0001193125-21-126948 Sample Contracts

PARTICIPATION AGREEMENT Among MONY Life Insurance Company of America, ProFunds, and ProFund Advisors LLC
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A • Maryland

THIS AGREEMENT, dated as of the 1st day of May 2003 by and among _MONY Life Insurance Company of America (the “Company”), an Arizona stock 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 (the “Fund”), a Delaware business trust, and ProFund Advisors LLC (the “Adviser”), a Maryland limited liability company.

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AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

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”).

PARTICIPATION AGREEMENT Among MONY LIFE INSURANCE COMPANY OF AMERICA LEGG MASON PARTNERS VARIABLE EQUITY TRUST AND LEGG MASON PARTNERS VARIABLE INCOME TRUST LEGG MASON PARTNERS FUND ADVISOR, LLC and LEGG MASON INVESTOR SERVICES, LLC
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A • New York

THIS AGREEMENT, made and entered into as of this 1ST day of December 2010, by and among MONY LIFE INSURANCE COMPANY OF AMERICA (the “Company”), an Arizona life insurance company, on its own behalf and on behalf of its separate accounts (the “Accounts”); Legg Mason Partners Variable Equity Trust and Legg Mason Partners Variable Income Trust, each an open-end management investment company organized under the laws of Maryland (the “Fund”); Legg Mason Partners Fund Advisor, LLC (the “Adviser”), a Maryland limited liability company; and Legg Mason Investor Services, LLC (the “Distributor”), a Maryland limited liability company.

FIRST AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company (the “Company”), a New York life insurance company, Putnam Variable Trust (the “Trust”), a Massachusetts business trust and Putnam Retail Management Limited Partnership (the “Underwriter”), a Massachusetts limited partnership, entered into a certain participation agreement dated October 10, 2013 (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 Trust and the Underwriter (collectively, the “Parties”).

AMENDMENT NO. 3 TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

Equitable Financial Life Insurance Company of America, formerly known as MONY Life Insurance Company of America (the “Company”), an Arizona stock life insurance company; Legg Mason Global Asset Management Variable Trust, Legg Mason Partners Variable Equity Trust and Legg Mason Partners Variable Income Trust (collectively, the “Fund”), each an open-end management investment company organized under the laws of Maryland; Legg Mason Partners Fund Advisor, LLC (the “Adviser”), a Maryland limited liability company; and Legg Mason Investor Services, LLC (the “Distributor”), a Maryland limited liability company, entered into a certain Participation Agreement dated December 1, 2010 (together with any prior amendments thereto, the “Agreement”). This Amendment No. 3 (the “Amendment”) to the Agreement is entered into as of December 4, 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 Agreement, as may be amended from time to

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

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”).

AMENDMENT TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

THIS AMENDMENT (“Amendment”) amends the Participation Agreement dated August 6, 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 27, 2020 by and between EQUITABLE FINANCIAL LIFE INSURANCE COMPANY (the “Company”) (formerly, AXA Equitable Life Insurance Company); NEUBERGER BERMAN ADVISERS MANAGEMENT TRUST (the “Fund”), an open-end management investment company organized as a Delaware statutory trust, and NEUBERGER BERMAN BD LLC (the “Distributor”) (formerly, Neuberger Berman Management LLC (“NBM”)).

THIRD AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company (the “Company”), a New York life insurance company, Neuberger Berman Advisers Management Trust (the “Fund”), an open-end management investment company organized under the laws of Delaware and Neuberger Berman BD LLC (the “Distributor”), a limited liability company organized under the laws of Delaware, entered into a certain participation agreement dated August 6, 2010 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of , 20 , 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 Distributor (collectively, the “Parties”).

AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

AMENDMENT No. 1, dated as of December 23, 2020 to the Participation Agreement, (the “Agreement”), dated May 1, 2003, by and among Equitable Financial Life Insurance Company of America, formerly known as MONY Life Insurance Company of America (the “Company”), an Arizona stock life insurance company, ProFunds, a Delaware business trust, and ProFund Advisors LLC (the “Advisor”), a Maryland limited liability company (collectively, the “Parties”).

FOURTH AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

Equitable Financial Life Insurance Company of America (the “Company”), an Arizona stock life insurance company, and Legg mason Partners Variable Equity Trust and Legg Mason Partners Variable Income Trust (the “Fund”), each an open-end management investment company organized under the laws of Maryland, Legg Mason Partners Fund Advisor, LLC (the “Advisor”), a Maryland limited liability company and Legg Mason Investor Services, LLC (the “Distributor”), a Maryland limited liability company, entered into a certain participation agreement dated December 1, 2010 (together with any prior amendments thereto,the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of March 3, 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, the Advisor and the Dist

Amendment to Participation Agreement Among AXA EQUITABLE LIFE INSURANCE COMPANY FIRST TRUST VARIABLE INSURANCE TRUST, FIRST TRUST ADVISORS L.P. and FIRST TRUST PORTFOLIOS, L.P.
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

AXA Equitable Life Insurance Company, on its own behalf and on behalf of each of its separate accounts, First Trust Variable Insurance Trust, First Trust Advisors L.P. and First Trust Portfolios, L.P., have previously entered into a Participation Agreement dated April 20, 2012 (the “Agreement”). The parties now desire to amend the Agreement by this amendment (the “Amendment”).

AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

Amendment No. 2, effective October 1, 2014, to the Participation Agreement dated December 1, 2010, as amended March 28, 2014 (the “Agreement”) by and among MONY Life Insurance Company of America (the “Company”); Legg Mason Global Asset Management Variable Trust, Legg Mason Partners Variable Equity Trust and Legg Mason Partners Variable Income Trust (the “Fund”); Legg Mason Partners Fund Advisor, LLC; and Legg Mason Investor Services, LLC (the “Distributor”) (collectively, the “Parties”). All terms re-defined in this Amendment supersede and replace those definitions assigned in the Agreement. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Agreement.

AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

Amendment No. 1, effective March 28, 2014, to the Participation Agreement, (the “Agreement”), dated December 1, 2010 by and among MONY Life Insurance Company of America (the “Company”); Legg Mason Partners Variable Equity Trust and Legg Mason Partners Variable Income Trust (the “Fund”); Legg Mason Partners Fund Advisor, LLC; and Legg Mason Investor Services, LLC (the “Distributor”) (collectively, the “Parties”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Agreement.

THIRD AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Participation Agreement • April 22nd, 2021 • Equitable America Variable Account No.70A

Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company (the “Company”), a New York life insurance company, Neuberger Berman Advisers Management Trust (the “Fund”), an open-end management investment company organized under the laws of Delaware and Neuberger Berman BD LLC (the “Distributor”), a limited liability company organized under the laws of Delaware (formerly, Neuberger Berman Management LLC (“NBM”)), entered into a certain participation agreement dated August 6, 2010 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of February 11, 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 Distributor (collectively, the “Parties”).

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