EXHIBIT (h)(19)(c)
AMENDMENT NUMBER 5 TO
AMENDED AND RESTATED PARTICIPATION AGREEMENT
AMONG XXX XXXXXX LIFE INVESTMENT TRUST,
XXX XXXXXX FUNDS INC.,
XXX XXXXXX ASSET MANAGEMENT,
THE UNITED STATES LIFE INSURANCE COMPANY IN THE
CITY OF NEW YORK, AND
AMERICAN GENERAL EQUITY SERVICES CORPORATION
THIS AMENDMENT NUMBER 5 ("Amendment No. 5"), made and entered into as of
the 1st day of July, 2008 to the Amended and Restated Participation Agreement
dated March 3, 1999, by and among THE UNITED STATES LIFE INSURANCE COMPANY IN
THE CITY OF NEW YORK (hereinafter the "Company"), a New York corporation, on its
own behalf and on behalf of each separate account of the Company set forth on
Schedule A hereto as may be amended from time to time (each such account
hereinafter referred to as the "Account"), AMERICAN GENERAL EQUITY SERVICES
CORPORATION ("AGESC"), XXX XXXXXX LIFE INVESTMENT TRUST (hereinafter the
"Fund"), a Delaware business trust, XXX XXXXXX FUNDS INC. (hereinafter the
"Underwriter"), a Delaware corporation, and XXX XXXXXX ASSET MANAGEMENT
(hereinafter the "Adviser"), a Delaware corporation.
WHEREAS, each of the parties hereto desires to amend and restate Schedule
One to the Agreement; and
WHEREAS, each of the parties hereto desires to amend and restate Schedule
Two to the Agreement.
NOW, THEREFORE, in consideration of their mutual promises, the Parties
agree as follows:
1. Schedule One is hereby amended and restated, and replaced in its
entirety by Schedule One attached hereto.
2. Schedule Two is hereby amended and restated, and replaced in its
entirety by Schedule Two attached hereto.
3. All capitalized terms used in this Amendment No. 5 shall have the
meaning assigned in the Agreement. Except as set forth in this
Amendment No. 5, no other modifications or changes are made to the
Agreement.
4. This Amendment No. 5 may be executed in one or more counterparts, each
of which shall be deemed an original and all of which together will be
deemed one and the same document.
IN WITNESS WHEREOF, the parties hereto execute this Amendment No. 5 as of
the date first written above.
THE UNITED STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK
on behalf of itself and each of its Accounts
named in Schedule One to the Agreement,
as amended from time to time
By:
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Name:
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Title:
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Attest:
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Name:
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Title:
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(Corporate Seal)
AMERICAN GENERAL EQUITY SERVICES CORPORATION
By:
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Name:
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Title:
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Attest:
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Name:
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Title:
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(Corporate Seal)
XXX XXXXXX LIFE INVESTMENT TRUST
By:
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Name:
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Title:
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XXX XXXXXX FUNDS INC.
By:
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Name:
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Title:
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XXX XXXXXX ASSET MANAGEMENT
By:
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Name:
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Title:
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SCHEDULE ONE
INVESTMENT COMPANY NAME: FUND NAME(S):
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Xxx Xxxxxx Life Investment Trust Xxxxxxxx Portfolio - Class I Shares
Enterprise Portfolio - Class I Shares
Government Portfolio - Class I Shares
Growth and Income Portfolio - Class I
Money Market Portfolio - Class I Shares
Strategic Growth Portfolio - Class I Shares
SCHEDULE TWO
SEPARATE ACCOUNTS AND CONTRACTS
Name of Separate Account and Date Form Numbers and Names of Contracts
Established by board of Directors Funded by Separate Account
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The United States Life Insurance Contract Form No.:
Company in the City of New York 98033N and 98034N
Separate Account USL VA-R Name of Contract:
Established: August 8, 1997 Generations VA
Contract Form No.:
03017N
Name of Contract:
Platinum Investor Immediate VA
The United States Life Insurance Contract Form No.:
Company in the City of New York 97600N
Separate Account USL VL-R Name of Contract:
Established: August 8, 1997 Platinum Investor VUL
Contract Form No.:
99206N
Name of Contract:
Platinum Investor Survivor VUL
Contract Form No.:
02600N
Name of Contract:
Platinum Investor PLUS VUL
Contract Form No.:
01206N
Name of Contract:
Platinum Investor Survivor II VUL
(Effective July 1, 2004)
Contract Form No.:
05604N and 05604NU
Name of Contract:
Platinum Investor VIP VUL
(Effective January 2, 2007)
Contract Form Nos.:
07921N and 07921NU
Name of Contract:
AIG Protection Advantage VUL
(Effective July 1, 2008)
