FIRST AMENDMENT TO PARTICIPATION AGREEMENT Among FRED ALGER & COMPANY, INCORPORATED, THE ALGER AMERICAN FUND And GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
FIRST AMENDMENT TO PARTICIPATION AGREEMENT
Among
XXXX XXXXX & COMPANY, INCORPORATED,
THE XXXXX AMERICAN FUND
And
GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
THIS AMENDMENT is made and entered into as of the 21st day of June, 2007 between Guardian Insurance & Annuity Company, Inc. (“Company”), and Xxxx Xxxxx & Company, Inc. (“Underwriter”), a Delaware corporation, and The Xxxxx American Fund, a Massachusetts business trust (the “Fund”).
WHEREAS, the parties entered into a Participation Agreement dated August 18, 2000;
WHEREAS, the parties desire to amend the Agreement to include variable annuity policy numbers and sub-account numbers;
NOW, THEREFORE, the parties agree as follows:
1. | Schedule A shall be replaced by the attached Schedule A. |
2. | This Amendment may be executed in counterparts, each of which shall be an original and both of which shall constitute one instrument. |
IN WITNESS HEREOF, the parties hereto have executed and delivered this Amendment effective as of the date first written above.
GUARDIAN INSURANCE & ANNUITY COMPANY, INC. | XXXX XXXXX & COMPANY, INCORPORATED | |||||||
By: | /s/ Xxxxx Xxxxxxx |
By: | /s/ Xxx Xxxxxx | |||||
Name: | Xxxxx Xxxxxxx | Name: | Xxx Xxxxxx | |||||
Title: | Vice President | Title: | Chief Operating Officer | |||||
Date: | 6/19/07 |
Date: | 6/21/07 | |||||
THE XXXXX AMERICAN FUND | ||||||||
By: | /s/ Xxx Xxxxxx | |||||||
Name: | Xxx Xxxxxx | |||||||
Title: | Secretary | |||||||
Date: | 6/21/07 |
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SCHEDULE A
THE XXXXX AMERICAN FUND:
Xxxxx American Balanced Portfolio
Xxxxx American Growth Portfolio
Xxxxx American Income & Growth Portfolio
Xxxxx American Leveraged AllCap Portfolio
Xxxxx American MidCap Growth Portfolio
Xxxxx American Small Capitalization Portfolio
THE ACCOUNTS:
Separate Accounts
Each Separate Account established by resolution of the Board of Directors of the Company under the insurance laws of the State of Delaware to set aside and invest assets attributable to the Contracts. Currently, those Separate Accounts are as follows:
Guardian Separate Account F, registration numbers 333-119629 811-9965
Guardian Separate Account Q, registration numbers 333-87468 811-21084
Guardian Separate Account F, registration numbers 333-109483 811-21438
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