0000950123-10-037590 Sample Contracts

AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
Participation Agreement • April 23rd, 2010 • Ml of New York Variable Annuity Separate Account A

THIS AMENDMENT No. 1 to the Participation Agreement (the “Agreement”) between Janus Aspen Series (the “Trust”), ML Life Insurance Company of New York (the “Company”) and Janus Distributors LLC (the “Distributor”) is effective as of October 30, 2009. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

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AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT AMONG TRANSAMERICA SERIES TRUST, TRANSAMERICA CAPITAL, INC., AND ML LIFE INSURANCE COMPANY OF NEW YORK
Participation Agreement • April 23rd, 2010 • Ml of New York Variable Annuity Separate Account A

The Participation Agreement, dated September 1, 2008 (“Agreement”) among Transamerica Series Trust (the “Trust”), Transamerica Capital, Inc. (the “Distributor”), and ML Life Insurance Company of New York (the “Insurance Company”) is hereby amended as of May 1, 2010:

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