Amendment No. 1 to Participation Agreement (American Century)
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
THIS AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
(“Amendment”) is made as of this 14th day of April, 2004, by and
between ML LIFE INSURANCE COMPANY OF NEW YORK (the “Company”) and AMERICAN
CENTURY INVESTMENT SERVICES, INC. (the “Distributor”). Capitalized terms not
otherwise defined herein shall have the meaning ascribed to them in the
Agreement (defined below).
RECITALS
WHEREAS, the Company and Distributor are parties to a certain
Participation Agreement dated May 1, 2001 (the “Agreement”), in which the
Company offers to the public certain variable annuity contracts (the
“Contracts”);
WHEREAS, the Company now desires to expand the number of American Century
Funds made available as investment options under the Agreement by adding Class
I of the VP Ultra Fund;
WHEREAS, the parties now desire to further modify the Agreement as
provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein,
the parties hereto agree as follows:
1. Addition of Funds and Contracts. Exhibits A and B, which set
forth the Separate Accounts and Contracts covered by the Funds available
under the Agreement are hereby deleted in their entirety and are replaced
with the Exhibits A and B attached hereto.
2. 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.
3. 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.
4. 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.
IN WITNESS WHEREOF, the undersigned have executed this Amendment No.
1 as of the date first above written.
ML LIFE INSURANCE
|
AMERICAN CENTURY | |
COMPANY OF NEW YORK
|
INVESTMENT SERVICES, INC. | |
By: /s/ Xxxxxx X. Xxxxxx, Xx.
|
By: /s/ Xxxxxxx X. Xxxxx | |
Name: Xxxxxx X. Xxxxxx, Xx.
|
Name: XXXXXXX X. XXXXX | |
Title: Vice President & Senior Counsel
|
Title: PRESIDENT |
As of May 1, 2004
Exhibit A
Separate Accounts and Contracts
| • | Name of Separate Account and Date Established by the Board of Directors: |
| ML of New York Variable Annuity Separate Account A — 08/14/1991 |
| • | Form Number and Names of Contracts Funded by Separate Account: |
| Flexible Premium Variable Annuity Contracts Xxxxxxx Xxxxx Retirement Plus Forms XXXX-XX-000XX0 |
Xxxxxxx Xxxxx Retirement Power
Form MLNY-VA-003
Form MLNY-VA-003
Xxxxxxx Xxxxx Retirement Optimizer
Form MLNY-VA-004
Form MLNY-VA-004
As of May 1, 2004
Exhibit B
Funds of American Century Variable Portfolios, Inc.
Offered to the Separate Accounts Listed in Exhibit A
Offered to the Separate Accounts Listed in Exhibit A
| • | Class I of VP International Fund | |
| • | Class I of VP Ultra Fund |
