Amendment to Fund Participation Agreement
Amendment to Fund Participation Agreement
This Amendment (the “Amendment”), 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 The Guardian Insurance & Annuity Company, Inc. (“Company”), a life insurance company organized under the laws of the State of Delaware, is effective as of April 29, 2024 (the “Effective Date”).
WHEREAS, the parties hereto entered into the Fund Participation Agreement (“FPA”), executed and effective as of April 30, 2021, as amended;
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. | Exhibit A be deleted in its entirety and replaced with Exhibit A attached hereto. |
2. | Exhibit B be deleted in its entirety and replaced with Exhibit B attached hereto. |
3. | All references in the Agreement to “Lincoln Investment Advisors Corporation” are hereby changed to “Lincoln Financial Investments Corporation.” |
4. | Unless otherwise defined in this Amendment, all terms used herein shall have the meanings they were ascribed in the Agreement. |
5. | All other terms and conditions of the Agreement remain in effect and are hereby incorporated herein by reference. |
6. | This Amendment may be executed in counterparts, each of which shall be deemed to be an original. |
[Signature Page to Follow]
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 | |||||||
By: | /s/ Xxxxxxxx Xxxxxx |
By: | /s/ Xxxxxxxx Xxxxxx | |||||
Name: | Xxxxxxxx Xxxxxx | Name: | Xxxxxxxx Xxxxxx | |||||
Title: | SVP, Head of Funds Management | Title: | SVP, Head of Funds Management | |||||
Date: | 4/11/2024 | Date: | 4/11/2024 | |||||
Lincoln Financial Distributors, Inc. | Guardian Insurance & Annuity Company, Inc. | |||||||
By: | /s/ Xxxxxx X’Xxxxx |
By: | /s/ Nahulan Ethirveerasingam | |||||
Name: | Xxxxxx X’Xxxxx | Name: | Xxxxxxx Xxxxxxxxxxxxxxxx | |||||
Title: | SVP | Title: | Head of Annuity Product | |||||
Date: | 4/15/2024 | Date: | 4/10/2024 |
Exhibit A
Funds
Dated as of April 26, 2024
The currently available Funds of the Trust are:
LVIP American Century Balanced Fund
LVIP American Century Capital Appreciation Fund
LVIP American Century Disciplined Core Value Fund
LVIP American Century Inflation Protection Fund
LVIP American Century International Fund
LVIP American Century Large Company Value Fund
LVIP American Century Mid Cap Value Fund
LVIP American Century Ultra Fund
LVIP American Century Value Fund
LVIP Delaware Diversified Income Fund
LVIP Delaware High Yield Fund
LVIP Delaware Limited-Term Diversified Income Fund
LVIP Delaware REIT Fund
LVIP Delaware XXXX Cap Core Fund
LVIP Delaware U.S. Growth Fund
LVIP Delaware Value Fund
Exhibit B
Dated as of April 26, 2024
Separate Accounts of the Company Registered Under the 1940 Act as Unit Investment Trusts
The following separate accounts are subject to this Agreement:
The Guardian Separate Account F
The Guardian Separate Account K
The Guardian Separate Account N
he Guardian Separate Account M
The Guardian Separate Account R