Contract
Exhibit 26(h)(2)
Amendment to Participation Agreement
Empire Fidelity Investments Life Insurance Company, Credit Suisse Trust (formerly Warburg, Xxxxxx Trust), Credit Suisse Asset Management, LLC (successor to Warburg, Xxxxxx Counsellors, Inc.) and Credit Suisse Asset Management Securities, Inc. (formerly Counsellors Securities Inc.) hereby amend their Participation Agreement, dated as of September 1, 1997, as amended and/or restated to date by doing all of the following (Capitalized terms not defined herein shall have the same meanings as set forth in the Participation Agreement):
I. Revising the fifth recital to read as follows:
WHEREAS, the Company has registered or will register certain variable annuity and variable life insurance contracts (the "Contracts") under the 1933 Act; and
II. Revising section 2.2 to read as follows:
2.2. The Company represents that the Contracts are currently and at the time of issuance treated as annuity contracts or life insurance policies under applicable provisions of the Internal Revenue Code, and that it will make every effort to maintain such treatment and will notify the Fund and the Adviser immediately upon having a reasonable belief that the Contracts have ceased to be so treated or that they might not be so treated in the future.
III. Replacing Schedule 1 in its entirety with the revised Schedule 1 attached hereto.
IV. Replacing Schedule 2 in its entirety with the revised Schedule 2 attached hereto.
IN WITNESS WHEREOF, each party has caused this Amendment to be executed in its name and on its behalf by its duly authorized representative as of October __, 2003.
|
Empire Fidelity Investments Life Insurance Company |
Credit Suisse Trust |
|
By: ________________________ |
By: ________________________ |
|
Name: ________________________ |
Name: ________________________ |
|
Title: ________________________ |
Title: ________________________ |
|
Credit Suisse Asset Management, LLC |
Credit Suisse Asset Management Securities, Inc. |
|
By: ________________________ |
By: ________________________ |
|
Name: ________________________ |
Name: ________________________ |
|
Title: ________________________ |
Title: ________________________ |
Schedule 1
By and Among
EMPIRE FIDELITY INVESTMENTS LIFE INSURANCE COMPANY
and
CREDIT SUISSE TRUST
and
CREDIT SUISSE ASSET MANAGEMENT, LLC
and
CREDIT SUISSE ASSET MANAGEMENT SECURITIES, INC.
The following separate accounts of Empire Fidelity Investments Life Insurance Company are permitted in accordance with the provisions of this Agreement to invest in Designated Portfolios of the Fund shown in Schedule 2.
Empire Fidelity Investments Variable Annuity Account I, established July 22, 1987
Empire Fidelity Investments Variable Life Account I, established July 22, 1987
