0001193125-21-126667 Sample Contracts

PARTICIPATION AGREEMENT Among AXA Equitable Life Insurance Company ProFunds, Access One Trust, and Pro Fund Advisors LLC
Participation Agreement • April 22nd, 2021 • Separate Account No. 70 • Maryland

THIS AGREEMENT, dated as of the 1st day of October, 2013 by and among AXA Equitable Life Insurance Company (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”), ProFunds, a Delaware business trust, Access One Trust, a Delaware business trust (together with ProFunds, the “Fund”), and ProFund Advisors LLC (the “Adviser”), a Maryland limited liability company.

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AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Separate Account No. 70

THIS AMENDMENT (“Amendment”) amends the Participation Agreement dated April 20, 2012 (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 , 2020 by and between AXA EQUITABLE LIFE INSURANCE COMPANY (the “Company”); FIRST TRUST VARIABLE INSURANCE TRUST (the “Fund”); FIRST TRUST ADVISORS, L.P. (the “Advisor”); and FIRST TRUST PORTFOLIOS L.P. (the “Distributor”)(each individually a “Party” and collectively, the “Parties”).

AMENDMENT NO. 6 TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Separate Account No. 70

AMENDMENT No. 6, dated as of September 18, 2013 to the Participation Agreement (the “Agreement”), dated December 1, 2001 and as amended by Amendment No. 1 dated April 1, 2002, Amendment No. 2 dated May 30, 2003, Amendment No. 3 dated October 20, 2009, Amendment No. 4 dated April 1, 2010 and Amendment No. 5 dated May 1, 2012, by and among MONY Life Insurance Company (“MONY”), AXA Equitable Life Insurance Company (“AXA Equitable”), PIMCO Variable Insurance Trust and PIMCO Investments LLC1 (collectively, the “Parties”).

SECOND AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2021 • Separate Account No. 70

Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company (the “Company”), a New York life insurance company, First Trust Variable Insurance Trust (the “Fund”), a business trust organized under the laws of the Commonwealth of Massachusetts, First Trust Advisors L.P. (the “Advisor”), an Illinois limited partnership, and First Trust Portfolios L.P. (the “Distributor”), an Illinois limited partnership, entered into a certain participation agreement dated April 20, 2012 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 15, 2020, 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, the Advisor and the Distributor (collectively, the “Parties”).

FOURTH AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Separate Account No. 70

THIS FOURTH AMENDMENT (“Amendment”) amends the Participation Agreement dated October 15, 2009 (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 1, 2020 by and between EQUITABLE FINANCIAL LIFE INSURANCE COMPANY (formerly AXA Equitable Life Insurance Company) (the “Company”), a New York Life Corporation; AMERICAN CENTURY INVESTMENT MANAGEMENT, INC. (the “Advisor”), a Delaware Corporation, and AMERICAN CENTURY INVESTMENT SERVICES, INC. (the “Distributor”), a Missouri Corporation.

SECOND AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2021 • Separate Account No. 70

Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company (the “Company”), a New York life insurance company, Northern Lights Variable Trust (the “Fund”), an open-end management investment company organized as a Delaware business trust, and 7Twelve Advisors, LLC (the “Advisor”), a Tennessee Limited Liability Company, entered into a certain participation agreement dated April 12, 2012 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of September 28, 2020, 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 Advisor (collectively, the “Parties”).

FOURTH AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Separate Account No. 70
AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Separate Account No. 70

THIS AMENDMENT (“Amendment”) amends the Participation Agreement dated September 1, 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 August 16, 2019 by and between AXA EQUITABLE LIFE INSURANCE COMPANY (the “Company”); GUGGENHEIM FUNDS DISTRIBUTORS, LLC, f/ka/ Rydex Distributors, LLC, (the “Distributor”).

AMENDMENT NO. 3 TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Separate Account No. 70

AMENDMENT No. 3, dated as of October 1, 2013 to the Participation Agreement, (the “Agreement”), dated May 1, 2003 and as amended by Amendment No. 1 effective October 16, 2009 and Amendment No. 2 effective May 1, 2012, by and among MONY Life Insurance Company (“MONY”), AXA Equitable Life Insurance Company, ProFunds, and ProFund Advisors LLC (collectively, the “Parties”).

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Separate Account No. 70

THIS AMENDMENT (“Amendment”) amends the Participation Agreement dated October 16, 2009 (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 4, 2020 by and between AXA EQUITABLE LIFE INSURANCE COMPANY (the “Company”), a New York Life Corporation; ALLIANCEBERNSTEIN L.P. (the “Advisor”), a Delaware Limited Partnership, and ALLIANCEBERNSTEIN INVESTMENTS, INC. (the “Distributor”), a Delaware Corporation.

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