AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT BETWEEN LORD ABBETT FAMILY OF FUNDS., LORD ABBETT DISTRIBUTOR LLC AND
EXHIBIT (8)(r)(1)
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT (LORD XXXXXX)
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
BETWEEN LORD XXXXXX FAMILY OF FUNDS.,
LORD XXXXXX DISTRIBUTOR LLC AND
ML LIFE INSURANCE COMPANY OF NEW YORK
THIS AMENDMENT, dated as of the 3rd day of March, 2005, by and among Lord Xxxxxx Family of Funds (the “Fund”), Lord Xxxxxx Distributor LLC., a New York limited liability corporation, (the “Underwriter”) and ML Life Insurance Company of New York, a New York life insurance company (the “Company”),
WITNESSETH
WHEREAS, the Fund, the Underwriter and the Company heretofore entered into a Participation Agreement dated October 11, 2002, (the “Agreement”), with regard to separate accounts established for variable life insurance and/or variable annuity contracts offered by the Company, and
WHEREAS, the Fund, the Underwriter and the Company desire to amend Schedules A and B to the Agreement in accordance with the terms of the Agreement
NOW, THEREFORE, in consideration of the above premises, the Fund, the Underwriter and the Company hereby agree:
| 1. | Amendment. Schedule(s) A and B to this Agreement are amended in their entirety and are replaced by the Schedule(s) A and B attached hereto. |
| 2. | Effectiveness The revised Schedule(s) A and B of the Agreement shall be effective as of the date hereof |
| 3. | Continuation Except as set forth above, the Agreement shall remain in full force and effect in accordance with its terms |
| 4. | Counterparts This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original |
(Signatures located on following page)
IN WITNESS WHEREOF, the Fund, the Underwriter and the Company have caused the Amendment to be executed by their duly authorized officers effective as of the day and year first above written.
| LORD XXXXXX FAMILY OF FUNDS | ML LIFE INSURANCE COMPANY OF NEW YORK | |||||||
| By | /s/ Xxxxxxxx X. Xxxxxx |
By | /s/ Xxxxxx X. Xxxxxx Xx. | |||||
| Name: | Xxxxxxxx X. Xxxxxx | Name | : Xxxxxx X. Xxxxxx Xx. | |||||
| Title: | Vice President and Asst. Secretary | Title: | VP & Sr. Counsel | |||||
| Date: | March 3, 2005 | Date: | 3/7/05 | |||||
| LORD XXXXXX DISTRIBUTOR LLC | ||
| By: | Lord, Xxxxxx & Co, LLC, its | |
| Managing Member | ||
| By | /s/ Xxxxxxxx X. Xxxxxx | |
| Name | Xxxxxxxx X. Xxxxxx | |
| Title: | Member and Deputy General Counsel | |
| Date | March 3, 2005 |
Schedule A
SEPARATE ACCOUNTS UTILIZING THE FUNDS
ML of New York Variable Annuity Separate Account D
CONTRACTS FUNDED BY THE SEPARATE ACCOUNTS
Xxxxxxx Xxxxx XXX Annuity
Contract No. MLNY-VA-006
Xxxxxxx Xxxxx Investor ChoiceSM Annuity
Contract No. MLNY-VA-010
As of March 3, 2005
Schedule B
Designated Portfolios and Class
| Lord Xxxxxx Affiliated Fund, Inc. | Class A | |||
| Lord Xxxxxx Bond Debenture Fund, Inc. | Class A | |||
| Lord Xxxxxx Mid-Cap Value Fund, Inc. | Class A | |||
As of March 3, 2005
