Exhibit 26(h)(18)(iii)
AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT
This Amendment No. 2 to the Participation Agreement (the "Amendment") is
made and entered into as of this 29th day of January, 2010, by and among
Minnesota Life Insurance Company (the "Company"), on its own behalf and on
behalf of each separate account of the Company (each an "Account") identified in
the Participation Agreement (as defined below), Financial Investors Variable
Insurance Trust, (the "Fund"); ALPS Advisors, Inc., (the "Adviser"); and ALPS
Distributors, Inc., (the "Distributor").
WHEREAS, the Company, the Fund, the Adviser and the Distributor have
entered into a Participation Agreement dated as of July 1, 2007, as such
agreement may be amended from time to time (the "Participation Agreement"); and
WHEREAS, the Company, the Fund, the Adviser, and the Distributor wish to
amend the Participation Agreement in certain respects as set forth below.
NOW, THEREFORE, in consideration of their mutual promises, and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Company, the Fund, the Distributor, and the Adviser agree to
amend the Participation Agreement as follows:
1. Schedule A of the Participation Agreement is deleted and replaced with
the attached Schedule A.
2. Except as provided herein, the Participation Agreement shall remain in
full force and effect. In the event of any conflict between the terms of this
Amendment and the Participation Agreement, the terms of this Amendment shall
control.
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to
be executed in its name and on its behalf by its duly authorized representative
as of the date specified above.
MINNESOTA LIFE INSURANCE COMPANY
By: /s/ Xxxxxx X. Xxxxx
---------------------------------
Name: Xxxxxx X. Xxxxx
Title: Vice President
FINANCIAL INVESTORS VARIABLE INSURANCE TRUST
By: /s/ Xxxx X. Xxxxx
---------------------------------
Name: Xxxx X. Xxxxx
Title: Secretary
ALPS ADVISORS, INC.
By: /s/ Xxxxxx X. Xxxxxx
---------------------------------
Name: Xxxxxx X. Xxxxxx
Title: President
ALPS DISTRIBUTORS, INC.
By: /s/ Xxxxxx X. Xxxxxx
---------------------------------
Name: Xxxxxx X. Xxxxxx
Title: President
PARTICIPATION AGREEMENT
SCHEDULE A
The following Separate Accounts and Associated Contracts of Minnesota Life
Insurance Company are permitted in accordance with the provisions of this
Agreement to invest in Portfolios of the Fund shown in Schedule B:
CONTRACTS FUNDED BY SEPARATE ACCOUNT NAME OF SEPARATE ACCOUNT
------------------------------------ ------------------------
MultiOption Advisor Variable Annuity Account
MultiOption Legend
MultiOption Extra
Minnesota Life Accumulator VUL Minnesota Life Individual
Variable Universal Life
Account
Variable Adjustable Life (VAL) Minnesota Life Variable Life
Account
Variable Adjustable Life Second Death (VAL-SD)
Variable Adjustable Life Horizon (VAL Horizon)
Variable Adjustable Life Summit (VAL Summit)
Variable Adjustable Life Survivor (VAL Survivor)
