AMENDMENT 1 TO FUND PARTICIPATION AND SERVICE AGREEMENT
Execution Version
AMENDMENT 1
TO
FUND PARTICIPATION AND SERVICE AGREEMENT
AXA Equitable Life Insurance Company (“AXA”), for itself and on behalf of one or more separate accounts of AXA (“AXA Separate Accounts”), MONY Life Insurance Company of America (“MLOA” and together with AXA, “Insurance Company”), for itself and on behalf of one or more separate accounts of MLOA (“MLOA Separate Accounts” and together with the AXA Separate Accounts, the “Separate Accounts”), American Funds Distributors, Inc. (“AFD”), American Funds Service Company (“Transfer Agent”), Capital Research and Management Company (“CRMC”), and the American Funds Insurance Series (the “Series”) agree to amend that certain Fund Participation and Service Agreement, dated January 2, 2013 (the “Agreement”), between AXA, AFD, Transfer Agent, CRMC and the Series, as of April 19, 2013. All capitalized terms used herein but not otherwise defined shall have the meaning ascribed such term in the Agreement.
WHEREAS, MLOA is an affiliate of AXA, with both MLOA and AXA being indirect wholly-owned subsidiaries of AXA Group;
WHEREAS, the parties to the Agreement wish to add MLOA as a party to the Agreement for the purpose of making Funds of the Series available to MLOA to serve as underlying investment options for certain Contracts offered by MLOA.
NOW, THEREFORE, in consideration of the foregoing and of mutual covenants and conditions set forth herein and for other good and valuable consideration, AXA, MLOA, AFD, Transfer Agent, CRMC and the Series hereby agree as follows:
1. MLOA shall be added as a party to the Agreement. The term “Insurance Company” shall apply to both AXA and MLOA, unless the context dictates otherwise.
2. The first sentence of Section l.a. is hereby deleted and replaced with the following:
“As distributor of the Series, AFD agrees to make shares of all Funds in the Series available to the Insurance Company for itself and on behalf of the Separate Accounts on the attached Exhibit B pursuant to the terms of this Agreement.”
3. Exhibit A is hereby deleted in its entirety.
4. Exhibit B is hereby deleted and replaced with the Exhibit B attached hereto.
5. Section 4.a.(iv) is hereby amended as follows:
(iv)(a) AXA will or has established the AXA Separate Accounts as separate accounts under New York Insurance law;
(b) MLOA will or has established the MLOA Separate Accounts as separate accounts under Arizona Insurance law;
6. Section 9.c. is hereby amended as follows:
9.c. | Contingencies. All orders are subject to acceptance by Transfer Agent and become effective only upon confirmation by Transfer Agent. Upon confirmation, the Transfer Agent will verify total purchases and redemptions and the closing share position for each fund/account. In the case of delayed settlement, Transfer Agent and Insurance Company shall make arrangements for the settlement of redemptions by wire no later than the time permitted for settlement of redemption orders by the Investment Company Act of 1940. |
Such wires for AXA should be sent to:
AXA Equitable Life | ||||||
ACCOUNT NAME: | Insurance Company | |||||
BANK: | JPMorgan I Chase | |||||
ABA #: | 000000000 | |||||
DDA #: | 372414334 | |||||
Account Type: | Checking | |||||
(for example: | ||||||
AmercanFunds Q1 2013 | ||||||
Reference Text: | 12b-1 payment) |
Such wires for MLOA should be sent to:
MLOA (MONY Life | ||||||
ACCOUNT NAME: | Insurance Company of America) | |||||
BANK: | JPMorgan I Chase | |||||
ABA #: | 000000000 | |||||
DDA #: | 323-161243 | |||||
Account Type: | Checking | |||||
(for example: | ||||||
AmercanFunds Q1 2013 | ||||||
Reference Text: | 12b-1 payment) |
2
Such wires for Transfer Agent should be sent to:
Xxxxx Fargo Bank
000 Xxxxxxxx Xxxx. 00xx Xxxxx
Xxx Xxxxxxx, XX 00000
ABA#: 000000000
AFS Account#: 4100-060532
For Credit to AFS acct. no. (account number and fund)
FBO AXA Equitable Life Insurance Company or
MLOA Life Insurance Company of America
7. Section 18 is hereby amended by adding the following notification information:
If to AXA:
AXA Equitable Life Insurance Company
0000 Xxxxxx xx xxx Xxxxxxxx, 00xx Xxxxx
Xxx Xxxx, XX 00000
Attention: Xxxxxxx Xxxxxxxxx, Senior Vice President
Facsimile No.: (000) 000-0000
If to MLOA:
MONY Life Insurance Company of America
1290 Avenue of the Americas - 12th Floor
New York, NY 10104
Attention: Funds Management Group
8. Except as expressly amended hereby, all of the representations and conditions of the Agreement will remain unamended and will continue to be in full force and effect.
[Signature Page Follows]
3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written.
AXA Equitable Life Insurance Company | ||
for itself and on behalf of the Separate Accounts | ||
By: |
![]() | |
Name: | Xxxxxxx Xxxxxxxxx | |
Title: | Managing Director |
MONY Life Insurance Company of America | ||
for itself and on behalf of the Separate Accounts | ||
By: |
![]() | |
Name: | Xxxxxxx Xxxxxxxxx | |
Title: | Senior Vice President |
AMERICAN FUNDS DISTRIBUTORS, INC. | ||
By: |
![]() | |
Name: | Xxxxxxx X. XxXxxx | |
Title: | Secretary |
AMERICAN FUNDS INSURANCE SERIES | ||
By: |
![]() | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary |
4
AMERICAN FUNDS SERVICE COMPANY | ||
By: |
![]() | |
Name: | Xxxxxx X. Xxxxxxxx | |
Title: | Secretary | |
CAPITAL RESEARCH AND MANAGEMENT COMPANY | ||
By: |
![]() | |
Name: | Xxxxxxx X. Xxxxxx | |
Title: | Senior Vice President and Secretary |
5
EXHIBIT B
Insurance Company Accounts
AXA Separate Accounts and Associated Contracts
Name of Separate Account |
Policy Form Numbers of Contracts | |
AXA Equitable Separate Account A | All Contracts | |
AXA Equitable Separate Account FP | All Contracts | |
AXA Equitable Separate Account I | All Contracts | |
AXA Equitable Separate Account 45 | All Contracts | |
AXA Equitable Separate Account 49 | All Contracts | |
AXA Equitable Separate Account 65 | All Contracts | |
AXA Equitable Separate Account 66 | All Contracts | |
AXA Equitable Separate Account 70 | All Contracts | |
AXA Equitable Separate Account 206 | All Contracts | |
AXA Equitable Separate Account 301 | All Contracts |
MONY Separate Accounts and Associated Contracts
Name of Separate Account |
Policy Form Numbers of Contracts | |
MONY Life Insurance Company of America Separate Account L |
All Contracts |