AMENDMENT TO PARTICIPATION AGREEMENT AMENDMENT NO. 3
AMENDMENT TO PARTICIPATION AGREEMENT
AMENDMENT NO. 3
THIS AGREEMENT made and entered into this 17th day of February, 1998, by and between XXXXXXX XXXXX VARIABLE INSURANCE TRUST, an unincorporated business trust formed under the laws of Delaware (the "Trust"), XXXXXXX, SACHS & CO., a New York limited partnership (the "Distributor"), and SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.), a life insurance company organized as a corporation under the laws of the State of Delaware, (the "Company"), on its own behalf and on behalf of each separate account of the Company identified herein.
WHEREAS, the Trust, the Distributor and the Company entered into a Participation Agreement dated February 17, 1998; and
WHEREAS, the Trust, the Distributor and the Company desire to add an additional insurance company, an additional separate account to schedule 1 and additional Contracts to Schedule 2.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants and agreements hereinafter contained, the parties hereby agree to amend the Participation Agreement and Schedules, pursuant to the terms of the Participation Agreement, as follows:
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1. |
INTRODUCTION PARAGRAPH PAGE 1 is hereby deleted in its entirety and replaced with the following: |
THIS AGREEMENT made the 17th day of February, 1998, and amended on December 14, 1998, March 15, 1999 and April 17, 2000, by and between XXXXXXX XXXXX VARIABLE INSURANCE TRUST, an unincorporated business trust formed under the laws of Delaware (the "Trust"), XXXXXXX, SACHS & CO., a New York limited partnership (the "Distributor"), SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.), a life insurance company organized as a corporation under the laws of the State of Delaware, SUN LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK, a life insurance company organized as a corporation under the laws of the State of New York, each of which is hereinafter referred to as (the "Company"), on its own behalf and on behalf of each separate account of the Company identified in the Participation Agreement. Capitalized terms used in this Amendment without definition shall have the respective meanings given to such terms in the Participation Agreement referred to below.
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2. |
Schedule 1 of the Participation Agreement is hereby deleted in its entirety and replaced with the following: |
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Name of Account and Subaccounts |
Date Established by Board of Directors of the Company |
SEC 1940 Act Registration Number |
Type of Product Supported by Account |
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Sun Life (NY) Variable Account C |
October 18, 1985 |
811-04440 |
Combination Fixed/Variable Annuity Contract |
|
Sun Life of Canada U.S. Variable Account F |
July 13, 0000 |
000-0000 |
Combination Fixed/Variable Annuity Contract |
|
Sun Life of Canada U.S. Variable Account I |
December 1, 1998 |
811- 09137 |
Combination Fixed/Variable Life Insurance |
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3. |
Schedule 2 of the Participation Agreement is hereby deleted in its entirety and replaced with the following: |
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Name of Account and Subaccounts |
Policy Marketing Name |
SEC 1933 Act Registration Number |
Contract Form Numbers |
Annuity or Life |
|
Sun Life (NY) Variable Account C |
FUTURITY - NY |
333-05037 |
NY-MVA-94 |
Annuity |
|
Sun Life of Canada U.S. Variable Account F |
FUTURITY VARIABLE AND FIXED ANNUITY CONTRACT |
333-3907 |
FUT-MVA-CONT-1 |
Annuity |
|
Sun Life of Canada U.S. Variable Account F |
FUTURITY II VARIABLE AND FIXED ANNUITY CONTRACT |
333-41628 |
RP-GR-CONT-98-1 RP-IND-MVA-98-1 |
Annuity |
|
Sun Life of Canada U.S. Variable Account F |
FUTURITY III VARIABLE AND FIXED ANNUITY CONTRACT |
333-30844 |
RCH-IND-MVA-00-1 XXX-XX-XXXX-00-0 XXX-XXXXXXXX-00-0 XXX-XXXXXX-XX-00-0 |
Annuity
|
|
Sun Life of Canada U.S. Variable Account F |
FUTURITY FOCUS VARIABLE AND FIXED ANNUITY CONTRACT |
333-0527 |
RC-MVA-CONT-96 RC-MVA-CERT-96 |
Annuity |
|
Sun Life of Canada U.S. Variable Account F |
FUTURITY FOCUS II VARIABLE AND FIXED ANNUITY CONTRACT |
333-31248 |
XXX-XXX-XXX-00-0 XXX-XX-XXXX-00-0 XXX-XXX-XXXXX-00-0 XXX-XX-XXXXXX-00-0 |
Annuity |
|
Sun Life of Canada U.S. Variable Account F |
FUTURITY ACCOLADE VARIABLE AND FIXED ANNUITY CONTRACT |
333-82957 |
XX-XXX-XXX-00-0 XX-XX-XXXX-00-0 XX-XXX-XXXXX-00-0 XX-XX-XXXXXX-00-0 |
Annuity |
|
Sun Life of Canada U.S. Variable Account I |
FUTURITY VARIABLE UNIVERSAL LIFE INSURANCE POLICIES |
333-68601 |
FPVUL-1999 |
Life |
|
Sun Life of Canada U.S. Variable Account I |
FUTURITY SURVIVORSHIP VARIABLE UNIVERSAL LIFE INSURANCE POLICIES |
333-94359 |
SVUL - 2000 |
Life |
IN WITNESS WHEREOF, the Trust, the Distributor and the Company hereby amend this Agreement thereto. This Amendment shall take effect on April 17, 2000.
XXXXXXX XXXXX VARIABLE INSURANCE TRUST
(Trust)
By: _________________________________________
Name: _______________________________________
Title: ________________________________________
XXXXXXX, SACHS & CO.
(Distributor)
By: _________________________________________
Name: _______________________________________
Title: ________________________________________
SUN LIFE ASSURANCE COMPANY OF CANADA (U.S.)
(Company)
By: _________________________________________
Name: Xxxxx M. A. Xxxxxxxx
Title: Vice President of Investments
By: _________________________________________
Name: Xxxxxx X. Xxxxx
Title: Vice President, Retirement Products & Services Div.
SUN LIFE INSURANCE AND ANNUITY COMPANY
OF NEW YORK (Company)
By: _________________________________________
Name: Xxxxx M. A. Xxxxxxxx
Title: Vice President of Investments
By: _________________________________________
Name: Xxxxxx X. Xxxx
Title: Assistant Vice President & Senior Counsel .
