon
occurrence of such event, the distributor, AGESC, for the Contracts funded
in the Separate Accounts shall change to SACS without further action on the
part of any parties to this Agreement.
5. Except as amended hereby, the Agreement is hereby ratified and confirmed in
all respects.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed in its name and on its behalf by its duly authorized representative
hereto as of the date specified above.
AMERICAN GENERAL LIFE INSURANCE COMPANY,
on behalf of itself and each of its Separate
Accounts named in Schedule B of the Agreement,
as amended from time to time.
ATTEST:
By: By:
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Name: Name:
-------------------------------- ------------------------------
Title: Title:
-------------------------------- ------------------------------
AMERICAN GENERAL EQUITY SERVICES CORPORATION
ATTEST:
By: By:
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Name: Name:
-------------------------------- ------------------------------
Title: Title:
-------------------------------- ------------------------------
2
VALIC COMPANY I
ATTEST:
By: By:
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Name: Name:
------------------------------- -------------------------------
Title: Title:
------------------------------- -------------------------------
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
ATTEST:
By: By:
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Name: Name:
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Title: Title:
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SCHEDULE A
PORTFOLIOS OF
VALIC COMPANY I
AVAILABLE FOR PURCHASE BY
AMERICAN GENERAL LIFE INSURANCE COMPANY
UNDER THIS AGREEMENT
(AS OF APRIL 30, 2013 EXCEPT AS OTHERWISE INDICATED BELOW)
ADMINISTRATIVE SERVICE FEE
FUND NAME SEPARATE ACCOUNT PURSUANT TO SECTION 3.2(E)
--------- ---------------- --------------------------
Asset Allocation Fund A [___%]
Blue Chip Growth Fund D [___%]
Capital Conservation Fund A [___%]
Dynamic Allocation Fund VL-R [___%]
Emerging Economies Fund VL-R [___%]
Foreign Value Fund VL-R [___%]
Government Securities Fund A [___%]
Income & Growth Fund D [___%]
Health & Sciences Fund D [___%]
International Equities Fund D and VL-R [___%]
Mid Cap Index Fund A, D, VL-R and VUL* [___%]
Money Market I Fund A, D, VL-R and VA-2 ** [___%]
Nasdaq-100 Index Fund D, VL-R and VUL* [___%]
Science & Technology Fund A, D, VL-R and VUL* [___%]
Small Cap Index Fund A, D and VL-R [___%]
Social Awareness Fund A, D and VL-R [___%]
Stock Index Fund A, D, VL-R and VA-2 ** [___%]
*Separate Account VUL was added effective August 15, 2003.
**Separate Account VA-2 was added effective December 31, 2002.
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