PARTICIPATION AGREEMENT Among SYMETRA LIFE INSURANCE COMPANY VIRTUS VARIABLE INSURANCE TRUST and VP DISTRIBUTORS, LLCParticipation Agreement • April 30th, 2013 • First Symetra National Life Insurance Co of Ny Sep Acct S • Delaware
Contract Type FiledApril 30th, 2013 Company JurisdictionTHIS AGREEMENT, effective as of the [ ] day of [ ] 2013, by and among First Symetra National Life Insurance Company of New York (the “Company”), a New York life insurance company, on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A hereto as may be amended from time to time (each account hereinafter referred to as the “Account”), VIRTUS VARIABLE INSURANCE TRUST (the “Fund”), a Delaware statutory trust, and VP DISTRIBUTORS, LLC (the “Distributor”), a Delaware limited liability company.
PARTICIPATION AGREEMENTParticipation Agreement • April 30th, 2013 • First Symetra National Life Insurance Co of Ny Sep Acct S • New York
Contract Type FiledApril 30th, 2013 Company JurisdictionTHIS PARTICIPATION AGREEMENT is made and entered into this day of April, 2013, by and among The Merger Fund VL, a Delaware statutory trust (the “Fund”), Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”), for purposes of Sections 2.10, 4.2, 4.3, 8.1, 8.8, 8.9 and 11.1 only, First Symetra National Life Insurance Company of New York, a New York Company (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”).
AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • April 30th, 2013 • First Symetra National Life Insurance Co of Ny Sep Acct S
Contract Type FiledApril 30th, 2013 CompanyEffective May 1, 2013, The Participation Agreement (the “Agreement”), dated October 18, 2012 by and among First Symetra National Life Insurance Company of New York (“Company”), T. Rowe Price Equity Series, Inc., T. Rowe Price International Series, Inc. and T. Rowe Price Investment Services, Inc. (collectively, the “Parties”) is hereby amended as follows:
AMENDMENT TO COLUMBIA FUNDS VARIABLE SERIES TRUST II FUND PARTICIPATION AGREEMENTFund Participation Agreement • April 30th, 2013 • First Symetra National Life Insurance Co of Ny Sep Acct S
Contract Type FiledApril 30th, 2013 CompanyThis Amendment (the “Amendment”) dated as of April 26, 2013 to the Fund Participation Agreement, dated November 15, 2012, by and among First Symetra National Life Insurance Company of New York (“First Symetra”), Columbia Management Investment Advisers, LLC (“Columbia”), Columbia Management Investment Distributors, Inc. (“CMID”) and Columbia Funds Variable Series Trust II (“CFVSTII”) (the “CFVSTII Agreement”).
Amendment to Fund Participation AgreementFund Participation Agreement • April 30th, 2013 • First Symetra National Life Insurance Co of Ny Sep Acct S
Contract Type FiledApril 30th, 2013 CompanyThis Amendment to Fund Participation Agreement (the “Amendment”) is dated April 30, 2013, and is entered into by and among , a [state] insurance company (the “Company”), Financial Investors Variable Insurance Trust, a Delaware Statutory Trust (the “Trust” or the “Fund,” and each series of the Trust listed on Exhibit B, as applicable, a “Portfolio” and collectively, the “Portfolios”), ALPS Advisors, Inc. a Colorado corporation, (“AAI”), ALPS Distributors, Inc., a Colorado corporation (“ADI”) and ALPS Portfolio Solutions Distributor, Inc., a Colorado corporation.
AMENDMENT #1 TO AMENDED AND RESTATED PARTICIPATION AGREEMENTParticipation Agreement • April 30th, 2013 • First Symetra National Life Insurance Co of Ny Sep Acct S
Contract Type FiledApril 30th, 2013 CompanyTHIS AMENDMENT, dated as of the day of March, 2013, is by and among FIRST SYMETRA NATIONAL LIFE INSURANCE COMPANY OF NEW YORK (the “Company”), a New York life insurance company, DWS VARIABLE SERIES I, DWS VARIABLE SERIES II and DWS INVESTMENTS VIT FUNDS (individually, a “Fund”), each a Massachusetts business trust created under a Declaration of Trust, as amended, DWS INVESTMENTS DISTRIBUTORS, INC. (formerly DWS Scudder Distributors, Inc.) (the “Underwriter”), a Delaware corporation, and DEUTSCHE INVESTMENT MANAGEMENT AMERICAS INC., a Delaware corporation (the “Adviser”).