FIRST AMENDMENT TO PARTICIPATION AGREEMENT
FIRST AMENDMENT TO PARTICIPATION AGREEMENT
THIS FIRST AMENDMENT TO PARTICIPATION AGREEMENT is made as of this 11th day of April, 2007, by and among GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY (“GWL&A”); DWS VARIABLE SERIES I (formerly XXXXXXX VARIABLE SERIES I), DWS VARIABLE SERIES II (formerly XXXXXXX VARIABLE SERIES II), DWS INVESTMENTS VIT FUNDS (formerly XXXXXXX INVESTMENTS VIT FUNDS) (collectively, the “Funds”); DEUTSCHE INVESTMENT MANAGEMENT AMERICAS INC. (the “Adviser”); and DWS XXXXXXX DISTRIBUTORS, INC. (formerly XXXXXXX DISTRIBUTORS, INC. (the “Distributor), collectively the Parties, and FIRST GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY (“First GWL&A”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Original Agreement (defined below).
RECITALS
WHEREAS, GWL&A, the Funds, the Adviser and the Distributor are parties to a Fund Participation Agreement dated March 31, 2005 (the “Agreement”) Deutsche Asset Management, Inc. ("DAMI") had been a party to the Agreement until the close of business December 31, 2006, when it was merged into the Adviser, which assumed all rights and obligations of DAMI under the Agreement); and
WHEREAS, the Parties to the Agreement desire to add First GWL&A, a New York life insurance company, on its own behalf and on behalf of its Separate Account COLI VUL 2 Series Account (the “First GWL&A Account”) as a Party to the Agreement.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the Parties hereby amend the Agreement as follows:
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First GWL&A is hereby added as a Party to the Agreement. The Parties to the Agreement, including First GWL&A, agree that each representation, warranty, covenant, condition and other provision of the Agreement that is applicable to GWL&A shall also be applicable to First GWL&A, with the following changes: (i) the First GWL&A Account” was established by the Board of Directors of First GWL&A, under the insurance laws of the State of New York; (ii) references in Section 2.1 to Colorado shall be changed to New York for the purposes of the First GWL&A Account; (iii) references in Section 2.4 to Colorado laws shall be to the |
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laws of the State of New York for the purposes of the First GWL&A Account; (iv) references in Section 12.5 to the Colorado Insurance Commissioner and Colorado insurance regulations shall be the New York Insurance Commissioner and New York insurance regulations for the purposes of the First GWL&A Account. The rights and obligations of GWL&A and First GWL&A under the Agreement as amended hereby shall be several and not joint.
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Schedule A to the Agreement is replaced with Schedule A attached hereto. |
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the 11th day of April, 2007.
GREAT-WEST LIFE AND ANNUITY INSURANCE COMPANY
By its authorized officer,
By: /s/ Xxx Laeyendecker_____________
Name: Xxx Xxxxxxxxxxxx
Title: Vice President, Life Insurance Markets
Date: 4/11/07
FIRST GREAT-WEST LIFE AND ANNUITY INSURANCE COMPANY
By its authorized officer,
By: /s/ Xxx Laeyendecker_____________
Name: Xxx Xxxxxxxxxxxx
Title: Vice President, Corporate-Owned Life Insurance Markets
Date: 4/11/07
DWS VARIABLE SERIES I
By its authorized officer,
By: /s/ Xxxxxxx X. Clark_______________
Name: Xxxxxxx X. Xxxxx
Title: President
Date: April 11, 2007
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DWS VARIABLE SERIES II
By its authorized officer,
By: /s/ Xxxxxxx X. Clark_______________
Name: Xxxxxxx X. Xxxxx
Title: President
Date: April 11, 2007
DWS INVESTMENTS VIT FUNDS
By its authorized officer,
By: /s/ Xxxxxxx X. Clark_______________
Name: Xxxxxxx X. Xxxxx
Title: President
Date: April 11, 2007
DEUTSCHE INVESTMENT MANAGEMENT AMERICAS INC.
By its authorized officer,
By: /s/ Philipp Hensler________________
Name: Xxxxxxx Xxxxxxx
Title: CEO & President
Date: April 11, 2007
DWS XXXXXXX DISTRIBUTORS, INC.
By its authorized officer,
By: /s/ Xxxxxx X. Collora_________________
Name: Xxxxxx X. Xxxxxxx
Title: Assistant Secretary
Date: April 11, 2007
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SCHEDULE A
Designated Portfolios, Class A shares only,
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A. |
DWS Variable Series I |
DWS Capital Growth VIP
DWS Global Opportunities VIP
DWS Growth & Income VIP
DWS Health Care VIP
DWS International VIP
DWS Bond VIP
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B. |
DWS Variable Series II |
DWS Blue Chip VIP
DWS Core Fixed Income VIP
DWS Global Thematic VIP
DWS Government & Agency Securities VIP
DWS High Income VIP
DWS International Select Equity VIP
DWS Large Cap Value VIP
DWS Mid Cap Growth VIP
DWS Money Market VIP
DWS Small Cap Growth VIP
DWS Strategic Income VIP
DWS Technology VIP
DWS Balanced VIP
DWS Dreman High Return Equity VIP
DWS Dreman Small Mid Cap Value VIP
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C. |
DWS Variable Series III |
DWS Equity 500 Index VIP
DWS VIT Small Cap Index VIP
DWS RREEF Real Estate Securities VIP
PJC AGREEMENTS/PARTICIPATION AGREEMENT/ FIRST GREAT WEST AMENDMENT TO FPA
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