AMENDMENT NO. 1 TO FUND PARTICIPATION AGREEMENT
AMENDMENT NO. 1 TO FUND PARTICIPATION
AGREEMENT
THIS AMENDMENT (“Amendment”) to the Fund Participation Agreement dated October 19, 2017 (the “Agreement”) is made as of this 18th day of January, 2018 by and among COMMONWEALTH ANNUITY AND LIFE INSURANCE COMPANY, a Massachusetts corporation (the “Company”), acting herein for and on behalf of the Company and on behalf of each separate account set forth on Schedule A of the Agreement, as may be amended from time to time (the “Separate Accounts”); FORETHOUGHT VARIABLE INSURANCE TRUST (the “Trust”), acting herein for itself and on behalf of each series set forth on Schedule B of the Agreement, as may be amended from time to time (the “Series”); NORTHERN LIGHTS DISTRIBUTORS, LLC, a Nebraska limited liability company and FVIT’s principal underwriter (“Northern Lights”); GLOBAL ATLANTIC DISTRIBUTORS, LLC, a Delaware limited liability company and FVIT’s principal underwriter, effective January 1, 2019 (“GAD”); and GLOBAL ATLANTIC INVESTMENT ADVISORS, LLC (the “Adviser”)(collectively, the “Parties”).
WHEREAS, the Company, the Trust, Northern Lights, and the Advisor are parties to the Agreement;
WHEREAS, effective January 1, 2019, GAD will replace Northern Lights as FVIT’s principal underwriter; and
WHEREAS, the Parties mutually desire to amend the Agreement to replace Northern Lights as a party to the Agreement with GAD;
NOW, THEREFORE, in consideration of the mutual promises herein, the Parties hereby agree to amend the Agreement as follows, effective January 1, 2019:
1. To remove Northern Lights as a party to the Agreement;
2. To delete all references to Northern Lights in the Agreement and replace them with GAD; and
3. To update the contact information in Article X for the FVIT Distributor as follows:
Global Atlantic Distributors, LLC
One Financial Plaza
000 Xxxx Xxxxxx, 00xx Xxxxx
Xxxxxxxx, XX 00000
Attn: Legal Counsel
4. The Parties agree that this Amendment is not an assignment of the rights of Northern Lights to GAD. For the avoidance of doubt, the provisions of Article 7 shaII survive termination of Northern Lights as a Party to the Agreement.
5. This Amendment may be executed simultaneously in two or more counterparts, each of which taken together shall constitute one and the same instrument.
Unless otherwise indicated, capitalized terms used herein shall have the meanings ascribed to such terms in the Agreement.
Except as specifically modified by this Amendment, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused their duly authorized officers to execute this Amendment as of the date and year first written above.
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COMMONWEALTH ANNUITY & LIFE INSURANCE COMPANY, on its behalf and on behalf of the separate accounts set forth on Schedule A of the Agreement, as maybe amended from time to time |
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By: |
/s/ Xxxxxx Xxxxx Jr. |
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Name: Xxxxxx Xxxxx Jr. |
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Title: President |
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FORETHOUGHT VARIABLE INSURANCE TRUST On its behalf and on behalf of the series set forth on Schedule B of the Agreement, as may be amended from time to time |
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By: |
/s/ Xxxxxx Xxxxx Jr. |
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Name: Xxxxxx Xxxxx JR. |
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Title: President |
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GLOBAL ATLANTIC ADVISORS, LLC |
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By: |
/s/ Xxxx Xxxx |
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Name: Xxxx Xxxx |
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Title: President |
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NORTHERN LIGHTS DISTRIBUTORS, LLC |
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By: |
/s/ Xxxxxxx Xxxxxx |
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Name: Xxxxxxx Xxxxxx |
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Title: President |
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GLOBAL ATLANTIC DISTRIBUTORS, LLC |
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By: |
/s/ Xxxxxx Xxxxx, Jr. |
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Name: Xxxxxx Xxxxx Jr. |
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Title: President |
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