FORM OF AMENDMENT OF PARTICIPATION AGREEMENT
Exhibit (h)(87)
FORM OF
AMENDMENT
OF
This Amendment dated as of July 24, 2009 is by and among ML LIFE INSURANCE COMPANY OF NEW
YORK, (the “Company”), a New York corporation, on its own behalf and on behalf of each separate
account of the Company named in Schedule 1 to Participation Agreement (as defined below), PREMIER
VIT, an open-end diversified management investment company organized under the laws of the State of
Massachusetts (the “Fund”), and ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC, a Delaware limited
liability company (“AGI Distributors”).
WHEREAS, the Company, the Fund and AGI Distributors have entered into a Participation
Agreement on May 1, 2004 (the “Participation Agreement”); and
WHEREAS, the Company, the Fund and AGI Distributors desire to amend the Participation
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto
agree as follows:
1. Anti-Money Laundering. The following provision shall be added to the Participation
Agreement as its last numbered Sub-Section under Article II and it shall be numbered accordingly:
Each party to this Agreement represents and warrants that it is currently in compliance
and will remain in compliance with all applicable state and federal anti-money laundering,
laws, regulations, and requirements. In addition, each party to this Agreement represents
and warrants that it has adopted and implemented policies and procedures reasonably designed
to achieve compliance with the applicable requirements administered by the Office of Foreign
Assets Control (“OFAC”) of the U.S. Department of the Treasury.
2. Continuation. Except as set forth above, the Participation Agreement shall remain
in full force and effect in accordance with its terms.
3. Counterparts. This Amendment may be executed in one or more counterparts, each of
which shall be deemed to be an original.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly
authorized representative as of the day and year first above written.
ML LIFE
INSURANCE COMPANY OF NEW YORK
By: |
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| Name: Xxxxxx X. Xxxxx | ||||
| Title: Vice President | ||||
| PREMIER VIT | ||||
By: |
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| Name: | ||||
| Title: | ||||
| ALLIANZ GLOBAL INVESTORS DISTRIBUTORS LLC | ||||
By: |
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| Name: | ||||
| Title: | ||||
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