0001193125-21-124934 Sample Contracts

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2021 • Equitable America Variable Account K

THIS AMENDMENT (“Amendment”) amends the Participation Agreement dated January 1, 1997 (together with any prior amendments thereto, the “Agreement”) which is hereby incorporated by reference, and is made as of the Amendment Effective Date of September 28, 2020 by and between EQUITABLE FINANCIAL LIFE INSURANCE COMPANY OF AMERICA (formerly known as MONY Life Insurance Company of America) (the “Company”); VANECK VIP TRUST (formerly known as Van Eck Worldwide Insurance Trust) (the “Fund”); VAN ECK SECURITIES CORPORATION (the “Underwriter”); and VAN ECK ASSOCIATES CORPORATION (the “Adviser”).

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COMPANY AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2021 • Equitable America Variable Account K

THIS AMENDMENT (“Amendment”) amends the Amended and Restated Participation Agreement dated March 15, 2010 (together with any prior amendments thereto, the “Agreement”) which is hereby incorporated by reference, and is made as of the Amendment Effective Date of October 23, 2020 by and between MFS VARIABLE INSURANCE TRUST (the “Trust I”); MFS VARIABLE INSURANCE TRUST II (the “Trust II”); EQUITABLE FINANCIAL LIFE INSURANCE COMPANY OF AMERICA f/k/a MONY LIFE INSURANCE COMPANY OF AMERICA (the “Company”); and MFS FUND DISTRIBUTORS, INC. (“MFD”). Each separately being a “Party” and collectively referred to as, the “Parties”)

THIRD AMENDMENT TO AMENDED AND RESTATED PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 21st, 2021 • Equitable America Variable Account K

Equitable Financial Life Insurance Company of America, formerly known as MONY Life Insurance Company of America (the Company”), an Arizona stock life insurance company, MFS Variable Insurance Trust and MFS Variable Insurance Trust II (individually, the “Trust” and collectively, the “Trusts”), each a Massachusetts business trust and MFS Fund Distributors, Inc. (the “Distributor), a Delaware corporation, entered into a certain amended and restated participation agreement dated March 15, 2010 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January 8, 2021, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Trusts and the Distributor (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the definitions ascrib

EIGHTH AMENDMENT TO GENERAL AGENT SALES AGREEMENT
General Agent Sales Agreement • April 21st, 2021 • Equitable America Variable Account K

This EIGHTH AMENDMENT TO GENERAL AGENT SALES AGREEMENT, dated as of November 1, 2019 is by and between MONY LIFE INSURANCE COMPANY OF AMERICA, an Arizona life insurance company (“MONY America”), and AXA NETWORK, LLC, a Delaware limited liability company (“General Agent”).

SIXTH AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 21st, 2021 • Equitable America Variable Account K

Equitable Financial Life Insurance Company of America, formerly known as MONY Life Insurance Company of America (the “Company”), an Arizona stock life insurance company, PIMCO Variable Insurance Trust (the “Fund”), a Delaware business trust and PIMCO Investments LLC (the “Underwriter”), a Delaware limited liability company, entered into a certain participation agreement dated December 1, 2001, as amended (the “Participation Agreement”). This Sixth Amendment (the “Amendment”) to the Participation Agreement is entered into as of January 1, 2021, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund and the Underwriter (collectively, the “Parties”).

NINTH AMENDMENT TO GENERAL AGENT SALES AGREEMENT
General Agent Sales Agreement • April 21st, 2021 • Equitable America Variable Account K

This NINTH AMENDMENT TO GENERAL AGENT SALES AGREEMENT, dated as of October 1, 2020 is by and between EQUITABLE FINANCIAL LIFE INSURANCE COMPANY OF AMERICA, an Arizona life insurance company, f/k/a MONY Life Insurance Company of America (“EFLOA”), and EQUITABLE NETWORK, LLC, a Delaware limited liability company, f/k/a AXA Network, LLC (“General Agent”).

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