EXHIBIT (8)(n)(1) AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT (PUTNAM)
EXHIBIT (8)(n)(1)
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT (XXXXXX)
[Retail]
AMENDMENT NO. 1 TO
THIS AMENDMENT NO. 1 (the “Agreement”) effective October 25, 2013 by and among Transamerica Advisors Life Insurance Company of New York (the “Company”), on its own behalf and on behalf of each separate account of the Company set forth on Schedule A hereto, as such Schedule may be revised from time to time (the “Account”), the Xxxxxx Funds (each a “Fund”) and Xxxxxx Retail Management Limited Partnership (the “Underwriter”).
WHEREAS, the parties desire to further amend the Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
| 1. | The existing 5th Whereas clause of the Agreement is hereby deleted in its entirety and replaced with the following: |
WHEREAS, the Account is duly established and maintained as a segregated asset account, duly established by the Company, on the date shown for such Account on Schedule A hereto, to set aside and invest assets attributable to variable annuity contracts set forth in Schedule A hereto, as it may be revised or supplemented from time to time with notice to all parties (the “Contracts”);
| 2. | The existing 10th Whereas clause of the Agreement is hereby deleted in its entirety and replaced with the following: |
WHEREAS, to the extent permitted by applicable insurance laws and regulations, the Company intends to purchase shares in the Portfolios (and classes thereof) listed in Schedule A hereto, as it may be revised or supplemented from time to time with notice to all parties (the “Designated Portfolios”) on behalf of the Account to fund the aforesaid Contracts, and the Underwriter is authorized to sell such shares in the Designated Portfolios, and classes thereof, to the Account at net asset value.
| 3. | The parties agree to combine existing Schedule A and Schedule B into a single schedule hereby referenced as Schedule A, as supplemented from time to time by a party, with notice to all other parties. Schedule A and Schedule B of the Agreement are hereby deleted in their entirety and replaced with the attached Schedule A. All references to Schedule B in the Agreement are hereafter a reference to Schedule A. |
| 4. | A new paragraph, numbered consecutively, is added to ARTICLE II. Representations and Warranties, as follows: |
2.8. Fund, Underwriter and Fund Manager each agree to promptly notify the Company when any underlying fund becomes a commodity pool operator (“CPO”) as defined under the Commodities Exchange Act (“CEA”), and Fund Manager is required to register with the Commodity Futures Trading Commission (“CFTC”) as a CPO with respect to any underlying fund. Until such notification is provided to the Company, Fund and Underwriter each represent and warrant that it is not a CPO, and Fund Manager represents and warrants it is not required to register as a CPO with respect to any underlying fund. Fund, Underwriter and Fund Manager each represent and warrant that it will at all times comply with the CEA and CFTC rules and regulations to the extent required.
2
[Retail]
All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. Unless otherwise specified, all defined terms shall have the same meaning given to them in the Agreement.
Effective Date: October 25, 2013
TRANSAMERICA LIFE INSURANCE COMPANY OF NEW YORK
| By: | /s/ Xxxx Xxxxxxx | |
| Name: | Xxxx Xxxxxxx | |
| Title: | Vice President | |
| Date: | 10/29/13 |
XXXXXX VARIABLE TRUST
| By: | Illegible | |
| Name: | Illegible | |
| Title: | Treasurer | |
| Date: | 10/25/13 |
XXXXXX RETAIL MANAGEMENT LIMITED PARTNERSHIP
| By: | /s/ Xxxx Xxxxx | |
| Name: | Xxxx Xxxxx | |
| Title: | Sr. Strategic Relationship Man. | |
| Date: | 10/25/13 |
3
[Retail]
SCHEDULE A
Revised May 1, 2013
SEPARATE ACCOUNTS:
ML of New York Variable Annuity Separate Account D
CONTRACTS:
Xxxxxxx Xxxxx XXX Annuity®
DESIGNATED PORTFOLIOS:
The Xxxxxx Fund for Growth and Income – Class A Shares
Xxxxxx International Equity Fund – Class A Shares
Xxxxxx Voyager Fund – Class A Shares
4
