EXHIBIT 3(B)(XVII)
AMENDMENT NUMBER 1 TO
AMENDED AND RESTATED PARTICIPATION AGREEMENT
AMONG XXX XXXXXX AMERICAN CAPITAL LIFE INVESTMENT TRUST,
XXX XXXXXX AMERICAN CAPITAL DISTRIBUTORS, INC.,C
XXX XXXXXX AMERICAN CAPITAL ASSET MANAGEMENT, INC.,
AMERICAN GENERAL LIFE INSURANCE COMPANY, AND
AMERICAN GENERAL SECURITIES INCORPORATED
This Amendment No. 1 ("Amendment") executed as of the 30th day of June,
1997 to the Amended and Restated Participation Agreement dated as of January 24,
1997 (the "Agreement") among Xxx Xxxxxx American Capital Life Investment Trust,
(the "Fund"), Xxx Xxxxxx American Capital Distributors, Inc., Xxx Xxxxxx
American Capital Asset Management, Inc., American General Life Insurance
Company, and American General Securities Incorporated.
WHEREAS, the parties desire to amend the Agreement by amending Section 1.3
of the Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual
agreements and covenants herein contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1. Section 1.3 of the Agreement is hereby deleted and replaced with the
following:
"1.3. The Fund will not make its shares available for purchase by any
insurance company or separate account unless an agreement containing
provisions which afford the Company substantially the same
protections currently provided by Sections 2.1,2.4, 2.9, 3.4 and
Article VII of this Agreement is in effect to govern such sales."
2. Except as amended hereby, the Agreement is hereby ratified and
confirmed in all respects.
IN WITNESS WHEREOF, the parties hereto execute this Amendment as of the
date first written above.
AMERICAN GENERAL LIFE INSURANCE AMERICAN GENERAL SECURITIES
COMPANY INCORPORATED
on behalf of itself and each of its Accounts
named in Schedule A to the Agreement,
as amended from time to time.
By: /S/ Xxxxxx X. Xxxxxx, Xx. By: /S/ F. Xxxx Xxxxxx
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Xxxxxx X. Xxxxxx, Xx. F. Xxxx Xxxxxx, Xx.
President and Chief Executive Officer President
XXX XXXXXX AMERICAN CAPITAL XXX XXXXXX AMERICAN CAPITAL
LIFE INVESTMENT TRUST DISTRIBUTORS, INC.
By: /S/ Xxxxxx X. XxXxxxxx By:/S/ Xxxxxxx X. Xxxxxx
----------------------------------- ------------------------
Xxxxxx X. XxXxxxxxx Xxxxxxx X. Xxxxxx
Executive Vice President President
XXX XXXXXX AMERICAN CAPITAL
ASSET MANAGEMENT, INC.
By: /S/ Xxxxxx X. XxXxxxxxx
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Xxxxxx X. XxXxxxxxx
President
