AMENDMENT TO FUND PARTICIPATION AGREEMENT
Exhibit (8)(d)
AMENDMENT TO FUND PARTICIPATION AGREEMENT
THIS AMENDMENT TO FUND PARTICIPATION AGREEMENT is made as of this 14th day of November, 2011, by and among Delaware VIP Trust, Delaware Management Company, Delaware Distributors, L.P. and First Great-West Life & Annuity Insurance Company (“First Great-West”) ( collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
RECITALS
WHEREAS, the Parties entered into to a Fund Participation Agreement dated June 2, 2003, as amended, (the “Agreement”); and
WHEREAS, the Parties desire to add additional First Great-West separate accounts to the Agreement; and
WHEREAS, the Parties desire and agree to amend the Agreement by deleting in its entirety Schedule A of the Agreement and replacing it with the Schedule A attached hereto.
WHEREAS, the Parties to the Agreement desire to add additional portfolio investment options to the Account; and
WHEREAS, the Parties desire and agree to amend the Agreement by deleting in its entirety Schedule B of the Agreement and replacing it with the Schedule B attached hereto.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the Parties hereby amend the Agreement as follows:
1. | The first paragraph of the Agreement is deleted in its entirety and replaced with the following: |
“THIS AGREEMENT, made and entered into as of this 2nd day of June, 2003 by and among FIRST GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY (hereinafter “FGWL&A”), a New York life insurance company, on its own behalf and on behalf of its separate accounts described in Schedule A (the “Account(s)”);
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DELAWARE VIP TRUST, a business trust organized under the laws of Delaware on behalf of the series included on Schedule B hereto (“Fund”); DELAWARE MANAGEMENT COMPANY, a series of Delaware Management Business Trust (“Adviser”), a business trust organized under the laws of Delaware; and DELAWARE DISTRIBUTORS, L.P. a limited partnership organized under the laws of Delaware (“Distributor”) (collectively, the “Parties”).
2. | Schedule A is hereby deleted in its entirety and replaced with the Schedule A attached hereto; and |
3. | Schedule B is hereby deleted in its entirety and replaced with the Schedule B attached hereto; and |
4. | All other provisions of the Agreement shall remain in full force and effect. |
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the 14th day of November, 2011.
FIRST GREAT-WEST LIFE AND ANNUITY INSURANCE COMPANY
By its authorized officer,
By: |
/s/ Xxx Xxxxxxxxxxxx |
|||
Name: Xxx Xxxxxxxxxxxx | ||||
Title: Senior Vice-President | ||||
Date: 11/9/11 | ||||
DELAWARE VIP TRUST, | ||||
By its authorized officer, | ||||
By: |
/s/ Xxxxxxx Xxxxx | |||
Name: Xxxxxxx X. Xxxxx | ||||
Title: President | ||||
Date: November 14, 2011 | ||||
DELAWARE MANAGEMENT COMPANY | ||||
By its authorized officer, | ||||
By: |
/s/ Xxxxxxx Xxxxx | |||
Name: Xxxxxxx X. Xxxxx | ||||
Title: President | ||||
Date: November 14, 2011 | ||||
DELAWARE DISTRIBUTORS, L.P. | ||||
By its authorized officer, | ||||
By: |
/s/ Xxxxxxx Xxxxx | |||
Name: Xxxxxxx X. Xxxxx | ||||
Title: President | ||||
Date: November 14, 2011 |
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SCHEDULE A
Separate Accounts
Name of Separate Accounts
First Great-West Life & Annuity Insurance Company Accounts:
Variable Annuity-1 Series Account
Variable Annuity-2 Series Account
SCHEDULE B
Authorized Funds
Delaware VIP® Diversified Income Series |
Standard Class and/or Service Class | |
Delaware VIP® Emerging Market Series |
Standard Class and/or Service Class | |
Delaware VIP® High Yield Series |
Standard Class and/or Service Class | |
Delaware VIP® International Value Equity Series |
Standard Class and/or Service Class | |
Delaware VIP® Limited-Term Diversified Income Series |
Standard Class and/or Service Class | |
Delaware VIP® REIT Series |
Standard Class and/or Service Class | |
Delaware VIP® Small Cap Value Series |
Standard Class and/or Service Class | |
Delaware VIP® Xxxx Cap Growth Series |
Standard Class and/or Service Class | |
Delaware VIP® U.S. Growth Series |
Standard Class and/or Service Class | |
Delaware VIP® Value Series |
Standard Class and/or Service Class | |