Amendment No. 1 to Participation Agreement (Columbia Funds)
EXHIBIT 8(i)(2)
Amendment No. 1 to Participation Agreement (Columbia Funds)
AMENDMENT No. 1
TO
Amendment No. 1 dated as of August 24, 2009 to the Participation Agreement (the “Agreement”), dated as of May 1, 2007, between TRANSAMERICA LIFE INSURANCE COMPANY; TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY; MONUMENTAL LIFE INSURANCE COMPANY (each as the “Insurance Company”), on its own behalf and on behalf of its separate accounts; COLUMBIA FUNDS VARIABLE INSURANCE TRUST (the “Fund”); COLUMBIA MANAGEMENT ADVISORS, LLC (the “Adviser”); and COLUMBIA MANAGEMENT DISTRIBUTORS, INC. (the “Distributor”).
WHEREAS, the Insurance Company, the Fund, the Advisor and Distributor heretofore entered into a Participation Agreement dated May 1, 2007, with regard to separate accounts established for variable life insurance and/or variable annuity contracts offered by the Insurance Company; and
WHEREAS, the Insurance Company, the Fund, Adviser, and Distributor desire to amend certain sections of the Agreement and Schedule A to the Agreement in accordance with the terms of the Agreement.
NOW THEREFORE, in consideration of past and prospective business relations, the parties hereby amend the Agreement as follows:
1. Section 1.1 of the Agreement is deleted in its entirety and replaced with the following:
1.1 The Distributor agrees to sell to the Insurance Company those shares of the Portfolios which the Account orders, executing such orders on each Business Day at the net asset value next computed after receipt by the Fund or its designee of the order for the shares of the Portfolios, subject to the terms and conditions set forth in the Fund’s then-current prospectus. For purposes of this Section 1.1, the Insurance Company shall be the designee of the Fund for receipt of such orders and receipt by such designee shall constitute receipt by the Fund. provided that the Fund receives notice of any such order sufficiently in advance of 10:00 a.m. Eastern time on the next following Business Day to effect any purchase by 10:00 a.m. Eastern time on that Business Day. The parties agree that receipt by the Fund of notice of such order prior to 9:00 a.m. Eastern time will be deemed to be sufficiently in advance for purposes of the preceding sentence; receipt of such notice between 9:00 a.m. and 10:00 a.m. Eastern time will be deemed to be sufficiently in advance solely in the discretion of the Fund or its designee. Any such notice received between 9:00 a.m. and 10:00 a.m. Eastern time that the Fund or its designee deems not to have been received sufficiently in advance will become a notice for execution at the net asset value next computed on such next Business Day. “Business Day” shall mean any day on which the New York Stock Exchange is open for trading and on which a Portfolio calculates its net asset value pursuant to the rules of the SEC.
2. Section 1.4 of the Agreement is deleted in its entirety and replaced with the following:
1.4 The Fund agrees to redeem for cash, on the Insurance Company’s request, any full or fractional shares of the Portfolios held by the Insurance Company, executing such requests on each Business Day at the net asset value next computed after receipt by the Fund or its designee of the request for redemption. For purposes of this Section 1.4, the Insurance Company shall be the designee of the Fund for receipt of requests for redemption and receipt by such designee shall constitute receipt by the Fund, provided that the Fund receives notice of any such request for redemption sufficiently in advance of 10:00 a.m. Eastern time. on the next following Business Day to effect any redemption by 10:00 a.m. Eastern time on that Business Day. The parties agree that receipt by the Fund of notice of such order prior to 9:00 a.m. Eastern time will be deemed to be sufficiently in advance for purposes of the preceding sentence; receipt of such notice between 9:00 a.m. and 10:00 a.m. Eastern time will be deemed to be sufficiently in advance solely in the discretion of the Fund or its designee. Any such notice received between 9:00 a.m. and 10:00 a.m. Eastern time that the Fund or its designee deems not to have been received sufficiently in advance will become a notice for execution at the net asset value next computed on such next Business Day.
3. Schedule A to the Agreement is deleted in its entirety and replaced with the attached amended Schedule A.
4. All other terms and provisions of the Agreement not amended herein shall remain in full force and effect.
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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 effective as of the date specified above.
TRANSAMERICA LIFE INSURANCE COMPANY | TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY | |||||||
By: | /s/ Xxxxxx X. Xxxxx | By: | /s/ Xxxxxx X. Xxxxx | |||||
Name: Xxxxxx X. Xxxxx | Name: Xxxxxx X. Xxxxx | |||||||
Title: Vice President | Title: Vice President |
MONUMENTAL LIFE INSURANCE COMPANY | COLUMBIA FUNDS VARIABLE INSURANCE TRUST INSURANCE COMPANY | |||||||
By: | /s/ Xxxxxx X. Xxxxxxx | By: | /s/ Xxxxxxx X. Xxxxx | |||||
Name: Xxxxxx X. Xxxxxxx | Name: Xxxxxxx X. Xxxxx | |||||||
Title: Vice President | Title: Vice President |
COLUMBIA MANAGEMENT DISTRIBUTORS, INC. | COLUMBIA MANAGEMENT ADVISORS, LLC | |||||||
By: | /s/ Xxxx Xxx Xxxxx | By: | /s/ Xxxx Xxx Xxxxx | |||||
Name: Xxxx Xxx Xxxxx | Name: Xxxx Xxx Xxxxx | |||||||
Title: Managing Director | Title: Managing Director |
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AMENDED SCHEDULE A
CONTRACTS/DESIGNATED PORTFOLIOS
Insurance Company Contracts |
Portfolios | |
Transamerica Life Insurance Company |
Columbia Funds Variable Insurance Trust—Class A | |
• Separate Account VA P, under the marketing names “Transamerica Opportunity Builder” and “Transamerica Traditions” |
• Columbia Mid Cap Value Fund, Variable Series
• Columbia Small Cap Value Fund, Variable Series | |
• Separate Account VA L, under the name “Transamerica Preferred Advantage Variable Annuity” |
• Columbia Mid Cap Value Fund, Variable Series
• Columbia Small Cap Value Fund, Variable Series | |
• Separate Account VA S, under the name the marketing name “Huntington Allstar Select” |
• Columbia Small Cap Value Fund, Variable Series
• Columbia Strategic Income Fund, Variable Series | |
• Separate Account VA K, under the marketing name “Retirement Income Builder IV” |
• Columbia Asset Allocation Fund, Variable Series
• Columbia Large Cap Value Fund, Variable Series
• Columbia Small Company Growth Fund, Variable Series | |
• Separate Account VA F, under the name “Premier Asset Builder Variable Annuity” |
• Columbia Mid Cap Value Fund, Variable Series
• Columbia Small Cap Value Fund, Variable Series
• Columbia Strategic Income Fund, Variable Series |
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Insurance Company Contracts |
Portfolios | |
Transamerica Life Insurance Company |
Columbia Funds Variable Insurance Trust—Class A Shares | |
• PFL Corporate Account One, under the marketing names “Advantage V Variable Universal Life Policy.” and “Advantage VI Variable Universal Life Policy” |
• Columbia Asset Allocation Fund, Variable Series
• Columbia Federal Securities Fund, Variable Series
• Columbia International Fund, Variable Series | |
• Columbia Large Cap Growth Fund, Variable Series
• Columbia Large Cap Value Fund, Variable Series
• Columbia Mid Cap Value, Variable Series
• Columbia S&P 500 Index Fund, Variable Series
• Columbia Select Large Cap Growth Fund, Variable Series
• Columbia Select Opportunities Fund, Variable Series
• Columbia Small Cap Value Fund, Variable Series
• Columbia Small Company Growth Fund, Variable Series
• Columbia Strategic Income Fund, Variable Series
• Columbia Value and Restructuring Fund, Variable Series | ||
Columbia Variable Insurance Trust—Class A Shares | ||
• Separate Account VA-5 under the marketing name “Distinct AssetSM Variable Annuity” |
• Columbia Small Company Growth Fund, Variable Series | |
Monumental Life insurance Company |
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• Separate Account VA CC, under the names “Advisor’s Edge® Select® Variable Annuity,” and “Advisor’s Edge® Variable Annuity” |
Columbia Variable Insurance Trust—Class A Shares
• Columbia Small Company Growth Fund, Variable Series | |
Transamerica Financial Life Insurance Company |
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• Separate Account VA-5NLNY, under the marketing name “Distinct AssetSM Variable Annuity” |
Columbia Funds Variable Insurance Trust—Class A Shares
• Columbia Small Company Growth Fund, Variable Series | |
• TFLIC Separate Account VNY under the name “Advisor’s Edge® NY Variable Annuity” |
Columbia Funds Variable Insurance Trust—Class A Shares
• Columbia Small Company Growth Fund, Variable Series | |
• TFLIC Separate Account C under the name “Advisor’s Edge Variable Annuity” |
Columbia Funds Variable Insurance Trust—Class A Shares
• Columbia Small Company Growth Fund, Variable Series |
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