THIRD AMENDMENT TO PARTICIPATION AGREEMENT
THIRD AMENDMENT TO PARTICIPATION AGREEMENT
THIS THIRD AMENDMENT TO PARTICIPATION AGREEMENT (the “Amendment”) is made as of the 30th day of November, 2020, by and among PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY, a life insurance company organized under the laws of the State of Tennessee (the ”Company”), acting herein for and on behalf of the Company and on behalf of each separate account set forth on attached Schedule A, as the same may be amended from time to time (the “Separate Accounts”); XXXX XXXXX PARTNERS VARIABLE EQUITY TRUST and XXXX XXXXX PARTNERS VARIABLE INCOME TRUST (each a “Fund”, collectively the “Funds”); XXXX XXXXX PARTNERS FUND ADVISOR, LLC (the “Advisor”); and XXXX XXXXX INVESTOR SERVICES, LLC (the “Distributor”), collectively (the “Parties”).
RECITALS
WHEREAS, the Parties entered into a Participation Agreement dated November 1, 2009, as amended (the “Agreement”);
WHEREAS, the Parties desire to amend the Agreement to update the separate accounts and funds listed in Schedule A and restate Schedule B; and
WHEREAS, the Parties now desire to further modify the Agreement as provided herein.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and conditions set forth herein, and for other good and valuable consideration, the parties agree to amend the Agreement as follows:
1.
Schedules A and B. Schedules A and B to the Agreement are hereby deleted in their entirety and replaced with Schedules A and B attached hereto.
- Ratification and Confirmation of Agreement. In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment shall control and the Agreement shall be interpreted on that basis. To the extent the provisions of the Agreement have not been amended by this Amendment, the Parties hereby confirm and ratify the Agreement.
- Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one instrument.
- Full Force and Effect. Except as expressly supplemented, amended or consented to hereby, all of the representations, warranties, terms, covenants and conditions of the Agreement shall remain unamended and shall continue to be in full force and effect.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 1 as of the date first above written.
PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY
On its behalf and each Separate Account named in
Schedule A
By: /s/ Xxxxx Xxxxxx
Name: Xxxxx Xxxxxx
Title: Chief Product Officer – Retirement Division
XXXX XXXXX PARTNERS VARIABLE EQUITY TRUST
By: /s/ Xxxx Trust
Name: Xxxx Trust
Title: President & CEO
XXXX XXXXX PARTNERS VARIABLE INCOME TRUST
By: /s/ Xxxx Trust
Name: Xxxx Trust
Title: President & CEO
XXXX XXXXX PARTNERS FUND ADVISOR, LLC
By: /s/ Xxxx Trust
Name: Xxxx Trust
Title: President & CEO
XXXX XXXXX INVESTOR SERVICES, LLC,
By: /s/ Xxxxxx X’Xxxx
Name: Xxxxxx X’Xxxx
Title: 12/2/2020
3
Schedule A
Separate Accounts and Associated Products
|
Separate Account
|
Product
|
|
Schwab Genesis Variable Annuity NY
Schwab Genesis Advisory Variable Annuity NY
|
|
|
Protective NY COLI VUL Separate Account
|
Protective Executive Benefits Registered VUL NY
|
|
Protective NY COLI PPVUL Separate Account
|
Protective Executive Benefits Private Placement VUL NY
|
|
Variable Annuity Account A of Protective Life
|
ProtectiveRewards Elite NY
ProtectiveAccess XL NY
ProtectiveRewards II NY
Protective Variable Annuity NY, Series B, C and L
Protective Variable Annuity II B Series NY
Protective Investors Benefit Advisory NY Variable Annuity
|
4
SCHEDULE B
PORTFOLIOS AVAILABLE UNDER THE CONTRACTS
All Funds shall pay 12b-1 fees in the amount as stated in each Fund’s then current prospectus.
|
Fund Trust Name
|
Portfolio Fund Name
|
Class
|
CUSIP
|
|
ClearBridge Variable Mid Cap Portfolio
|
I
|
00000X000
|
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
ClearBridge Variable Mid Cap Portfolio
|
II
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
ClearBridge Variable Small Cap Growth Portfolio
|
I
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
ClearBridge Variable Small Cap Growth Portfolio
|
II
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
QS Xxxx Xxxxx Dynamic Multi-Strategy VIT Portfolio
|
I
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
QS Xxxx Xxxxx Dynamic Multi-Strategy VIT Portfolio
|
II
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Income Trust
|
Western Asset Core Plus VIT Portfolio
|
I
|
00000X000
|
5
