PARTICIPATION AGREEMENT Among VAN KAMPEN LIFE INVESTMENT TRUST, VAN KAMPEN FUNDS INC., VAN KAMPEN ASSET MANAGEMENT INC., and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. DATED AS OF May 1, 2002Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Illinois
THIS AGREEMENT, made and entered into as of the 1st day of May, 2002 by and among The Guardian Insurance & Annuity Company, Inc. (hereinafter the “Company”), a Delaware 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”), and VAN KAMPEN LIFE INVESTMENT TRUST (hereinafter the “Fund”), a Delaware business trust, VAN KAMPEN FUNDS INC. (hereinafter the “Underwriter”), a Delaware corporation, and VAN KAMPEN ASSET MANAGEMENT INC. (hereinafter the “Adviser”), a Delaware corporation.
Participation Agreement as of May 1, 2002 Franklin Templeton Variable Insurance Products Trust Franklin Templeton Distributors, Inc. The Guardian Insurance & Annuity Company, Inc. Guardian Investor Services LLC CONTENTSParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • California
AMENDED AND RESTATED PARTICIPATION AGREEMENT AMONG MFS VARIABLE INSURANCE TRUST, THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. AND MASSACHUSETTS FINANCIAL SERVICES COMPANYParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Massachusetts
THIS AMENDED AND RESTATED PARTICIPATION AGREEMENT, made and entered into this 1st day of May 2000, by and among MFS VARIABLE INSURANCE TRUST, a Massachusetts business trust (the “Trust”), THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a Delaware corporation (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth in Schedule A hereto, as may be amended from time to time (the “Accounts”), and MASSACHUSETTS FINANCIAL SERVICES COMPANY, a Delaware corporation (“MFS”).
PARTICIPATION AGREEMENT AMONG THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., GUARDIAN INVESTOR SERVICES LLC, ALLIANCE CAPITAL MANAGEMENT L.P. AND ALLIANCE FUND DISTRIBUTORS, INC. DATED AS OF May 1, 2002Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York
THIS AGREEMENT, made and entered into as of the 1st day of May, 2002 (“Agreement”), by and among The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company (“Insurer”) (on behalf of itself and its “Separate Account,” defined below); Guardian Investor Services LLC, a Delaware limited liability corporation (“Contracts Distributor”), the principal underwriter with respect to the Contracts referred to below; Alliance Capital Management L.P., a Delaware limited partnership (“Adviser”), the investment adviser of the Fund referred to below; and Alliance Fund Distributors, Inc., a Delaware corporation (“Distributor”), the Fund’s principal underwriter (collectively, the “Parties”),
PARTICIPATION AGREEMENT Among DAVIS VARIABLE ACCOUNT FUND, INC. DAVIS DISTRIBUTORS, LLC. and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Maryland
THIS AGREEMENT, made and entered into this 29th day of June, 1999, by and among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (hereinafter the “Insurance Company”), a Delaware corporation, on its own behalf and on behalf of each segregated asset account of the Insurance Company set forth on Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”), DAVIS VARIABLE ACCOUNT FUND, INC., a Maryland Corporation (the “Company”) and Davis Distributors, LLC., a Colorado Limited Liability Company (“Davis Distributors”).
Exhibit (h)(ix) PARTICIPATION AGREEMENT AMONG RS VARIABLE PRODUCTS TRUST, RS INVESTMENT MANAGEMENT CO. LLC, GUARDIAN INVESTOR SERVICES LLC, AND THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York
THIS PARTICIPATION AGREEMENT is made and entered into this 31st day of July, 2007, by and among RS VARIABLE PRODUCTS TRUST, a Massachusetts business trust (the “Trust”), RS INVESTMENT MANAGEMENT CO. LLC, a Delaware limited liability company (the “Adviser”), for purposes of Sections 2.5 and 5.1 only, GUARDIAN INVESTOR SERVICES LLC, a Delaware limited liability company (“GIS”), and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., a Delaware corporation (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth in Schedule A hereto, as may be amended from time to time (the “Accounts”).
PARTICIPATION AGREEMENT Among VALUE LINE CENTURION FUND, INC. VALUE LINE STRATEGIC ASSET MANAGEMENT TRUST VALUE LINE SECURITIES, INC. VALUE LINE, INC. and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York
THIS AGREEMENT, made and entered into as of the day of , 2003 by and among The Guardian Insurance & Annuity Company, Inc. (hereinafter the “Company”), a Delaware 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”), and Value Line Centurion Fund, Inc., a Maryland corporation, Value Line Strategic Asset Management Trust, a Massachusetts business trust, (hereinafter the “Fund” or “Funds”), Value Line Securities, Inc. a New York corporation (hereinafter the “Underwriter”), and Value Line, Inc., a New York corporation (hereinafter the “Adviser”).
SHAREHOLDER SERVICES AGREEMENTShareholder Services Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
THIS SHAREHOLDER SERVICES AGREEMENT is made and entered into as of February 2, 1998 by and between THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (the “Company”), AMERICAN CENTURY INVESTMENT MANAGEMENT, INC. (“ACIM”), and AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. (the “Issuer”).
REINSURANCE AGREEMENT NUMBER 3002 Between The Guardian Insurance & Annuity Company, Inc. Wilmington, Delaware and The Guardian Life Insurance Company of America New York, New YorkReinsurance Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York
This is an agreement between The Guardian Insurance & Annuity Company, Inc., a corporation organized under the laws of the State of Delaware, hereafter referred to as the “ceding company” and The Guardian Life Insurance Company of America, a corporation organized under the laws of the State of New York, hereafter referred to as The Guardian.
PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Delaware
THIS AGREEMENT is hereby entered into this 1st day of May 1995 by and among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (“GIAC”), a Delaware life insurance company, for itself and on behalf of certain of its separate accounts set forth on Schedule A hereto, as such Schedule may be amended from time to time (the “Separate Accounts”); GUARDIAN INVESTOR SERVICES CORPORATION (“GISC”), a New York corporation; GABELLI CAPITAL SERIES FUNDS, INC. (“GCSF”), a Maryland corporation, for itself and on behalf of its series fund, GABELLI CAPITAL ASSET FUND (the “Fund”); GABELLI FUNDS, INC. (“GFI”), a New York corporation; and GABELLI & COMPANY, INC. (“G&C”) a New York corporation.
SECOND AMENDMENT TO PARTICIPATION AGREEMENT Among FRED ALGER & COMPANY, INCORPORATED, THE ALGER AMERICAN FUND And GUARDIAN INSURANCE & ANNUITY COMPANY, INC.Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
THIS AMENDMENT is made and entered into as of the day of , 2008 between Guardian Insurance & Annuity Company, Inc. (“Company”), and Fred Alger & Company, Inc. (“Underwriter”), a Delaware corporation, and The Alger American Fund, a Massachusetts business trust (the “Fund”).
AMENDMENT NO. 2 TO SHAREHOLDER SERVICES AGREEMENTShareholder Services Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
THIS AMENDMENT NO. 2 TO SHAREHOLDER SERVICES AGREEMENT (the “Amendment”) is made as of this day of , 2008, by and between THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (the “Company”), AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. (“ACVP”), AMERICAN CENTURY VARIABLE PORTFOLIOS II, INC. (“ACVPII”) and the investment advisor of the ACVP and ACVPII, AMERICAN CENTURY INVESTMENT MANAGEMENT, INC. (“ACIM”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
FIRST AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
THIS PARTICIPATION AGREEMENT AMENDMENT is made and entered into as of June 1, 2008 by and among The Guardian Insurance & Annuity Company, Inc., Guardian Investor Services LLC, AllianceBernstein L.P. (formerly, Alliance Capital Management L.P.) (“Adviser”) and AllianceBernstein Investments, Inc. (formerly, Alliance Fund Distributors, Inc.) (“Distributor”).
FIFTH ADDENDUM TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
FOURTH AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
The Guardian Insurance & Annuity Company, Inc., Variable Insurance Products Fund, and Fidelity Distributors Corporation hereby amend the Participation Agreement ("Agreement") dated December 1, 1997, by doing the following:
AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Illinois
This AMENDMENT TO PARTICIPATION AGREEMENT (the “Amendment”) is made and entered into as of this 1st day of May, 2008, by and among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (the “Company”), on its own behalf and on behalf of each separate account of the Company (each an “Account”) identified in the Participation Agreement (as defined below), VAN KAMPEN LIFE INVESTMENT TRUST (the “Fund”), VAN KAMPEN FUNDS INC. (the “Underwriter”), and VAN KAMPEN ASSET MANAGEMENT (the “Adviser”).
AMENDMENT NO. 1 TO SHAREHOLDER SERVICES AGREEMENTShareholder Services Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
THIS AMENDMENT NO. 1 TO SHAREHOLDER SERVICES AGREEMENT (“Amendment”) effective August 1, 2000 by and between THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (the “Company”), AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. (the “Issuer”) and the investment advisor of the Issuer, AMERICAN CENTURY INVESTMENT MANAGEMENT, INC. (“ACIM”).
Amendment to Participation Agreement Franklin Templeton Variable Insurance Products Trust Franklin/Templeton Distributors, Inc. The Guardian Insurance & Annuity Company, Inc. Guardian Investor Services LLCParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”), The Guardian Insurance & Annuity Company, Inc. (the “Company” or “you”), and Guardian Investor Services LLC, your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated May 1, 2002, as amended (the “Agreement”). The parties now desire to amend the Agreement by this amendment (the “Amendment”).
Amendment No. 1 to Participation Agreement As of May 3, 2004 Franklin Templeton Variable Insurance Products Trust Franklin/Templeton Distributors, Inc. The Guardian Insurance & Annuity Company, Inc. Guardian Investor Services LLCParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • California
Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”) and The Guardian Insurance & Annuity Company, Inc. (“you”) and Guardian Investor Services LLC, your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated May 1, 2002 (the “Agreement”). The parties now desire to amend the Agreement in this amendment (the “Amendment”).
FIRST AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
WHEREAS, The Guardian Insurance and Annuity Company, Inc., Guardian Investor Services LLC, and Value Line Securities, Inc. (collectively, “the parties”) have entered into the Participation Agreement (“Agreement”) dated as of April 4, 2003.
AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Illinois
This AMENDMENT TO PARTICIPATION AGREEMENT (the “Amendment”) is made and entered into as of this 7th day of February, 2005, by and among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. (the “Company”), on its own behalf and on behalf of each separate account of the Company (each an “Account”) identified in the Participation Agreement (as defined below), VAN KAMPEN LIFE INVESTMENT TRUST (the “Fund”), VAN KAMPEN FUNDS INC. (the “Underwriter”), and VAN KAMPEN ASSET MANAGEMENT (the “Adviser”).
PARTICIPATION AGREEMENT BY AND AMONG AIM VARIABLE INSURANCE FUNDS, INC., A I M DISTRIBUTORS, INC., THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC., ON BEHALF OF ITSELF AND ITS SEPARATE ACCOUNTS, AND GUARDIAN INVESTOR SERVICES CORPORATIONParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • Maryland
THIS AGREEMENT, made and entered into as of the 2nd day of February, 1998 (“Agreement”), by and among AIM Variable Insurance Funds, Inc., a Maryland corporation (“AVIF”); A I M Distributors, Inc., a Delaware corporation (“AIM”); The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company (“Guardian”), on behalf of itself and each of its segregated asset accounts listed in Schedule A hereto, as the parties hereto may amend from time to time (each, an “Account,” and collectively, the “Accounts”); and Guardian Investor Services Corporation, A New York corporation (“GISC”), an affiliate of Guardian and the principal underwriter of the Contracts (collectively, the “Parties”).
REINSURANCE AGREEMENT NUMBER 3001 Between The Guardian Insurance & Annuity Company, Inc. Wilmington, Delaware and The Guardian Life Insurance Company of America New York, New YorkReinsurance Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York
This is an agreement between The Guardian Insurance & Annuity Company, Inc., a corporation organized under the laws of the State of Delaware, hereafter referred to as the “ceding company” and The Guardian Life Insurance Company of America, a corporation organized under the laws of the State of New York, hereafter referred to as The Guardian.
AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
Pursuant to the Amended and Restated Participation Agreement, made and entered into as of the 1st day of May, 2000, by and among MFS Variable Insurance Trust, The Guardian Insurance & Annuity Company, Inc. and Massachusetts Financial Services Company, the parties do hereby agree that the following provisions amended to reflect the following:
THIRD ADDENDUM TO PARTICIPATION AGREEMENT Among DAVIS VARIABLE ACCOUNT FUND, INC., DAVIS DISTRIBUTORS, LLC AND THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.Participation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
AMENDMENT NO. 1 PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
The Participation Agreement (the “Agreement”), dated February 2, 1998, by and among AIM Variable Insurance Funds, a Maryland corporation, A I M Distributors, Inc., a Delaware corporation, The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company and Guardian Investor Services Corporation, a New York corporation, is hereby amended as follows:
AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
Pursuant to the Amended and Restated Participation Agreement, made and entered into as of the 1st day of May 2000, and as amended on August 1, 2000 and November 15, 2000, by and among MFS® Variable Insurance TrustSM, The Guardian Insurance & Annuity Company, Inc., and Massachusetts Financial Services Company (the “Participation Agreement”), the parties hereby agree to an amended Schedule A as attached hereto.
Amendment No. 3 to Participation Agreement Franklin Templeton Variable Insurance Products Trust Franklin/Templeton Distributors, Inc. The Guardian Insurance & Annuity Company, Inc. Guardian Investor Services LLCParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
Franklin Templeton Variable Insurance Products Trust (the “Trust”), Franklin/Templeton Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”), The Guardian Insurance & Annuity Company, Inc. (the “Company” or “you”), and Guardian Investor Services LLC, your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated May 1, 2002 and subsequently amended May 3, 2004 and June 5, 2007 (the “Agreement”). The parties now desire to amend the Agreement by this amendment (the “Amendment”).
AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
Pursuant to the Amended and Restated Participation Agreement, made and entered into as of the 1st day of May 2000, and as amended on August 1, 2000, November 15, 2000, and July 24, 2006 by and among MFS® Variable Insurance TrustSM, The Guardian Insurance & Annuity Company, Inc., and Massachusetts Financial Services Company (the “Participation Agreement”), the parties hereby agree to an amended Schedule A as attached hereto.
COLI.COM LICENSE, HOSTING AND MAINTENANCE AGREEMENTLicense Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co • New York
This Agreement is effective as of , 2008 (the “Effective Date”), by and between American Financial Systems, Inc., a Massachusetts corporation having its principal place of business at 275 Wyman Street, Suite 16, Waltham, MA 02451-1218 (“AFS”), and The Guardian Life Insurance Company of America, having its principal place of business at 7 Hanover Square, New York, New York 10004 (“Insurer”).
FOURTH ADDENDUM TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
AMENDMENT NO. 6 TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
Pursuant to the Participation Agreement, made and entered into as of the 1st day of December, 1997, by and amount Variable Insurance Products Fund II, Fidelity Distributors Corporation and The Guardian Insurance & Annuity Company, Inc. the parties hereby agree to an amended Schedule A as attached hereto.
AMENDMENT NO. 7 PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
The Participation Agreement (the “Agreement”), dated February 2, 1998, by and among AIM Variable Insurance Funds, a Delaware trust; A I M Distributors, Inc., a Delaware corporation, The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company and Guardian Investor Services LLC, a New York corporation, is hereby amended as follows:
AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
Pursuant to the Amended and Restated Participation Agreement, made and entered into as of the 1st day of May, 2000, by and among MFS Variable Insurance Trust, The Guardian Insurance & Annuity Company, Inc. and Massachusetts Financial Services Company, the parties do hereby agree that the following provisions amended to reflect the following:
AMENDMENT NO. 5 TO PARTICIPATION AGREEMENTParticipation Agreement • August 1st, 2008 • Guardian Separate Acct N of the Guardian Ins & Annuity Co
Pursuant to the Participation Agreement, made and entered into as of the 1st day of December, 1997, by and amount Variable Insurance Products Fund II, Fidelity Distributors Corporation and The Guardian Insurance & Annuity Company, Inc. the parties hereby agree to an amended Schedule A as attached hereto.
