Amendment No. 1 to Fund Participation and Service Agreement between Protective Life and Annuity Company American Funds Distributors, Inc. American Funds Service Company Capital Research and Management Company And American Funds Insurance Series
Amendment No. 1 to Fund Participation and Service Agreement
between
Protective Life and Annuity Company
American Funds Distributors, Inc.
American Funds Service Company
Capital Research and Management Company
And American Funds Insurance Series
Protective Life and Annuity Company (“Insurance Company”) for itself and on behalf of one or more separate accounts of the Insurance Company (“Separate Accounts”), American Funds Distributors, Inc.(“AFD”), American Funds Service Company (“Transfer Agent”), Capital Research and Management Company (“CRMC”) and American Funds Insurance Series (the “Series”), have previously entered into a Fund Participation and Service Agreement dated June 18, 2015 (as amended to date, the “Agreement”). The parties now desire to amend the Agreement by this amendment (the “Amendment”).
Except as modified hereby, all other terms and conditions of the Agreement shall remain in full force and effect. Unless otherwise indicated, the terms defined in the Agreement shall have the same meaning in this Amendment.
AMENDMENT
For good and valuable consideration, the receipt of which is acknowledged, the parties agree to amend the Agreement as follows:
- The preamble to the Agreement is hereby deleted and replaced with the following:
- The first three sentences of Section 1.a. are hereby deleted and replaced with the following:
- Exhibit A is deleted and replaced with the attached Exhibit A.
- Exhibit B is deleted in its entirety.
- Except as specifically set forth herein, all other provisions of the Agreement shall remain in full force and effect.
“Protective Life Insurance Company (“Insurance Company”), for itself and on behalf of one or more separate accounts of the Insurance Company (“Separate Accounts”), American Funds Distributors, Inc. (“AFD”), American Funds Service Company (“Transfer Agent”), Capital Research and Management Company (“CRMC), and the American Funds Insurance Series (the “Series”), an open-end investment company for which AFD, CRMC and Transfer Agent provide services and which is divided into funds (hereinafter collectively called the “Funds” and, individually, a “Fund”), for good and valuable consideration, hereby agree on this 18th day of June 2015, that shares of the Funds shall be made available to serve as underlying investment media for certain variable annuity contracts (hereinafter called “Contract(s)”; holders of such Contracts hereinafter called “Contractholder(s)”) to be offered by the Insurance Company subject to the following provisions:”
As distributor of the Series, AFD agrees to make Class 2, and Class 4 shares of the Funds that offer such share classes available to the Insurance Company for itself and on behalf of the Separate Accounts on the attached Exhibit A pursuant to the terms of the Agreement. The Insurance Company agrees to give the Series and CRMC at least thirty (30) days’ notice prior to adding any additional Funds as underlying investment options to the Contracts.
IN WITNESS WHEREOF, the undersigned has caused this amendment to be executed as of November 30, 2020.
PROTECTIVE LIFE AND ANNUITY COMPANY
for itself and on behalf of the Separate Accounts
By: /s/ Xxxxx Xxxxxx
Name: Xxxxx Xxxxxx
Title: Chief Product Officer – Retirement Division
2
AMERICAN FUNDS DISTRIBUTORS, INC.
By: /s/ Xxxxxxx X XxXxxx
Name: Xxxxxxx X XxXxxx
Title: Secretary
AMERICAN FUNDS INSURANCE SERIES
By: /s Xxxxx Xxxxxxxx
Name: Xxxxx Xxxxxxxx
Title: Secretary
AMERICAN FUNDS SERVICE COMPANY
By: /s/ Xxxxxx Xxxxxxxx
Name: Xxxxxx Xxxxxxxx
Title: Secretary
CAPITAL RESEARCH AND MANAGEMENT COMPANY
By: /s/ Xxxxxxx X Xxxxxxx
Name: Xxxxxxx X. Xxxxxxx
Title: Authorized Signer
3
EXHIBIT A
Insurance Company Accounts
Variable Annuity Account A of Protective Life
Protective NY COLI VUL Separate Account
Protective NY COLI PPVUL Separate Account
4
