AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT BETWEEN FIDELITY DISTRIBUTORS CORPORATION AND
EXHIBIT (8)(n)(1)
AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT (FIDELITY)
AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT
BETWEEN FIDELITY DISTRIBUTORS CORPORATION AND
ML LIFE INSURANCE COMPANY OF NEW YORK
THIS AMENDMENT, dated as of the 1st day of March, 2005, by and among Fideity Distributors Corporation, a Massachusetts company, (the “Underwriter”) and ML Life Insurance Company of New York (the “Company”),
WITNESSETH
WHEREAS, the Underwriter and the Company heretofore entered into a Participation Agreement dated October 11, 2002, (the “Agreement”) with regard to separate accounts established for variable life insurance and/or variable annuity contracts offered by the Company, and
WHEREAS, the Underwriter and the Company desire to amend Schedule A to the Agreement in accordance with the terms of the Agreement
NOW, THEREFORE, in consideration of the above premises, the Underwriter and the Company hereby agree
| 1. | Amendment Schedule A, as applicable, to the Agreement is amended in to read in its entirety as Schedule A attached hereto |
| 2. | Effectiveness The revised Schedule A of the Agreement shall be effective as of the date hereof |
| 3. | Continuation Except as set forth above, the Agreement shall remain in full force and effect in accordance with its terms |
| 4. | Counterparts This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original |
(Signatures located on following page)
IN WITNESS WHEREOF, the Fund, the Underwriter and the Company have caused this Amendment to be executed by their duly authorized officers effective as of the day and year first above written.
| FIDEILTY DISTRIBUTORS | ML LIFE INSURANCE COMPANY | |||||||
| CORPORATION | OF NEW YORK | |||||||
| By | /s/ Don Holborn |
By | /s/ Xxxxxx X. Xxxxxx Xx. | |||||
| Name | Don Holborn | Name | Xxxxxx X. Xxxxxx Xx. | |||||
| Title | EVP | Title | VP & Sr Counsel | |||||
| Date | 3/3/05 | Date | 3/11/05 | |||||
Schedule A
SEPARATE ACCOUNTS UTILIZING THE FUNDS
ML of New York Variable Annuity Separate Account D
CONTRACTS FUNDED BY THE SEPARATE ACCOUNTS
Xxxxxxx Xxxxx XXX Annuity
Contract No. MLNY-VA-006
Xxxxxxx Xxxxx Investor ChoiceSM Annuity
Contract No. MLNY-VA-010
As of March 4, 2005
Schedule B
Designated Portfolio and Class
| Fidelity Advisor Series I – Advisor Equity Growth Fund |
Class A | |
| Fidelity Advisor Series I – Advisor Mid Cap Growth Fund |
Class A | |
| Fidelity Advisor Series III – Advisor Overseas Fund |
Class A | |
As of March 4, 2005
