SECOND AMENDED AND RESTATED FUND PARTICIPATION AGREEMENTFund Participation Agreement • April 29th, 2010 • American Fidelity Separate Account B • New York
THIS AGREEMENT is executed as of April 26, 2010, and effective as of May 1, 2010, by and among BLACKROCK VARIABLE SERIES FUNDS, INC. an open-end management investment company organized as a Maryland corporation (the “Fund”), BLACKROCK INVESTMENTS, LLC “BRIL”), a broker-dealer registered as such under the Securities Exchange Act of 1934, as amended (the “Underwriter”), and AMERICAN FIDELITY ASSURANCE COMPANY, a life insurance company organized under the laws of the state of Oklahoma (“Company” or “Intermediary”), on its own behalf and on behalf of each separate account of the Company set forth on Schedule A, as may be amended from time to time (the “Accounts”). This Agreement amends and restates in its entirety the Amended and Restated Fund Participation Agreement dated May 1, 1999 between Merrill Lynch Variable Series Funds, Inc. and the Company, as amended June 17, 2002, November 3, 2003 and May 1, 2007.
