AMENDMENT TO PARTICIPATION AGREEMENT
AMENDMENT TO
THIS AMENDMENT TO THE PARTICIPATION AGREEMENT (this “Amendment”) is made this 7th day of July, 2023, by and between THE VANGUARD GROUP, INC., VANGUARD VARIABLE INSURANCE FUNDS, VANGUARD MARKETING CORPORATION, and TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY (collectively, the “Parties”).
WITNESSETH:
WHEREAS, the Parties entered into that certain Participation Agreement dated as of March 28, 2006, as amended to date (the “Agreement”); and
WHEREAS, the Parties desire to amend the Agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties hereto, intending to be legally bound, hereby agree as follows:
1. The foregoing WHEREAS clauses are hereby incorporated by reference.
2. Definitions. Unless otherwise defined herein, capitalized terms in this Amendment shall have the meanings assigned to them in the Agreement.
3. Amendment. The Agreement is hereby amended as follows:
| a) | Schedule B of the Agreement is hereby deleted in its entirety and replaced with the attached Attachment A. All references in the Agreement to “Schedule B” shall mean “Attachment A”. |
| b) | Schedule A of the Agreement is hereby deleted in its entirety and replaced with the attached Schedule A. |
4. No Other Amendments. Except as specifically modified herein, the Agreement remains in full force and effect.
5. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. This Amendment shall become binding when any two or more counterparts thereof, individually or taken together, bear the signatures of both parties hereto. For the purposes hereof, a facsimile copy or a copy emailed in electronic format of this Amendment, including the signature pages hereto, shall be deemed an original.
[The remainder of this page is intentionally blank. Signatures to follow.]
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year first above written.
| THE VANGUARD GROUP, INC. |
| By: /s/ Xxxxxx Xxxxxxxx |
| Name: Xxxxxx Xxxxxxxx |
| Title: Principal |
| VANGUARD VARIABLE INSURANCE FUNDS |
| By: /s/ Xxxx Xxxxxx |
| Name: Xxxx Xxxxxx |
| Title: Assistant Secretary |
| VANGUARD MARKETING CORPORATION |
| By: /s/ Xxxxxxx Xxxxxx |
| Name: Xxxxxxx Xxxxxx |
| Title: Head of Intermediary Operations |
| TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY |
| By: /s/ Xxxx Xxxxx |
| Name: Xxxx Xxxxx |
| Title: Vice President |
SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
| Name of Separate Account |
Contracts Funded by Separate Account | |
| Separate Account VA BNY | Transamerica Advisor EliteSM II
Transamerica B-Share Variable Annuity
Transamerica AxiomSM III Variable Annuity
Transamerica PrincipiumSM IV Variable Annuity
Transamerica I-Share II Variable Annuity
Transamerica Variable Annuity I-Share | |
| TFLIC Separate Account B | Transamerica Advisory Annuity Advisor’s Transamerica Value Variable AnnuitySM | |
| TFLIC Separate Account VNY | Edge® NY Variable Annuity | |
