PARTICIPATION AGREEMENT
FOURTH AMENDMENT TO
This Fourth Amendment to Participation Agreement (“Amendment”) is entered into by and among Xxxx Xxxxx Investor Services, LLC (the “Distributor”), Xxxx Xxxxx Partners Variable Equity Trust and Xxxx Xxxxx Partners Variable Income Trust (each a “Fund”, collectively the “Funds”), Xxxx Xxxxx Partners Fund Advisor, LLC (the “Advisor”) and Protective Life and Annuity Insurance Company (the “Company”), collectively (the “Parties”).
WHEREAS, the Parties entered into a Participation Agreement dated November 1, 2009, as amended (the “Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Agreement;
WHEREAS, the Parties desire to amend the Agreement to update the funds listed in Schedule B; and
WHEREAS, the Parties desire to amend the Agreement;
NOW, THEREFORE, in consideration of these premises and the terms and conditions set forth herein, the Parties agree as follows:
1.
Schedule B of this Amendment, attached hereto, supersedes and replaces in its entirety the Schedule B of the Agreement.
2.
Other Terms. Other than the foregoing, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect and are ratified and confirmed in all respects by the Parties to this Amendment.
For the purpose of referring to this Amendment, the date of this Amendment shall be the date of acceptance by Xxxx Xxxxx Investor Services, LLC.
Xxxx Xxxxx Investor Services, LLC
Protective Life and Annuity Insurance Company
By:
/s/ Xxxxxx X’Xxxx
By:
/s/ Xxxxx Xxxxxx
Name:
Xxxxxx X’Xxxx
Name:
Xxxxx Xxxxxx
Title:
COO US Distribution
Title:
Chief Product Officer – Retirement Division
Date: 3/31/2021
Date: 4/7/2021
Xxxx Xxxxx Partners Variable Equity Trust
Xxxx Xxxxx Partners Variable Income Trust
By:
/s/ Xxxx Trust
By:
/s/ Xxxx Trust
Name:
Xxxx Trust
Name:
Xxxx Trust
Title:
President & CEO
Title:
President & CEO
Date: 4/1/2021
Date: 4/1/2021
Xxxx Xxxxx Partners Fund Advisor, LLC
By:
/s/ Xxxx Trust
Name:
Xxxx Trust
Title:
President & CEO
Date: 4/1/2021
SCHEDULE B
PORTFOLIOS AVAILABLE UNDER THE CONTRACTS
All Funds shall pay 12b-1 fees in the amount as stated in each Fund’s then current prospectus.
|
Fund Trust Name
|
Portfolio Fund Name
|
Class
|
CUSIP
|
|
|
|
|
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
ClearBridge Variable Dividend Strategy Portfolio
|
II
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
ClearBridge Variable Large Cap Growth Portfolio
|
II
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
ClearBridge Variable Mid Cap Portfolio
|
I
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
ClearBridge Variable Mid Cap Portfolio
|
II
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
ClearBridge Variable Small Cap Growth Portfolio
|
I
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
ClearBridge Variable Small Cap Growth Portfolio
|
II
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
QS Xxxx Xxxxx Dynamic Multi-Strategy VIT Portfolio
|
I
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Equity Trust
|
QS Xxxx Xxxxx Dynamic Multi-Strategy VIT Portfolio
|
II
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Income Trust
|
Western Asset Core Plus VIT Portfolio
|
I
|
00000X000
|
|
Xxxx Xxxxx Partners Variable Income Trust
|
Western Asset Core Plus VIT Portfolio
|
II
|
00000X000
|
2
