AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
Exhibit 8(zz)(1)
Amendment No. 1 to Participation Agreement (Janus)
[Investor]
AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
THIS AMENDMENT No. 1 to the Participation Agreement (the “Agreement”) between Janus Aspen
Series (the “Trust”), ML Life Insurance Company of New York (the “Company”) and Janus Distributors
LLC (the “Distributor”) is effective as of October 30, 2009. Capitalized terms not otherwise
defined herein shall have the meanings ascribed to them in the Agreement.
WHEREAS, the Trust, the Company and the Distributor have entered into the Agreement, dated
May 1, 2007; and
WHEREAS, AEGON USA, Inc. purchased the Company through a transaction effective December 28,
2007; and
WHEREAS, certain Company functions are transitioning to the Cedar Rapids offices of the
Company, effective November 9, 2009; and
WHEREAS, Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. (“MLPF&S”) is no longer the
broker-dealer for the Company; and
WHEREAS, the Trust, the Company and the Distributor now desire to amend the Agreement.
NOW, THEREFORE, in consideration of the above premises, the Distributor and the Company
hereby agree:
1. | Amendment. |
A. The tenth whereas is hereby deleted and replaced by the following: | |||
WHEREAS, Transamerica Capital, Inc. (“Policy Underwriter”), the underwriter for the variable annuity and the variable life policies, is registered as a broker-dealer with the SEC under the 1934 Act and is a member in good standing of the Financial Industry Regulatory Authority, Inc. (“FINRA”); and |
2. | Effectiveness. The Amendment is 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. |
(Signatures located on following page)
IN WITNESS WHEREOF, the Trust, the Company and the Distributor have caused this Amendment to
be executed by their duly authorized officers effective as of the day and year first above
written.
ML LIFE INSURANCE COMPANY | JANUS ASPEN SERIES | |||||||||
OF NEW YORK | ||||||||||
By:
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/s/ Xxx Xxxxxxxxxx
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By: | /s/ Xxxxxxxxx Xxxxxxxxxx-Xxxxxx
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Name:
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Xxx Xxxxxxxxxx | Name: | Xxxxxxxxx Xxxxxxxxxx-Xxxxxx | |||||||
Title:
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President | Title: | Vice President |
JANUS DISTRIBUTORS LLC | ||||
By:
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/s/ Xxxx Xxxxxx | |||
Name:
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Xxxx Xxxxxx | |||
Title:
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President |