Common Contracts

2 similar Retail Fund Participation Agreement contracts by Merrill Lynch Life Variable Annuity Separate Account D, Ml of New York Variable Annuity Separate Account D

AMENDMENT NO. 3 TO RETAIL FUND PARTICIPATION AGREEMENT
Retail Fund Participation Agreement • April 23rd, 2010 • Merrill Lynch Life Variable Annuity Separate Account D

THIS AMENDMENT No. 3 to the Retail Fund Participation Agreement (the “Agreement”) dated March, 2005, as amended, by and among Merrill Lynch Life Insurance Company, (hereinafter the “Company”), on its own behalf and on behalf of each separate account of the Company set forth in Schedule A of the Agreement, as may be amended from time to time (each such account hereinafter referred to as a “Separate Account”) and Pioneer Funds Distributor, Inc. (“PFD”), (hereinafter the “Underwriter”) is effective as of October 30, 2009.

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AMENDMENT NO. 3 TO RETAIL FUND PARTICIPATION AGREEMENT
Retail Fund Participation Agreement • April 23rd, 2010 • Ml of New York Variable Annuity Separate Account D

THIS AMENDMENT No. 3 to the Retail Fund Participation Agreement (the “Agreement”) dated March 1, 2005, as amended, by and among ML Life Insurance Company of New York, (hereinafter the “Company”), on its own behalf and on behalf of each separate account of the Company set forth in Schedule A of the Agreement, as may be amended from time to time (each such account hereinafter referred to as a “Separate Account”) and Pioneer Funds Distributor, Inc. (“PFD”), (hereinafter the “Underwriter”) is effective as of October 30, 2009.

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