EXHIBIT (8)(e)
[LOGO] American General
Life Companies
December ___, 2010
Lincoln Variable Insurance Products Trust
0000 Xxxxx Xxxxxxx Xxxxxx
Xxxx Xxxxx, XX 00000
Re: (1) Fund Participation Agreement dated June 12, 2009 between
American International Life Assurance Company of New York ("AI
Life"), Lincoln Variable Insurance Products Trust ("Lincoln
Trust"), Lincoln Investment Advisors Corporation and Lincoln
Financial Distributors, Inc. ("Participation Agreement")
(2) Rule 22c-2 Agreement dated June 12, 2009 between Lincoln
Trust, AIG Life Insurance Company ("AIG Life") and AI Life
("Rule 22c-2 Agreement") ("Participation Agreement" and "Rule
22c-2 Agreement" are collectively referred to hereinafter as
the "Agreements")
Dear Fund Partner:
As you may already be aware, AI Life will be merging with and into The
United States Life Insurance Company in the City of New York ("USL"), the
surviving company, effective December 31, 2010 (hereinafter referred to as the
"Merger").
Your fund trust company may have agreements with AI Life pursuant to
which the trust acted as an investment vehicle for separate accounts established
by AI Life for variable life insurance policies and variable annuity contracts
(the "Contracts").
As a result of the Merger, if AI Life was a party to the Agreements,
then all rights, duties and obligations arising under the Agreements would be
effectively assigned to USL which company will assume the rights, duties and
obligations of AI Life thereunder.
Pursuant to Section 8.2(l) of the Participation Agreement, AI Life
hereby requests your consent to the assignment of its rights, duties and
obligations under such agreement to USL. AI Life also requests your consent to
the assignment of the rights, duties and obligations of AI Life under the Rule
22c-2 Agreement to USL. Please indicate your consent to these assignments by
signing below. The consent to the assignments will be effective December 31,
2010.
AIG Life is a party to the Rule 22c-2 Agreement, however, its rights,
duties and obligations under such agreement are unaffected by the Merger.
Effective December 8, 2009, AIG Life changed its name to American General Life
Insurance Company of Delaware.
To the extent that provisions of the Agreements and this Amendment are
in conflict, the terms of this Amendment shall control. Except to the extent
amended by this Amendment, the Agreements shall remain unchanged and in full
force and effect, and are hereby ratified and confirmed in all respects as
amended hereby.
If you have any questions regarding this matter, please contact
________________ at _____________ or __________________ at ___________________.
AMERICAN INTERNATIONAL LIFE
ASSURANCE COMPANY OF NEW YORK
ATTEST:
By: By:
----------------------------- ----------------------------
THE UNITED STATES LIFE INSURANCE
COMPANY IN THE CITY OF NEW YORK
ATTEST:
By: By:
----------------------------- ----------------------------
AMERICAN GENERAL LIFE INSURANCE
COMPANY OF DELAWARE (formerly AIG Life Insurance Company)
ATTEST:
By: By:
----------------------------- ----------------------------
Consented to, Acknowledged and Agreed:
LINCOLN VARIABLE INSURANCE PRODUCTS TRUST
By:
-----------------------------
Name:
Title:
LINCOLN INVESTMENT ADVISORS CORPORATION
By:
-----------------------------
Name:
Title:
LINCOLN FINANCIAL DISTRIBUTORS, INC.
By:
-----------------------------
Name:
Title:
AMERICAN GENERAL LIFE COMPANIES, LLC
0000 Xxxxx Xxxxxxx, X00-00 . Houston, TX 77019
