Amendment No. 9 to Participation Agreement (AllianceBernstein)
Exhibit 8(b)(3)
Amendment No. 9 to Participation Agreement (AllianceBernstein)
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AMENDMENT 9
TO
Amendment to the Participation Agreement (the “Agreement”) dated as of July 1, 2014 between TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY, (“Insurer”). TRANSAMERICA CAPITAL, INC. (“Contracts Distributor”) (together Insurer and Contract Distributor, the “Company”); ALLIANCEBERNSTEIN L.P. (formerly, ALLIANCE CAPITAL MANAGEMENT L.P.), (“Adviser”); and ALLIANCEBERNSTEIN INVESTMENTS, INC. (formerly, ALLIANCEBERNSTEIN INVESTMENT RESEARCH AND MANAGEMENT, INC.) (“Distributor”).
WHEREAS, the Insurer, Contracts Distributor, Adviser and Distributors have entered into a Participation Agreement dated as of May 1, 2001 (the “Agreement”), and
WHEREAS, the Insurer, Contracts Distributor, Adviser and Distributor desire to amend the Agreement as follows:
| 1. | The existing first “WHEREAS” clause is deleted in its entirety and replaced by the following: |
WHEREAS Insurer, the Distributor, and Alliance Variable Products Series Fund, Inc. (the “Fund”) desire that Class B Shares of the Fund’s Portfolios (the “Portfolios”; reference herein to the “Fund” includes reference to each Portfolio to the extent the context requires) be made available by Distributor to serve as underlying investment media for those combination fixed and variable annuity contracts of Insurer (the “Contracts”) that are the subject of Insurer’s Form N-4 registration statements filed with the Securities and Exchange Commission (the “SEC”), to be offered through Contracts Distributor and other registered broker-dealer firms as agreed to by Insurer and Contracts Distributor, which Portfolios and Contracts are listed in Schedule A hereto and made a part of this Agreement, as it may be revised from time to time, with notice to all parties.
| 2. | Schedule A of the Agreement is hereby deleted in its entirety and replaced with the following Schedule A. |
AMENDED SCHEDULE A
SEPARATE ACCOUNTS, CONTRACTS AND PORTFOLIOS
SEPARATE ACCOUNT
ML of New York Variable Annuity Separate Account A
ML of New York Variable Annuity Separate Account B
ML of New York Variable Life Separate Account
ML of New York Variable Life Separate Account II
Separate Account VA-6NY
Separate Account VA BNY
TFLIC Series Life Account
POLICY/CONTRACT
Advisor’s Edge® NY Variable Annuity
Directed Life, Directed Life 2
Xxxxxxx Xxxxx Estate Investor I
Xxxxxxx Xxxxx Estate Investor II
Xxxxxxx Xxxxx Investor Choice Annuity® (NY) (Investor Series)
Xxxxxxx Xxxxx Investor Life
Xxxxxxx Xxxxx Investor Life Plus
Xxxxxxx Xxxxx Legacy Power
Xxxxxxx Xxxxx Prime Plans I, II, III, IV, V, VI, 7
Xxxxxxx Xxxxx Retirement Optimizer®
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Xxxxxxx Xxxxx Retirement Plus®
Xxxxxxx Xxxxx Retirement Power®
Partners Variable Annuity Series
TFLIC Freedom Elite Builder
TFLIC Freedom Elite Builder II Transamerica Advisor EliteSM II (NY)
Transamerica AxiomSM II (NY)
Transamerica AxiomSM NY Variable Annuity
Transamerica Classic® Variable Annuity (NY)
Transamerica LandmarkSM NY Variable Annuity
Transamerica LibertySM NY Variable Annuity
Transamerica Variable Annuity Series (NY)
Transamerica Variable Annuity O-Share (NY)
FUND
AllianceBernstein Global Thematic Growth Portfolio – Class A
AllianceBernstein Growth and Income Portfolio – Class A
AllianceBernstein International Value Fund – Class A
AllianceBernstein Large Cap Growth Portfolio – Class A
AllianceBernstein Small/Mid Cap Value Portfolio – Class A
AllianceBernstein Value Portfolio – Class A
AllianceBernstein VPS Large Cap Growth Portfolio – Class A
AllianceBernstein Balanced Wealth Strategy Portfolio – Class B
AllianceBernstein Global Thematic Growth Portfolio – Class B
AllianceBernstein Growth and Income Portfolio – Class B
AllianceBernstein Growth Portfolio – Class B
AllianceBernstein Large Cap Growth Portfolio – Class B
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: July 1, 2014
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their respective officers of authorized representatives as of May 1, 2011.
| TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY | ALLIANCEBERNSTEIN L.P. | |||||||
| By: Name: Title: Date: |
/s/ Xxxx X. Xxxxxxx Xxxx X. Xxxxxxx VP 6-26-14 |
By: Name: Title: Date: |
/s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Assistant Secretary June 4, 2014 | |||||
| TRANSAMERICA CAPITAL, INC. | ALLIANCEBERNSTEIN INVESTMENTS, INC. | |||||||
| By: Name: Title: Date: |
/s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx SVP 6/25/14 |
By: Name: Title: Date: |
/s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx AVP June 3, 2014 | |||||
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