EXHIBIT (b)(8)(f)
A G R E E M E N T
AGREEMENT dated January 11, 1993, by and between ML Life Insurance
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Company of New York ("ML of New York"), a State of Arkansas corporation, on its
own behalf and on behalf of its ML of New York Variable Annuity Separate Account
A and ML of New York Variable Annuity Separate Account B (the "Variable Annuity
Accounts"), and Xxxxxxx Xxxxx Variable Series Funds, Inc. (the "Company").
W I T N E S S E T H:
WHEREAS, the Variable Annuity Accounts are separate accounts
established and maintained by ML of New York pursuant to the laws of the State
of Arkansas for variable annuity contracts issued by ML of New York;
WHEREAS, the Variable Annuity Accounts are registered as unit
investment trusts under the Investment Company Act of 1940 ("Investment Company
Act");
WHEREAS, the Company is registered as an open-end management company
organized as a series fund under the Investment Company Act;
WHEREAS, the Company is now comprised of ten funds but may add
additional funds;
WHEREAS, to the extent permitted by applicable insurance laws and
regulations, ML of New York intends to purchase shares of such funds as are
authorized by the Company on behalf of the Variable Annuity Accounts to fund
benefits under the variable annuity contracts;
NOW, THEREFORE, ML of New York and the Company hereby agree as
follows:
1. ML of New York shall pay for the costs of printing the
Company's semi-annual and annual shareholder reports, registration statements,
prospectuses and statements of additional information.
2. On each day on which the net asset value of the shares of any
portfolio of the Company is required to be calculated pursuant to the
requirements of the Investment Company Act, the Company shall provide ML of New
York with the net asset values of such funds by 5:00 p.m. (New York time). The
Company shall also provide ML of New York with reports of dividends declared for
each portfolio, by 5:00 p.m. (New York time) on each day on which a
dividend is declared.
3. A redemption of the Company's shares shall be settled regular way.
4. This Agreement shall remain in effect until terminated by the
mutual written consent of the parties hereto.
5. This Agreement shall be subject to the provisions of the
Investment Company Act, the Securities Act of 1933 and the Securities Exchange
Act of 1934 and the rules, regulations and rulings thereunder, including such
exemptions from those statutes, rules and regulations as the Securities and
Exchange Commission may grant, and the terms hereof shall be interpreted and
construed in accordance therewith.
6. If any provision of this Agreement shall be held or made invalid
by a court decision, statute, rule or otherwise, the remainder of this Agreement
shall not be affected thereby.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be duly executed as of the day and year first above written.
ML LIFE INSURANCE COMPANY OF NEW YORK
By: /s/ XXXX X. XXXXXXXXX
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Xxxx X. Xxxxxxxxx
Attest:
/s/ XXXXX X. XXXXX
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Xxxxx X. Xxxxx
XXXXXXX XXXXX VARIABLE SERIES FUNDS, INC.
By: /s/ XXXXXX XXXXXX
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Xxxxxx Xxxxxx
Attest:
/s/ XXXXXXX X. XXXXXXXXXXX
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Xxxxxxx X. Xxxxxxxxxxx
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