0001193125-13-169291 Sample Contracts

AMENDMENT OF AGREEMENTS
Amendment of Agreements • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D

This amendment (the Amendment) to the agreements (individually, the “Agreement, collectively, the “Agreements) identified in Attachment A, attached hereto, is effective as of March 1, 2012.

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AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT
Principal Underwriting Agreement • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D • New York

THIS AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT (the “Agreement”) made and effective as of the 1st day of January, 2013 (the “Effective Date”), by and between TRANSAMERICA CAPITAL, INC. (“TCI”), a California corporation, and TRANSAMERICA ADVISORS LIFE INSURANCE COMPANY OF NEW YORK (“TALICNY”), a New York corporation.

AMENDMENT OF AGREEMENTS
Amendment of Agreements • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D

This amendment (the Amendment) to the agreements (individually, the “Agreement, collectively, the “Agreements) identified in Attachment A, attached hereto, is effective as of March 1, 2012.

AMENDMENT OF AGREEMENTS
Amendment of Agreements • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D

This amendment (the Amendment) to the agreements (individually, the “Agreement, collectively, the “Agreements) identified in Attachment A, attached hereto, is effective as of March 1, 2012.

CONTRACT CONFIRMATION AGREEMENT
Contract Confirmation Agreement • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D • New York

THIS CONTRACT CONFIRMATION AGREEMENT (“Contract Confirmation Agreement”) is between Federated Securities Corp., a Pennsylvania corporation (“FSC”), Federated Equity Funds, a Massachusetts business trust and Transamerica Advisors Life Insurance Company of New York (“Company”).

AMENDMENT OF AGREEMENTS
Confidentiality Agreement • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D

This amendment (the Amendment) to the agreements (individually, the “Agreement, collectively, the “Agreements) identified in Attachment A, attached hereto, is effective as of March 1, 2012.

AMENDMENT OF AGREEMENTS
Amendment of Agreements • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D

This amendment (the Amendment) to the agreements (individually, the “Agreement, collectively, the “Agreements) identified in Attachment A, attached hereto, is effective as of March 1, 2012.

SECOND ADDENDUM TO FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D

THIS SECOND ADDENDUM TO FUND PARTICIPATION AGREEMENT (“Second Addendum”) is by and between TRANSAMERICA ADVISORS LIFE INSURANCE COMPANY OF NEW YORK (“Insurer”) and FEDERATED SECURITIES CORP. (“FSC”).

Amendment No. 3 to Participation Agreement (TST)
Participation Agreement • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D

The Participation Agreement, dated September 1, 2008 (“Agreement”) between Transamerica Capital, Inc. (the “Underwiter”), and Transamerica Advisors Life Insurance Company of New York (f/k/a ML Life Insurance Company of New York), (the “Company”), is hereby amended as of May 1, 2012 as follows:

RETAIL) AMENDMENT NO. 2 TO DISTRIBUTION AND SHAREHOLDER SERVICES AGREEMENT
Distribution and Shareholder Services Agreement • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D

The Distribution and Shareholder Services Agreement dated August 1, 2008 by and between Transamerica Advisors Life Insurance Company of New York (f/k/a ML Life Insurance Company of New York), (the “Company”) and Transamerica Capital, Inc. (“TCI”), is hereby amended as follows:

AMENDMENT OF AGREEMENTS
Confidentiality Agreement • April 24th, 2013 • Ml of New York Variable Annuity Separate Account D

This amendment (the Amendment) to the agreements (individually, the “Agreement, collectively, the “Agreements) identified in Attachment A, attached hereto, is effective as of March 1, 2012.

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