0001193125-23-023507 Sample Contracts

TENTH AMENDMENT TO FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • February 3rd, 2023 • Equitable America Variable Account No.70A

Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona stock life insurance company (collectively “Company”), Ivy Variable Insurance Portfolios (the “Fund”), a Delaware statutory trust and Delaware Distributors, L.P. (the “Distributor”), are parties to a fund participation agreement dated October 23, 2009, as amended (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of October 11, 2022, 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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FIFTH AMENDMENT TO FUND PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Fund Participation Agreement • February 3rd, 2023 • 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, each an open-end management investment company organized under the laws of Maryland (collectively, the “Fund”), Legg Mason Partners Fund Advisor, LLC (the “Advisor”), a Maryland limited liability company and Franklin Distributors, LLC, formerly known as Legg Mason Investor Services, LLC (the “Distributor”), a Delaware limited liability company, entered into a certain participation agreement dated December 1, 2010 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of September 19, 2022, 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, th

FOURTH AMENDMENT TO FUND PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALS
Fund Participation Agreement • February 3rd, 2023 • Equitable America Variable Account No.70A

Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company, a New York life insurance company, Equitable Financial Life Insurance Company of America, formerly known as MONY Life Insurance Company of America, an Arizona stock life insurance company (collectively “Company”), Eaton Vance Variable Trust (the “Trust”), an open-end management investment company organized under the laws of Massachusetts and Eaton Vance Distributors, Inc. (the “Distributor”), a Massachusetts company, entered into a certain participation agreement dated October 7, 2013 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of September 19, 2022, 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 Distributor (collectively,

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