AMENDMENT NO. 3 TO THE FUND PARTICIPATION AGREEMENT AMONG MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, DELAWARE MANAGEMENT COMPANY, AND DELAWARE DISTRIBUTORS, L.P.
Item 30. Exhibit (h) i. e. 1. iv.
AMENDMENT NO. 3 TO THE FUND PARTICIPATION AGREEMENT
AMONG MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY,
C.M. LIFE INSURANCE COMPANY, DELAWARE VIP TRUST,
DELAWARE MANAGEMENT COMPANY, AND DELAWARE
DISTRIBUTORS, L.P.
THIS AMENDMENT, made and entered into as of the 25th day of July 2023, amends the Fund Participation Agreement entered into as of the 10th day of October, 2016, as amended (the “Agreement”) by and among MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a life insurance company organized under the laws of the Commonwealth of Massachusetts (“MassMutual”), C.M. LIFE INSURANCE COMPANY, a life insurance company organized under the laws of the State of Connecticut (“C.M. Life,” and together with MassMutual, the “Company”), DELAWARE VIP TRUST, an open-end management investment company organized as a statutory trust under the laws of the State of Delaware (the “Fund”); DELAWARE MANAGEMENT COMPANY, (the “Adviser”), a series of Macquarie Investment Management Business Trust (formerly Delaware Management Business Trust), a statutory trust organized under the laws of the State of Delaware and investment adviser to the Fund; and DELAWARE DISTRIBUTORS, L.P. (the “Underwriter”), a limited partnership organized under the laws of the State of Delaware and principal underwriter/distributor of the Fund.
WHEREAS, the parties desire to amend the Agreement;
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. | Section 11.1 of the Agreement is hereby amended to update the addresses for Notices to Delaware VIP Trust, Delaware Management Company, and Delaware Distributors as follows: |
To the Fund: | With a copy to: | |
Delaware VIP Trust | General Counsel | |
100 Independence | ||
000 Xxxxxx Xxxxxx | ||
Philadelphia, PA 19106 | ||
To the Advisor: | With a copy to: | |
Delaware Management Company, a series | General Counsel | |
of Macquarie Investment Management Business Trust | ||
100 Independence | ||
000 Xxxxxx Xxxxxx | ||
Philadelphia, PA 19106 | ||
To the Underwriter: | With a copy to: | |
Delaware Distributors, L.P. | General Counsel | |
100 Independence | ||
000 Xxxxxx Xxxxxx | ||
Philadelphia, PA 19106 | ||
Attention: Intermediary Contracts Manager | ||
Xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxx.xxx |
2. Schedule A to the Agreement is hereby deleted in its entirety and replaced with the attached Schedule A.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on this 25th day of July, 2023.
Massachusetts Mutual Life Insurance Company | Delaware VIP Trust | |||
By: | /s/ Xxxxxxx X. Xxxx | By: | /s/ Xxxxxx Xxxxxxx | |
Name: | Xxxxxxx X. Xxxx | Name: | Xxxxxx Xxxxxxx | |
Title: | Head of Institutional Insurance | Title: | CFO & Treasurer | |
C.M. Life Insurance Company | Delaware Management Company, a series of | |||
Macquarie Investment Management Business Trust | ||||
By: | /s/ Xxxxxxx X. Xxxx | By: | /s/ Xxxxx Xxxxxxxx | |
Name: | Xxxxxxx X. Xxxx | Name: | Xxxxx Xxxxxxxx | |
Title: | Vice President | Title: | Managing Director | |
Delaware Distributors, L.P. | ||||
By: | /s/ Xxxxxxxxxxx Xxxxxxx | |||
Name: | Xxxxxxxxxxx Xxxxxxx | |||
Title: | Division Director | |||
SCHEDULE A
Separate Accounts of Massachusetts Mutual Life Insurance Company participating in Portfolios of the Fund:
• | Massachusetts Mutual Variable Life Separate Account I |
• | Massachusetts Mutual Variable Life Separate Account IX |
• | Massachusetts Mutual Variable Life Separate Account X |
• | Massachusetts Mutual Variable Life Separate Account VII |
Separate Accounts of C.M. Life Insurance Company participating in Portfolios of the Fund:
• | C.M. Life Variable Life Separate Account I |