THIRD AMENDMENT TO PARTICIPATION AGREEMENT
THIRD AMENDMENT TO
Equitable Financial Life Insurance Company, formerly known as AXA Equitable Life Insurance Company (“EFLIC”), a New York life insurance company, XxxXxx VIP Trust, an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (the “Fund”), XxxXxx Securities Corporation (the “Underwriter”), a Delaware corporation, and XxxXxx 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 America as set forth in the Participation Agreement, as may be amended from time to time (individually and collectively the “Equitable America Accounts”) (the EFLIC Accounts and Equitable America Accounts shall collectively be referred to as the “Accounts”), the Fund, the Underwriter and the Adviser (collectively, the “Parties”).
RECITALS
WHEREAS, the Parties wish to add Equitable America to the Agreement;
WHEREAS, the Parties wish to add Equitable America Separate Accounts to Schedule A of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, which consideration is full and complete, EFLIC, Equitable America, the Funds, the Underwriter and the Adviser hereby agree to supplement and amend the Participation Agreement as follows:
1. | Equitable America is hereby added as a Party to the Agreement with all of the same rights and obligations ofEFLIC thereunder. References to the “Company” in the Agreement are hereby amended to include both EFLIC and Equitable America, respectively, as appropriate; and |
2. | Schedule A of the Agreement is hereby deleted in its entirety and replaced with the attached Schedule A. |
IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed as of the date first above written.
Equitable Financial Life Insurance Company, on behalf of itself and each EFLIC Account
By: | ||
Print Name: | Xxxxxxx X. Xxxxxxxxx | |
Title: | Chief Investment Officer | |
Date: |
Equitable Financial Life Insurance Company of America, on behalf of itself and each Equitable America Account
By: | ||
Print Name: | Xxxxxxx X. Xxxxxxxxx | |
Title: | Chief Investment Officer | |
Date: |
The Fund:
XxxXxx VIP Trust
By: | ||
Print Name: | Xxxxx Xxxxxxxx | |
Title: | Vice President | |
Date: | August 9, 2022 |
The Underwriter:
Xxx Xxx Securities Corporation
By: | ||
Print Name: | Xxxxx Xxxxxxxx | |
Title: | Assistant Vice President | |
Date: | August 9, 2022 |
The Adviser:
Xxx Xxx Associates Corporation
By: | ||
Print Name: | Xxxxx Xxxxxxxx | |
Title: | Assistant Vice President | |
Date: | August 9, 2022 |
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Schedule A
Equitable Financial Life Insurance Company
Separate Accounts and Associated Contracts
Name of Separate Account | Contracts Funded by Separate Account | |
Separate Account A (formerly AXA | All Contracts | |
Equitable Separate Account A) | ||
Separate Account FP (formerly AXA | All Contracts | |
Equitable Separate Account FP) | ||
Separate Account I (formerly AXA Equitable | All Contracts | |
Separate Account I) | ||
Separate Account No. 45 (formerly AXA | All Contracts | |
Equitable Separate Account 45) | ||
Separate Account No. 49 (formerly AXA | All Contracts | |
Equitable Separate Account 49) | ||
Separate Account No. 65 (formerly AXA | All Contracts | |
Equitable Separate Account 65) | ||
Separate Account No. 66 (formerly AXA | All Contracts | |
Equitable Separate Account 66) | ||
Separate Account No. 70 (formerly AXA | All Contracts | |
Equitable Separate Account 70) | ||
Separate Account No. 206 (formerly AXA | All Contracts | |
Equitable Separate Account 206) | ||
Separate Account No. 301 (formerly AXA | All Contracts | |
Equitable Separate Account 301) |
Equitable Financial Life Insurance Company of America
Separate Accounts and Associated Contracts
Name of Separate Account | Contracts Funded by Separate Account | |
Equitable America Variable Account K | All Contracts | |
Equitable America Variable Account No. 70A | All Contracts | |
Variable Account AA | All Contracts |
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