Amendment No. 1 to Participation Agreement (PIMCO)
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
Among
ML LIFE INSURANCE COMPANY OF NEW YORK,
PIMCO VARIABLE INSURANCE TRUST,
and
PIMCO FUNDS DISTRIBUTORS LLC
This Amendment No. 1 to the Participation Agreement dated April 3, 2000 (the “Agreement”)
between ML Life Insurance Company of New York (the “Company”), PIMCO Variable Insurance Trust (the
“Fund”), and PIMCO Funds Distributors LLC (the “Underwriter”) is effective as of April 3, 2000.
Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the
Agreement.
WHEREAS, the Company, the Fund, and the Underwriter have entered into the Agreement to provide
for the purchase by the Company, on behalf of one or more of its segregated asset accounts
(“Accounts”), of shares of beneficial interest of the several series (“Portfolios”) of the Fund;
WHEREAS, the Fund, effective April 1, 2000, began offering shares of its Portfolios in two
classes, designated “Institutional Class” shares and “Administrative Class” shares;
WHEREAS, the shares of the Portfolios offered prior to April 1, 2000 have been designated as
Administrative Class shares;
NOW, THEREFORE, in consideration of their mutual promises, the Company, the Fund and the
Underwriter agree that the final WHEREAS clause in the Agreement be amended to read as follows:
“WHEREAS, to the extent permitted by applicable insurance laws and regulations, the Company intends
to purchase Administrative Class shares in the Portfolios listed in Schedule A hereto, as it may be
amended from time to time by mutual written agreement (the “Designated Portfolios”) on behalf of
the Account to fund the aforesaid Contracts, and the Underwriter is authorized to sell such shares
to the Account at net asset value;”
This Amendment No. 1 may be executed simultaneously in two or more counterparts, each of which
taken together shall constitute one and the same instrument.
ML LIFE INSURANCE COMPANY OF NEW YORK
| By its authorized officer | ||||||
| By: | /s/ Xxxxx X. Xxxxxxxx | |||||
| Title: | Senior Vice President | |||||
| Date: | 9/25/00 | |||||
PIMCO VARIABLE INSURANCE TRUST
| By its authorized officer | ||||||
| By: | /s/ Xxxxx X. Xxxxxx | |||||
| Title: | Chairman | |||||
| Date: | 12-29-00 | |||||
PIMCO FUNDS DISTRIBUTORS LLC
| By its authorized officer | ||||||
| By: | /s/ Xxxxxx X. Xxxxxx, Xx. | |||||
| Title: | Exec VP | |||||
| Date: | 12-13-00 | |||||
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