EXHIBIT (H)(15)(C)
THIRD AMENDMENT
TO
PARTICIPATION AGREEMENT
AMONG
THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK,
AMERICAN GENERAL EQUITY SERVICES CORPORATION,
VALIC COMPANY I AND
THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
THIS THIRD AMENDMENT TO PARTICIPATION AGREEMENT ("Amendment") effective as of
December 31, 2010, amends the Participation Agreement dated as of July 1, 0000
(xxx "Xxxxxxxxx"), xxxxx XXX XXXXXX XXXXXX LIFE INSURANCE COMPANY IN THE CITY OF
NEW YORK (the "Company"), on its own behalf and on behalf of each separate
account of the Company set forth on Schedule B of the Agreement (the "Account"),
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AMERICAN GENERAL EQUITY SERVICES CORPORATION ("AGESC"), VALIC COMPANY I (the
"Fund"), and THE VARIABLE ANNUITY LIFE INSURANCE COMPANY (the "Adviser"),
collectively, the "Parties". All capitalized terms not otherwise defined in this
Amendment, shall have the same meanings as ascribed in the Agreement.
WHEREAS, subject to regulatory approval, American International Life
Assurance Company of New York ("AI Life") is expected to merge with and into the
Company on or about December 31, 2010 (the "Merger") with the Company being the
survivor;
WHEREAS, AI Life entered into a certain Participation Agreement among
AI Life, the Fund and the Adviser dated May 1, 2003, as amended;
WHEREAS, subject to the consummation of the Merger between AI Life and
the Company, the Company is expected to assume all obligations and
responsibilities of AI Life's variable life insurance and annuity products
("Variable Insurance Products") and has established Separate Account USL B (the
"Account");
WHEREAS, the Fund will act as an investment vehicle for the Account and
will make certain Portfolios available to the Variable Insurance Products; and
WHEREAS, the Parties now desire to amend the Agreement to reflect the
(i) the Account for which the Fund will act as an investment vehicle and (ii)
the Variable Insurance Products for which the Fund will act as an investment
vehicle.
NOW, THEREFORE, in consideration of their mutual promises, the Parties
agree as follows:
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1. Schedule A to the Agreement, a revised copy of which is attached
hereto, is hereby amended to add the International Equities Fund, Mid
Cap Index Fund and Small Cap Index Fund to the Account effective
December 31, 2010.
2. Schedule B to the Agreement, a revised copy of which is attached
hereto, is hereby amended to add the Executive Advantage Group Flexible
Premium Variable Universal Life Insurance Policies effective December
31, 2010.
3. Except as amended hereby, the Agreement is hereby ratified and
confirmed in all respects.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed in its name and on its behalf by its duly authorized representative
hereto as of the date specified above.
THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK,
on behalf of itself and each of its Accounts named
in Schedule B hereto, as amended from time to time.
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ATTEST:
By: By:
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Name: Name:
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Title: Title:
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(Corporate Seal)
AMERICAN GENERAL EQUITY SERVICES CORPORATION
ATTEST:
By: By:
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Name: Name:
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Title: Title:
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(Corporate Seal)
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VALIC COMPANY I
ATTEST:
By: By:
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Name: Name:
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Title: Title:
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THE VARIABLE ANNUITY LIFE INSURANCE COMPANY
ATTEST:
By: By:
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Name: Name:
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Title: Title:
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SCHEDULE A*
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(EFFECTIVE AS OF DECEMBER 31, 2010)
PORTFOLIOS OF VALIC COMPANY I
AVAILABLE FOR PURHASE BY
THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK
UNDER THIS AGREEMENT
Fund Name Separate Account
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International Equities Fund The United States Life Insurance Company
Mid Cap Index Fund In the City of New York
Money Market I Fund Separate Account USL VA-R
Nasdaq-100 Index Fund Established: August 8, 1997
Science & Technology Fund
Small Cap Index Fund
Stock Index Fund
International Equities Fund The United States Life Insurance Company
Mid Cap Index Fund In the City of New York
Money Market I Fund Separate Account USL VL-R
Nasdaq-100 Index Fund Established: August 8, 1997
Science & Technology Fund
Small Cap Index Fund
Stock Index Fund
International Equities Fund The United States Life Insurance Company
Mid Cap Index Fund In the City of New York
Small Cap Index Fund Separate Account USL B
Established: June 5, 1986
*The parties hereto agree that this Schedule A may be revised and replaced as
necessary to accurately reflect the Portfolios of the Fund covered under this
Agreement.
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SCHEDULE B**
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(EFFECTIVE AS OF DECEMBER 31, 2010)
SEPARATE ACCOUNTS AND CONTRACTS
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NAME OF SEPARATE ACCOUNT AND DATE FORM NUMBERS AND NAMES OF CONTRACTS
ESTABLISHED BY BOARD OF DIRECTORS FUNDED BY SEPARATE ACCOUNT
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Form Nos.: Name of Contract:
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The United States Life Insurance Select Reserve(SM)Flexible Payment
Company in the City of New York Variable and Fixed Individual Deferred
Separate Account USL VA-R 98505N Annuity
Established: August 8, 1997
Platinum Investor(SM) Immediate Single
03017N Premium Variable Annuity
The United States Life Insurance Platinum Investor Flexible Premium Variable
Company in the City of New York Life Insurance Policies
Separate Account USL VL-R 97600N
Established: August 8, 1997
Platinum Investor Survivor Last Survivor
Flexible Premium Variable Life Insurance
99206N Policies
Platinum Investor PLUS Flexible Premium
02600N Variable Life Insurance Policies
05604N Platinum Investor VIP Flexible
and Premium Variable Universal Life Insurance
05604NU Policies
07921N Protection Advantage Select Flexible
and Premium Variable Universal Life Insurance
07921NU Policies
08704N Income Advantage Select Flexible
and Premium Variable Universal Life
08704NU Insurance Policies
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NAME OF SEPARATE ACCOUNT AND DATE FORM NUMBERS AND NAMES OF CONTRACTS
ESTABLISHED BY BOARD OF DIRECTORS FUNDED BY SEPARATE ACCOUNT
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Form Nos.: Name of Contract:
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The United States Life Insurance 21GVUL Executive Advantage Group
Company in the City of New York D997 Flexible Premium Variable
Separate Account USL B Universal Life Insurance Policies
Established: June 5, 1986
** The parties hereto agree that this Schedule B may be revised and replaced as
necessary to accurately reflect the Separate Accounts and Contracts covered
under this Agreement.
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