Exhibit 8.i)(1)
AMENDMENT TO PARTICIPATION AGREEMENT
This AMENDMENT TO PARTICIPATION AGREEMENT (the "Amendment") is made and
entered into as of this 1st day of May, 2003, by and among MONY LIFE INSURANCE
COMPANY (the "Company"), on its own behalf and on behalf of each separate
account of the Company identified in the Participation Agreement (as defined
below), THE UNIVERSAL INSTITUTIONAL FUNDS, INC. (the "Fund") and XXXXXX XXXXXXX
INVESTMENT MANAGEMENT INC. (formerly, XXXXXX XXXXXXX XXXX XXXXXX INVESTMENT
MANAGEMENT INC.) (the "Adviser").
WHEREAS, the Company, the Fund, the Adviser and XXXXXX XXXXXXX INVESTMENTS
LP (formerly, XXXXXX XXXXXXXX & XXXXXXXX, LLP) have entered into a Participation
Agreement dated as of December 1, 2000, as such agreement may be amended from
time to time (the "Participation Agreement"); and
WHEREAS, effective May 1, 2002, XXXXXX XXXXXXX INVESTMENTS LP assigned to
the Adviser all of the rights and obligations of XXXXXX XXXXXXX INVESTMENTS LP
under the Participation Agreement and the Adviser accepted assignment of such
rights and assumed corresponding obligations from XXXXXX XXXXXXX INVESTMENTS LP
on such terms.
NOW, THEREFORE, in consideration of their mutual promises, and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Company, the Fund and the Adviser agree to amend the
Participation Agreement as follows:
1. Schedule A of the Participation Agreement is deleted and replaced in its
entirety with the attached Schedule A.
2. Schedule B of the Participation Agreement is deleted and replaced in its
entirety with the attached Schedule B to identify share class.
3. Except as provided herein, the Participation Agreement shall remain in
full force and effect. This Amendment and the Participation Agreement, as
amended, constitute the entire agreement between the parties hereto pertaining
to the subject matter hereof and fully supersede any and all prior agreements or
understandings between the parties hereto pertaining to the subject matter
hereof. In the event of any conflict between the terms of this Amendment and the
Participation Agreement, the terms of this Amendment shall control.
4. This Amendment may be amended only by written instrument executed by
each party hereto.
5. This Amendment shall be effective as of the date written above.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to
be executed in its name and on its behalf by its duly authorized representative
and its seal hereunder affixed hereto as of the date specified above.
MONY LIFE INSURANCE COMPANY
By: _______________________________
Name:
Title:
THE UNIVERSAL INSTITUTIONAL FUNDS, INC.
By: _______________________________
Name: Xxxxxxxx Xxxxx Yu
Title: Vice President
XXXXXX XXXXXXX INVESTMENT MANAGEMENT INC.
By: _______________________________
Name: Xxxxxxxx Xxxxx Yu
Title: Executive Director
2
SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
------------------------------------------
Name of Separate Account and Date Form Number and Name of
Established by Board of Directors Contract Funded by Separate Account
--------------------------------- -----------------------------------
MONY Variable Account L Flexible Premium Variable Life Insurance Policy
(Established on November 28, 1990) (Form # C1-96)
Flexible Premium Variable Universal Life Insurance Policy
(MONY Variable Universal Life)
Last Survivor Flexible Premium Variable Universal
Life Insurance Policy (MONY Survivorship
Variable Universal Life)
MONY Custom Equity Master (VUL)
MONY Custom Estate Master (SVUL)
Flexible Premium Variable Universal Life
Insurance Policy (MONY Variable Universal Life
C3-03/C4-04)
MONY Variable Account A Flexible Payment Variable Annuity
(Established on November 28, 1990) (MONY Variable Annuity)
MONY Custom Master Variable Annuity
Flexible Payment Variable Annuity
(MONY C Variable Annuity)
Flexible Payment Variable Annuity
(MONY L Variable Annuity)
A-1
SCHEDULE B
PORTFOLIOS OF THE UNIVERSAL INSTITUTIONAL
-----------------------------------------
FUNDS, INC. AVAILABLE UNDER THIS AGREEMENT
------------------------------------------
Equity Growth Portfolio -- Class I Shares
Core Plus Fixed Income Portfolio -- Class I Shares
Value Portfolio -- Class I Shares
U.S. Real Estate Portfolio -- Class I Shares
Global Value Equity Portfolio -- Class I Shares
Emerging Markets Equity Portfolio -- Class I Shares
Emerging Markets Debt Portfolio -- Class I Shares
B-1
