FOURTH AMENDMENT TO AMENDED AND RESTATED PARTICIPATION AGREEMENT
FOURTH AMENDMENT TO
AMENDED AND RESTATED PARTICIPATION AGREEMENT
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY, formerly known as AXA Equitable Life Insurance Company (the “Company”), a New York life insurance company, each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II, VARIABLE INSURANCE PRODUCTS FUND III, VARIABLE INSURANCE PRODUCTS FUND IV and VARIABLE INSURANCE PRODUCTS FUND V, each an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (each referred to hereinafter as the “Fund”), and FIDELITY DISTRIBUTORS COMPANY LLC (hereinafter the “Underwriter” or “FDC”), a Massachusetts corporation, entered into a certain participation agreement dated April 16, 2010 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of 8/11/2022 | 11:30:48 AM EDT, 20 , by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth on Schedule A to the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund and the Underwriter (collectively, the “Parties”).
RECITALS
WHEREAS, the Parties wish to add a new Separate Account to Schedule A of the Agreement. Schedule A is hereby deleted in its entirety and replaced with the attached Schedule A;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, which consideration is full and complete, the Company, the Fund, and the Underwriter hereby agree to supplement and amend the Participation Agreement as follows:
1. | Schedule A of the Agreement is hereby deleted in its entirety and replaced with the attached Schedule A. |
IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed as of the date first above written.
The Company
Equitable Financial Life Insurance Company, on behalf of itself and each Separate Account
By: |
| |
Print Name: | Xxxxxxx Xxxxxxxxx | |
Tiltle: | Chief Investment Officer | |
Date: | 8/9/2022 | 1:24 PM PDT |
The Fund:
Variable Insurance Products Fund
Variable Insurance Products Fund II
Variable Insurance Products Fund III
Variable Insurance Products Fund IV
Variable Insurance Products Fund V
By: |
| |
Print Name: | Xxxx Xxxxx | |
Title: | Assistant Treasurer | |
Date: | 8/11/2022 | 12:17:54 PM EDT |
The Underwriter: | ||
Fidelity Distributors Company LLC | ||
By: |
| |
Print Name: | Xxxxxx Xxxxxxx | |
Title: | EVP | |
Date: | 8/11/2022 | 11:30:48 AM EDT |
SCHEDULE A
Separate Accounts and Associated Contracts
Name of Separate Account | Policy Form Numbers of Contracts Funded by Separate Account | |
Equitable America Variable Account No. 70A |
All Contracts | |
Separate Account A (formerly AXA Equitable Separate Account A) |
All Contracts | |
Separate Account FP (formerly AXA Equitable Separate Account FP) |
All Contracts | |
Separate Account I (formerly AXA Equitable Separate Account I) |
All Contracts | |
Separate Account No. 45 (formerly AXA Equitable Separate Account 45) |
All Contracts | |
Separate Account No. 49 (formerly AXA Equitable Separate Account 49) |
All Contracts | |
Separate Account No. 65 (formerly AXA Equitable Separate Account 65) |
All Contracts | |
Separate Account No. 66 (formerly AXA Equitable Separate Account 66) |
All Contracts | |
Separate Account No. 70 (formerly AXA Equitable Separate Account 70) |
All Contracts | |
Separate Account No. 206 (formerly AXA Equitable Separate Account 206) |
All Contracts | |
Separate Account No. 301 (formerly AXA Equitable Separate Account 301) |
All Contracts |
SCHEDULE B
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SEC / Xxxxx
Xxxxxxxx.xxx/xxxxxxxxxxx