AMENDMENT TO THE PARTICIPATION AGREEMENT AMONG PROTECTIVE LIFE INSURANCE COMPANY, GOLDMAN SACHS VARIABLE INSURNACE TRUST AND GOLDMAN SACHS & CO. LLC
AMENDMENT TO THE PARTICIPATION AGREEMENT
AMONG
PROTECTIVE LIFE INSURANCE COMPANY,
XXXXXXX XXXXX VARIABLE INSURNACE TRUST
AND
XXXXXXX SACHS & CO. LLC
THIS FIFTH AMENDMENT TO THE PARTICIPATION AGREEMENT (the “Amendment”) is made as of this 12th day of April, 2021 by and between XXXXXXX XXXXX VARIABLE INSURANCE TRUST, a statutory trust formed under the laws of Delaware (the “Trust”), Xxxxxxx Sachs & Co. LLC, a New York limited liability company (the “Distributor”), and PROTECTIVE LIFE INSURANCE COMPANY, a Tennessee life insurance company (the “Company”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
RECITALS
WHEREAS, the Trust, Distributor and Company are parties to a certain Participation Agreement dated December 19, 2003, as amended (the “Agreement”), in which the Company offers to the public certain variable annuity contracts and variable life insurance contracts; and
WHEREAS, the parties desire to amend Schedule 3 of the Agreement; and
WHEREAS, the parties now desire to further modify the Agreement as provided herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
- Schedule 3 of the Agreement is hereby deleted in its entirety and replaced with Schedule 3 attached hereto.
- Ratification and Confirmation of Agreement. In the event of a conflict between the terms of this Amendment and the Agreement, it is the intention of the parties that the terms of this Amendment shall control and the Agreement shall be interpreted on that basis. To the extent the provisions of the Agreement have not been amended by this Amendment, the parties hereby confirm and ratify the Agreement.
-
Counterparts.This Amendment may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one instrument.
- Full Force and Effect. Except as expressly supplemented, amended or consented to hereby, all of the representations, warranties, terms, covenants and conditions of the Agreement shall remain unamended and shall continue to be in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written.
XXXXXXX XXXXX VARIABLE INSURANCE TRUST
By: /s/ Xxxxx Xxxxxx
Name: Xxxxx Xxxxxx
Title: Managing Director
Date: April 13, 2021
By: /s/ Xxxxx Xxxxx
Name: Xxxxx Xxxxx
Title: Managing Director
Date: April 13, 2021
PROTECTIVE LIFE INSURANCE COMPANY
By: /s/ Xxxxx Xxxxxx
Name: Xxxxx Xxxxxx
Title: Chief Product Officer – Retirement Division
Date: April 13, 2021
Schedule 3
Trust Classes and Series
Available Under each Class of Contracts
Effective May 1, 2021, the following Trust Classes and Series are available under the Contracts:
2
Contracts Marketing Name
|
Trust Classes and Series
|
Protective Variable Annuity
Elements Classic
Elements Access
Elements Plus
Protective Advantage
Protective Variable Annuity II
MileageCredit
Strategic Objectives
Strategic Objectives II
|
All available Xxxxxxx Xxxxx Variable Insurance Trust Funds (Institutional Shares)
|
3
Premiere I
Premiere II
Premiere II (2003)
Premiere III (effective 11/3/08)
Preserver
Preserver (2003)
Preserver II (effective 11/3/08)
Protector
Protector II (effective 5/4/09)
Premiere Provider
Premiere Survivor
Premiere Survivor (2004)
Protective Investors Choice VUL
Premiere Executive
Transitions
Single Premium Plus
ProtectiveRewards II
ProtectiveRewards Elite (effective 11/3/08)
ProtectiveAccess XL
Protective Access Variable Annuity
ProtectiveValues Advantage
Protective Values Advantage II
Protective Values
Protective Values Access
Protective Variable Annuity (L,B,C Series)
Protective Variable Annuity Investor Series
Protective Dimensions
Protective Variable Annuity II B Series
Protective Dimensions II Variable Annuity
Protective Dimensions III
Protective Dimensions IV
Protective Variable Annuity Investors Series
|
All available Xxxxxxx Sachs Variable Insurance Trust Funds (Service and Institutional Shares)
|
4
Protective Investors Benefit Advisor Variable Annuity
|
Xxxxxxx Xxxxx VIT Global Trends Allocation Fund (Service Shares); Xxxxxxx Sachs VIT Growth Opportunities Fund (Service Shares); Xxxxxxx Xxxxx VIT Core Fixed Income Fund (Service Shares); Xxxxxxx Sachs Small Eq Insights Fund (Service Shares) and Xxxxxxx Xxxxx VIT Strategic Growth Fund (Service Shares)
|
Schwab Genesis Advisory Variable Annuity
Schwab Genesis Variable Annuity
|
Xxxxxxx Sachs VIT Global Trends Allocation Fund (Service Shares); Xxxxxxx Xxxxx VIT Growth Opportunities Fund (Service Shares); Xxxxxxx Sachs VIT Core Fixed Income Fund (Service Shares); Xxxxxxx Xxxxx Small Cap Eq Insights Fund (Service Shares) and Xxxxxxx Sachs VIT Strategic Growth Fund (Service Shares)
|
Protective Executive Benefits Private Placement VUL
|
Xxxxxxx Xxxxx VIT Growth Opportunities (Service Shares)
|
5