AMENDMENT NO. 1 PARTICIPATION AGREEMENT
AMENDMENT NO. 1
The Participation Agreement, (the “Agreement”), dated July 1,2005, by and among AIM Variable Insurance Funds, a Delaware Trust (“AVIF”), A I M Distributors, Inc., a Delaware corporation (“AIM”), AXA Equitable Life Insurance Company, a New York life insurance company (“LIFE COMPANY”), on behalf of itself and each of its segregated asset accounts listed in Schedule A hereto, as the parties hereto may amend from time to time (each, an “Account,” and collectively, the “Accounts”); and AXA Advisors, LLC and AXA Distributors LLC, each an affiliate of LIFE COMPANY and the principal underwriters of the contracts (“UNDERWRITER”) (collectively, the “Parties”), is hereby amended as follows:
WHEREAS, on March 31, 2008, A I M Distributors, Inc. was renamed Invesco Aim Distributors, Inc. All references to A I M Distributors, Inc. will hereby be deleted and replaced with Invesco Aim Distributors, Inc.; and
Schedule A of the Agreement is hereby deleted in its entirety and replaced with the following:
SCHEDULE A
FUNDS AVAILABLE UNDER THE CONTRACTS
Series I and II shares
| AIM V.I. Basic Balanced Fund |
AIM V.I. High Yield Fund | |
| AIM V.I. Basic Value Fund |
AIM V.I. International Growth Fund | |
| AIM V.I. Capital Appreciation Fund |
AIM V.I. Large Cap Growth Fund | |
| AIM V.I. Capital Development Fund |
AIM V.I. Leisure Fund | |
| AIM V.I. Core Equity Fund |
AIM V.I. Mid Cap Core Equity Fund | |
| AIM V.I. Diversified Income Fund |
AIM V.I. Money Market Fund | |
| AIM V.I. Dynamics Fund |
AIM V.I. PowerShares ETF Allocation Fund | |
| AIM V.I. Financial Services Fund |
AIM V.I. Small Cap Equity Fund | |
| AIM V.I. Global Health Care Fund |
AIM V.I. Technology Fund | |
| AIM V.I. Global Real Estate Fund |
AIM V.I. Utilities Fund | |
| AIM V.I. Government Securities Fund |
||
SEPARATE ACCOUNTS UTILIZING THE FUNDS
Separate Account No. 65
Separate Account No. 49
CONTRACTS FUNDED BY THE SEPARATE ACCOUNTS
Retirement Strategies
Retirement Cornerstone Series
All other terms and provisions of the Agreement not amended herein shall remain in full force and effect.
Effective date:
,2009.
| Attest: Name: Xxxxx Xxxxxxxx Title: Assistant Secretary |
AIM VARIABLE INSURANCE FUNDS By: Name: Xxxx X. Xxxx Title: Senior Vice President | |
| Attest: Name: Xxxxx Xxxxxxxx Title: Assistant Secretary |
INVESCO AIM DISTRIBUTORS, INC. By: Name: Xxxx X. Xxxxxx Title: President | |
| Attest: Name: Title: |
AXA EQUITABLE LIFE INSURANCE COMPANY on behalf of itself and its separate accounts By: Name: Title: | |
| Attest: Name: Title: |
AXA ADVISORS, LLC By: Name: Title: | |
| Attest: Name: Title: |
AXA DISTRIBUTORS, LLC By: Name: Title: |
