Exhibit (h) (xxii) (a) AMENDMENT ONE TO FUND PARTICIPATION AGREEMENT
Exhibit (h) (xxii) (a)
AMENDMENT ONE TO FUND PARTICIPATION AGREEMENT
Amendment One to the July 16th, 2010 Participation Agreement (“Agreement”) as amended, is dated as of October 24, 2011, by and among Xxxxx Fargo Variable Trust, The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company (the “Company”) and Guardian Investor Services LLC (the “Insurance Underwriter”), a broker-dealer affiliated with the Company.
AMENDMENT
For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. Schedule A of this Agreement shall be deleted and replaced with the attached Schedule A.
2. All other terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this Amendment as of the date and year first above written.
The Guardian Insurance & Annuity Company, Inc.
By its authorized officer:
By: | /s/ Xxxxxxx Xxxxxxxx | |||
Name: | Xxxxxxx Xxxxxxxx | |||
Title: | VP | |||
Date: | 10/25/11 |
Guardian Investor Services LLC
By its authorized officer:
By: | /s/ Xxxx X. Xxxxxx | |||
Name: | Xxxx X. Xxxxxx | |||
Title: | SVP & Controller | |||
Date: | 10/31/11 |
Xxxxx Fargo Variable Trust
By its authorized officer:
By: | /s/ Xxxxxx Xxxx | |||
Name: | Xxxxxx Xxxx | |||
Title: | Assistant Secretary | |||
Date: | October 24, 2011 |
Schedule A
Separate Accounts, Contracts and Designated Portfolios
Registered Accounts of the Company Investing in the Trust
Effective as of the date the Amendment was executed, the following separate accounts of the Company are subject to the Agreement:
Name of Account |
Date Established by Board of Directors of the Company |
SEC 1940 Act Registration Number |
Type of Product Supported by Account | |||
Separate Account R |
3/12/2003 | 811-21438 | Annuity | |||
Separate Account N |
9/23/1999 | 811-09725 | Life |
Classes of Contracts
Supported by Separate Accounts
Listed on Schedule 1
Effective as of the date the Agreement was executed, the following classes of Contracts are subject to the Agreement:
Marketing Name |
SEC 1933 Art Registration Number |
Contract Form Number |
Annuity or Life | |||
The Guardian investor Variable Annuity L Series |
333-153839 | Annuity | ||||
The Guardian Investor Variable Annuity B Series |
333-153840 | Annuity | ||||
Executive Benefits VUL |
333-151073 | Life | ||||
Executive Benefits VUL II |
333-176499 | Life | ||||
Executive Benefits Corporate Sponsored VUL II |
333-176499 | Life | ||||
Executive Benefits Gateway VUL |
333-176500 | Life |
Trust Share Series and Classes
Available Under
Each Class of Contracts
Effective as of the date the Agreement was executed, the following Class 2 Variable Trust Funds in the following Series are available under the Contracts, as shown. This Schedule may also include other current and future Class 2 Variable Trust Funds.
Xxxxx Fargo Advantage VT Discovery Fund
Xxxxx Fargo Advantage VT Index Asset Allocation Fund
Xxxxx Fargo Advantage VT International Equity Fund
Xxxxx Fargo Advantage VT Intrinsic Value Fund
Xxxxx Fargo Advantage VT Omega Growth Fund
Xxxxx Fargo Advantage VT Opportunity Fund
Xxxxx Fargo Advantage VT Small Cap Growth Fund
Xxxxx Fargo Advantage VT Small Cap Value Fund
Xxxxx Fargo Advantage VT Total Return Bond Fund
Effective as of the date the Agreement was executed, the following Trust Classes and Series are available under the Contracts:
Contract Marketing Name |
Fund/Series — Share Classes | |
Xxxxx Fargo Advantage VT International Equity Fund |
Class 2 | |
Xxxxx Fargo Advantage VT Small Cap Value Fund |
Class 2 |