AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
Exhibit (h) i. m. 1.
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
THIS AMENDMENT NO. 1 TO THE PARTICIPATION AGREEMENT is made as of this 1st day of October, 2020 by and among MFS VARIABLE INSURANCE TRUST, a Massachusetts business trust (the “Trust I”), MFS VARIABLE INSURANCE TRUST II, a Massachusetts business trust (the “Trust II”), MFS VARIABLE INSURANCE TRUST III, a Delaware statutory trust (the “Trust III”) ( (Trust I, Trust II and Trust III each referred to individually, as the “Trust” and, collectively the “Trusts”), MFS FUND DISTRIBUTORS, INC., a Delaware corporation (“MFD”), and MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation (the “Company”), on its own behalf and on behalf of each segregated asset accounts of the Company as set forth on Schedule A of the Agreement (defined below) (the “Accounts”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
RECITALS
WHEREAS, the Trusts, the Company and MFD are parties to a certain Participation Agreement dated October 1, 2016 (the “Agreement”), in which the series of shares of each Trust (each, a “Portfolio,” and, collectively, the “Portfolios”) and the classes of shares of those Portfolios (the “Shares”) offered by each Trust to the Company and the Accounts are set forth on Schedule A of the Agreement;
WHEREAS, the Company will issue certain variable annuity and/or variable life insurance contracts (individually, the “Policy” or, collectively, the “Policies”) which, if required by applicable law, will be registered under the 1933 Act;
WHEREAS, to the extent permitted by applicable insurance laws and regulations, the Company intends to purchase the Shares of the Portfolios as specified in Schedule A of the Agreement on behalf of the Accounts to fund the Policies, and the Trusts intend to sell such Shares to the Accounts at net asset value; and
WHEREAS, the parties desire to amend the Agreement to add an additional Policy to Schedule A; and
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree that Schedule A of the Agreement is deleted and replaced with Schedule A attached hereto.
Except as expressly amended hereby, the Agreement shall continue in full force and effect.
[Signature page to follow.]
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written.
MASSACHUSETTS MUTUAL LIFE | MFS VARIABLE INSURANCE TRUST, | ||
INSURANCE COMPANY | on behalf of the Portfolios | ||
By its authorized officer | By its authorized officer and not individually, | ||
/s/ Xxxxxxx X. Xxxx | By: | /s/ Xxxxx X. Xxxxxxxxxx | |
Name: Xxxxxxx X. Xxxx | Name: | Xxxxx X. Xxxxxxxxxx | |
Title: Head of Institutional Insurance | Title: | Assistant Secretary | |
Date: | 2020.10.15 14:56:41 -04’00’ |
MFS FUND DISTRIBUTORS, INC. | MFS VARIABLE INSURANCE TRUST II, | |||
By its authorized officer, | on behalf of the Portfolios | |||
By its authorized officer and not individually, | ||||
By: | /s/ Xxxxxxx Xxxxxx | By: | /s/ Xxxxx X. Xxxxxxxxxx | |
Name: | Xxxxxxx Xxxxxx | Name: | Xxxxx X. Xxxxxxxxxx | |
Title: | President of MFS Fund Distributors, Inc. | Title: | Assistant Secretary | |
Date: | 2020.10.15 14:56:58 -04’00’ |
MFS VARIABLE INSURANCE TRUST III, | |||
on behalf of the Portfolios | |||
By its authorized officer and not individually, | |||
By: | /s/ Xxxxx X. Xxxxxxxxxx | ||
Name: | Xxxxx X. Xxxxxxxxxx | ||
Title: | Assistant Secretary | ||
Date: | 2020.10.15 14:57:17 -04’00’ |
SCHEDULE A
ACCOUNTS, POLICIES, AND PORTFOLIOS
SUBJECT TO THE PARTICIPATION AGREEMENT
Name
of Separate Account and Date Established by Board of Directors |
Policies Funded by Separate Account |
Share Class | Trust | Portfolios
Applicable to Policies |
SL10, SL 9, GVUL, SL 18 | ||||
Massachusetts Mutual Variable Life | VUL, | |||
Separate Account 1 | VUL II, SVUL, | Initial and | VIT, VIT II, | |
SVUL II, | Service | and VIT III | (1) | |
VUL Guard, and | ||||
Survivorship VUL Guard | ||||
Massachusetts Mutual Variable Life | Initial and | VIT, VIT II, | ||
Separate Account IX | SL20, SL 21 | Service | and VIT III | (1) |
(1) Portfolios Applicable to certain Policies:
VIT I | VIT II | |
MFS Global Equity Series | MFS Blended Research Core Equity Portfolio | |
MFS Growth Series | MFS Core Equity Portfolio | |
MFS Investors Trust Series | MFS Corporate Bond Portfolio | |
MFS Mid Cap Growth Series | MFS Emerging Markets Equity Portfolio | |
MFS New Discovery Series | MFS Global Governments Portfolio | |
MFS Research Series | MFS Global Growth Portfolio | |
MFS Total Return Bond Series | MFS Global Research Portfolio | |
MFS Total Return Series | MFS Global Tactical Allocation Portfolio | |
MFS Utilities Series | MFS Government Securities Portfolio | |
MFS Value Series | MFS High Yield Portfolio | |
MFS Income Portfolio | ||
MFS International Growth Portfolio | ||
MFS International Intrinsic Value Portfolio | ||
MFS Massachusetts Investors Growth Stock Portfolio | ||
MFS Research International Portfolio | ||
MFS Technology Portfolio | ||
MFS US Government Money Market Portfolio | ||
VIT III | ||
MFS Inflation-Adjusted Bond Portfolio | ||
MFS Blended Research Small Cap Equity Portfolio | MFS Limited Maturity Portfolio | |
MFS Conservative Allocation Portfolio | MFS Mid Cap Value Portfolio | |
MFS Global Real Estate Portfolio | MFS Moderate Allocation Portfolio | |
MFS Growth Allocation Portfolio | MFS New Discovery Value Portfolio |
And any other Portfolios or series of shares of the Trusts that are available and open to new investors on or after the effective date of this Agreement.