Amendment No. 1 to Fund Participation Agreement
Amendment No. 1 to Fund Participation Agreement
This Amendment (the “Amendment”), to the Fund Participation Agreement by and among Lincoln Variable Insurance Products Trust, a Delaware statutory trust (“Trust”), on its behalf and on behalf of its investment series set forth in Exhibit A (each, a “Fund”), Lincoln Investment Advisors Corporation, a Tennessee corporation (“Adviser”), Lincoln Financial Distributors, Inc., a Connecticut corporation (“Distributor”), and Delaware Life Insurance Company, a life insurance company organized under the laws of the State of Delaware, and Delaware Life Insurance Company of New York, a life insurance company organized under the laws of the State of New York (“Company”) is effective as of May 1 , 2023 (the “Effective Date”).
WHEREAS, the parties hereto entered into the Fund Participation Agreement (“FPA”), executed and effective as of April 28, 2021;
WHEREAS, effective March 13, 2023, Lincoln Investment Advisors Corporation underwent a name change to “Lincoln Financial Investments Corporation.”; and
WHEREAS, the parties desire to amend the Agreement to permit the separate accounts to invest in additional funds;
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the parties, intending to be legally bound, agree as follows:
1. | Exhibits A and B shall be deleted in their entirety and replaced with Exhibits A and B attached hereto. |
2. | Unless otherwise defined in this Amendment, all terms used herein shall have the meanings they were ascribed in the Agreement. |
3. | All other terms and conditions of the Agreement remain in effect and are hereby incorporated herein by reference. |
4. | This Amendment may be executed in counterparts, each of which shall be deemed to be an original. |
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed by its duly authorized representative as of the Effective Date.
Lincoln Variable Insurance Products Trust |
Lincoln Financial Investments Corporation |
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By: | /s/ Xxxxxxx X. Xxxxx Xx. |
By: | /s/ Xxxxxxxx Xxxxxx |
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Name: | Xxxx Xxxxx |
Name: | Xxxxxxxx Xxxxxx |
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Title: | VP, Treasurer and CAO |
Title: | SVP, Head of Funds Management |
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Date: | 4/17/2023 |
Date: | 4/17/2023 |
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Lincoln Financial Distributors, Inc. | Delaware Life Insurance Company | |||||||||
By: | /s/ Xxxxxx X’Xxxxx |
By: | /s/ Xxxx X. Xxxxxx Xx. |
Digitally signed by Xxxx X Xxxxxx Xx DN:cn=Xxxx X Xxxxxx Xx, o, ou, xxxxxxXxxx.Xxxxxx@xxxxx0000.xxx, c=US Date: 2023.04.14 07:30:58-04’00’ | ||||||
Name: | Xxxxxx X’Xxxxx |
Name: | Xxxx Xxxxxx | |||||||
Title: | SVP |
Title: | Chief Product Officer | |||||||
Date: | 4/17/2023 |
Date: | 4/14/2023 |
Delaware Life Insurance Company of New York | ||||
By: | Xxxx X Xxxxxx Xx |
Digitally signed by Xxxx XXxxxxx Xx DN:cn=Xxxx X Xxxxxx Xx, o, ou, xxxxxxXxxx.Xxxxxx@xxxxx0000.xxx, c=US Date: 2023.04.14 07:32:08-04’00’ | ||
Name: | Xxxx Xxxxxx | |||
Title: | Chief Product Officer | |||
Date: | 4/14/2023 |
Exhibit A
Funds
Dated as of May 1, 2023
The currently available Funds of the Trust are:
LVIP Delaware Diversified Income Fund
LVIP Delaware High Yield Fund
LVIP Delaware Limited-Term Diversified Income Fund
LVIP Delaware U.S. REIT Fund
LVIP Delaware XXXX Cap Core Fund
LVIP Delaware U.S. Growth Fund
LVIP Delaware Value Fund
LVIP JPMorgan Core Bond Fund
LVIP JPMorgan Mid Cap Value Fund
LVIP XX Xxxxxx Small Cap Core Fund
LVIP JPMorgan U.S. Equity Fund
Exhibit B
Separate Accounts of the Life Company Registered Under the 1940 Act as Unit Investment Trusts
The following separate accounts are subject to this Agreement:
Delaware Life Variable Account F
Delaware Life Variable Account G
Delaware Life Variable Account I
Delaware Life NY Variable Account C
Delaware Life NY Variable Account D
Variable Annuity Contracts and Variable Life Insurance Contracts Registered Under the Securities Act of 1933
The following contracts are subject to this Agreement:
Corporate VUL | Futurity (NY) | |
Futurity | Futurity Accumulator II (NY) | |
Futurity II | Futurity Protector II (NY) | |
Futurity III | Futurity Survivorship II (NY) | |
Futurity Accolade | Masters Access (NY) | |
Futurity Accumulator | Masters Choice (NY) | |
Futurity Accumulator II | Masters Choice II (NY) | |
Futurity Corporate VUL | Masters Extra (NY) | |
Futurity Focus | Masters Extra II (NY) | |
Futurity Focus II | Masters Flex (NY) | |
Futurity Protector | Masters Flex II (NY) | |
Futurity Protector II | Masters I Share (NY) | |
Futurity Select 4 | ||
Futurity Survivorship II | ||
Large Case VUL | ||
Masters Access | ||
Masters Choice | ||
Masters Choice II | ||
Masters Extra | ||
Masters Extra II | ||
Masters Flex | ||
Masters Flex II | ||
Masters I Share |