Exhibit- (h)(vii)(b) SECOND AMENDMENT TO PARTICIPATION AGREEMENT
Exhibit- (h)(vii)(b)
SECOND AMENDMENT TO
THIS PARTICIPATION AGREEMENT AMENDMENT is made and entered into as of January 1, 2009 by and among The Guardian Insurance and Annuity Company, Inc., Guardian Investor Services LLC, AllianceBernstein L.P. (formerly, Alliance Capital Management L.P.) (“Adviser”) and AllianceBernstein Investments, Inc. (formerly, Alliance Fund Distributors, Inc.) (“Distributor”).
WHEREAS, the parties have entered into a Participation Agreement dated as of May 1, 2002, as amended (the “Agreement”); and
WHEREAS, the parties now desire to amend that Agreement to update the list of separate accounts by including an Amended and Restated Schedule B to the Agreement.
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein, the parties hereby amend the Agreement as follows:
Schedule B is replaced in its entirety with “Amended and Restated Schedule B Effective as of January 1, 2009” which is attached to this Amendment.
IN WITNESS WHEREOF, the undersigned have executed this Participation Agreement Amendment as of the date set forth above.
The Guardian Insurance and Annuity Company, Inc. | AllianceBernstein L.P. | |||||||
By: | /s/ Xxxxxxx Xxxxxxxx |
By: | /s/ Xxxx X. Xxxxxx | |||||
Name: | Xxxxxxx Xxxxxxxx | Name: | Xxxx X. Xxxxxx | |||||
Title: | Vice President | Title: | Assistant Secretary | |||||
Guardian Investor Services LLC | AllianceBernstein Investments, Inc. | |||||||
By: | /s/ Xxxx Xxxxxx |
By: | /s/ Xxxxxx X. Garigolf | |||||
Name: | Xxxx Xxxxxx | Name: | Xxxxxx X. Garigolf | |||||
Title: | SVP | Title: | Assistant Secretary |
AMENDED AND RESTATED
SCHEDULE B
Effective as of January 1, 2009
Separate Account A |
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—Value Guard II Individual and Group Deferred Variable Annuity |
811-03323 | |
Separate Account D |
||
—The Guardian Investor Individual Variable Annuity |
811-05880 | |
Separate Account E |
||
—The Guardian Investor Retirement Asset Manager |
811-08057 | |
Separate Account F |
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—The Guardian C+C Variable Annuity |
811-09965 | |
—The Guardian CXC Variable Annuity |
333-148736 | |
Separate Account K |
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—Park Avenue Life 95 |
33-83412 | |
—Park Avenue Life 97 |
333-32101 | |
—PAL Millennium |
333-43682 | |
Separate Account M |
||
—VUL 97 |
333-35681 | |
Separate Account N |
||
—Flexible Solutions VUL |
333-126483 | |
—Flexible Solutions VUL-Gold Series |
333-148736 | |
—Executive Benefit VUL |
333-151073 | |
—VUL Millennium Series |
333-92475 | |
—SVUL Millennium Series |
333-148736 | |
Separate Account S |
||
—The Guardian Investor Income Access Variable Annuity |
333-87468 | |
Separate Account R |
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—The Guardian Investor Asset Builder Variable Annuity |
333-109483 | |
—The Guardian Investor Variable Annuity L Series |
333-153839 | |
—The Guardian Investor Variable Annuity B Series |
333-153840 |
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