THIRD AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • April 21st, 2023 • Separate Account No. 70
Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company (“EFLIC”), a New York life insurance company, VanEck VIP Trust, an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (the “Fund”), VanEck Securities Corporation (the “Underwriter”), a Delaware corporation, and VanEck Associates Corporation (the “Adviser”), a Delaware corporation, entered into a certain participation agreement dated October 1, 2013 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of September 9, 2022, by and among EFLIC, on its own behalf and on behalf of each separate account of EFLIC, as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “EFLIC Accounts”), Equitable Financial Life Insurance Company of America (“Equitable America”), on its own behalf and on behalf of each separate account of Equitable Am
