0001104659-22-048228 Sample Contracts

PARTICIPATION AGREEMENT among PRINCIPAL LIFE INSURANCE COMPANY, the VIRTUS VARIABLE INSURANCE FUND(S) listed on Schedule A hereto and VP DISTRIBUTORS, LLC
Participation Agreement • April 21st, 2022 • Virtus Variable Insurance Trust • Delaware

THIS AGREEMENT, effective as of the 1st day of October 2021, by and among PRINCIPAL LIFE INSURANCE COMPANY (the “Company”), an Iowa 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”), the VIRTUS VARIABLE INSURANCE FUNDS listed on Schedule A hereto severally and not jointly (each, the “Trust”), each a Delaware statutory trust, and VP DISTRIBUTORS, LLC (the “Distributor”), a Delaware limited liability company.

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PARTICIPATION AGREEMENT Among JEFFERSON NATIONAL LIFE INSURANCE COMPANY OF NEW YORK, VIRTUS VARIABLE INSURANCE TRUST and VP DISTRIBUTORS, LLC
Participation Agreement • April 21st, 2022 • Virtus Variable Insurance Trust • Delaware

THIS AGREEMENT, effective as of the 1st day of January, 2015, by and among Jefferson National Life Insurance Company of New York (the "Company"), a New York life insurance company, on its own behalf and on behalf of each segregated asset account of the Company set fo1ih on Schedule A hereto as may be amended from time to time (each account hereinafter refe1Ted to as the "Account"), VIRTUS VARIABLE INSURANCE TRUST (the "Fund"), a Delaware statutory trust, and VP DISTRIBUTORS, LLC (the "Distributor"), a Delaware limited liability company.

AMENDMENT TO MARKETING AND ADMINISTRATIVE SERVICES AGREEMENT
Marketing and Administrative Services Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This Amendment is entered into as of October 1, 2021, by and between Jefferson National Life Insurance Company (“Firm”) and VP Distributors, LLC (“Distributor”).

AMENDMENT TO SUB-ADMINISTRATION AND ACCOUNTING SERVICES AGREEMENT
Sub-Administration and Accounting Services Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This Amendment and Joinder (“Amendment”) dated April 8, 2022 (“Effective Date”) is by and among Virtus Fund Services, LLC (“Company”), Virtus Alternative Solutions Trust, VATS Offshore Fund, Ltd., Virtus Asset Trust, Virtus Equity Trust, Virtus Opportunities Trust, Virtus Retirement Trust, Virtus Variable Insurance Trust, Virtus Investment Trust and Virtus Strategy Trust, The Merger Fund®, The Merger Fund® VL, Virtus Event Opportunities Trust (each, a “Fund” and together, the “Funds”) and The Bank of New York Mellon (“BNY Mellon”).

AMENDMENT TO MARKETING AND DISTRIBUTION AGREEMENT
Marketing and Distribution Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This Amendment is entered into as of July 19 , 2021, by and between Symetra Life Insurance Company (the “Firm”), a Washington life insurance company, and VP Distributors, LLC (the “Distributor”), a Delaware limited liability company.

AMENDMENT AND JOINDER TO PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This Amendment and Joinder is entered into as of October 1, 2021 by and among Jefferson National Life Insurance Company (the “Company”) a Texas 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”); Virtus Variable Insurance Trust (“VVIT”) on behalf of its series listed on Exhibit B hereto and The Merger Fund VL (“TMFVL”), each a Delaware statutory trust (each of the series of VVIT and TMFVL, the “Fund” and collectively, the “Funds”); and VP Distributors, LLC (the “Distributor”), a Delaware limited liability company.

SEVENTEENTH AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • April 21st, 2022 • Virtus Variable Insurance Trust • Delaware

This Seventeenth Amended and Restated Expense Limitation Agreement (the “Agreement”) effective as of April 29, 2022, amends and restates that Sixteenth Amended and Restated Expense Limitation Agreement effective as of December 1, 2021, by and between Virtus Variable Insurance Trust, a Delaware statutory trust (the “Registrant”), on behalf of each series of the Registrant listed in Appendix A (each a “Fund” and collectively, the “Funds”) and the Adviser of each of the Funds, Virtus Investment Advisers, Inc., a Massachusetts corporation (the “Adviser”).

MARKETING AND ADMINISTRATIVE SERVICES AGREEMENT
Marketing and Administrative • April 21st, 2022 • Virtus Variable Insurance Trust • Delaware

New York Life Insurance and Annuity Corporation (“Firm”) and VP Distributors, LLC (“Distributor”) mutually agree to the arrangements set forth in this Marketing and Administrative Services Agreement (the “Agreement”) effective as of October 1, 2021. Firm and the Distributor are referred to collectively herein as the “Parties.”

MARKETING AND ADMINISTRATIVE SERVICES AGREEMENT
Marketing and Administrative • April 21st, 2022 • Virtus Variable Insurance Trust • Delaware

Jefferson National Life Insurance Company of New York ("Firm") and VP Distributors, LLC ("Distributor") mutually agree to the arrangements set forth in this Marketing and Administrative Services Agreement (the "Agreement") effective as of January 1, 2015. Firm and the Distributor are refe1Ted to collectively herein as the "Parties."

AMENDMENT AND JOINDER TO PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This Amendment and Joinder is entered into as of October 1, 2021 by and among The Guardian Insurance & Annuity Company, Inc. (the “Company”), a Delaware corporation, 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”); Virtus Variable Insurance Trust (“VVIT”) on behalf of its series listed on Exhibit B hereto and The Merger Fund VL (“TMFVL”), each a Delaware statutory trust (each of the series of VVIT and TMFVL, the “Fund” and collectively, the “Funds”); and VP Distributors, LLC (the “Distributor”), a Delaware limited liability company.

AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This Amendment No. 2 (the “Amendment”) is effective as of October 1, 2021 and amends the Participation Agreement dated October 1, 2021, as amended (the “Agreement”) by and among VIRTUS VARIABLE INSURANCE FUNDS (each, the “Trust”), VP DISTRIBUTORS, LLC (the “Distributor”) and BRIGHTHOUSE LIFE INSURANCE COMPANY (the “Company” or “Brighthouse”) on its own behalf and on behalf of each of its separate accounts (“Accounts”) (collectively, the “Parties”). All capitalized terms used herein and not otherwise defined shall have the meaning described to such terms in the Agreement.

SIXTEENTH AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT VIRTUS VARIABLE INSURANCE TRUST
Expense Limitation Agreement • April 21st, 2022 • Virtus Variable Insurance Trust • Delaware

This Sixteenth Amended and Restated Expense Limitation Agreement (the “Agreement”) effective as of December 1, 2021, amends and restates that Fifteenth Amended and Restated Expense Limitation Agreement effective as of April 21, 2021, by and between Virtus Variable Insurance Trust, a Delaware statutory trust (the “Registrant”), on behalf of each series of the Registrant listed in Appendix A (each a “Fund” and collectively, the “Funds”) and the Adviser of each of the Funds, Virtus Investment Advisers, Inc., a Massachusetts corporation (the “Adviser”).

AMENDMENT TO MARKETING AND ADMINISTRATIVE SERVICES AGREEMENT
Marketing and Administrative Services Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This Amendment is entered into as of October 1, 2021, by and between The Guardian Insurance & Annuity Company, Inc. ("Firm") and VP Distributors, LLC (“Distributor”).

MARKETING AND ADMINISTRATIVE SERVICES AGREEMENT
Marketing and Administrative Services Agreement • April 21st, 2022 • Virtus Variable Insurance Trust • Delaware

Brighthouse Life Insurance Company (“Firm”) and VP Distributors, LLC (“Distributor”) mutually agree to the arrangements set forth in this Marketing and Administrative Services Agreement (the “Agreement”) effective as of October 1, 2021. Firm and the Distributor are referred to collectively herein as the “Parties.”

AMENDMENT AND JOINDER TO PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This Amendment and Joinder is entered into as of July 19 , 2021 by and among Symetra Life Insurance Company (the “Company”), a Washington 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”); VIRTUS VARIABLE INSURANCE TRUST (“VVIT”) and THE MERGER FUND VL (“TMFVL”), each a Delaware statutory trust (each of VVIT and TMFVL, the “Fund”), and VP DISTRIBUTORS, LLC (the “Distributor”), a Delaware limited liability company.

FIRST AMENDMENT TO ADMINISTRATIVE SERVICE AGREEMENT
Administrative Service Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This First Amendment is entered into as of October 1, 2021, by and between Nationwide Financial Services, Inc. (“NFS”) and VP Distributors, LLC (the “Company").

Second Amendment To Transfer Agency Services Agreement
Transfer Agency Services Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This Adoption Agreement and Second Amendment To Transfer Agency Services Agreement ("Amendment"), dated as of January 12, 2022 (“Effective Date”), is being entered into by and between BNY Mellon Investment Servicing (US) Inc. ("BNYM") and each of Virtus Variable Insurance Trust ("VVIT"), on its own behalf and on behalf of each series of VVIT listed on Exhibit A to this Amendment (collectively, "Portfolio" in the singular and "Portfolios" in the plural) and The Merger Fund VL ("Merger Fund"). (VVIT and Merger Fund are, collectively, "Investment Company" in the singular and "Investment Companies" in the plural). "Fund" is hereby defined to mean each Investment Company and each Portfolio, each in its individual and separate capacity.

AMENDMENT NO. 1 TO PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This Amendment No. 1 (the “Amendment”) is effective as of October 1, 2021 and amends the Participation Agreement dated October 1, 2021, (the “Agreement”) by and among the Virtus Variable Insurance Funds (each the “Trust”), VP Distributors, LLC (the “Distributor”) and Brighthouse Life Insurance Company (the “Company”, or “Brighthouse”) on its own behalf and on behalf of each of its separate accounts (“Accounts”) (collectively, the “Parties”). All capitalized terms used herein and not otherwise defined shall have the meaning described to such terms in the Agreement.

FIRST AMENDMENT AND JOINDER TO PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2022 • Virtus Variable Insurance Trust

This First Amendment and Joinder is entered into as of October 1, 2021 by and among Nationwide Financial Services, Inc. on behalf of its subsidiaries listed on Exhibit A to the Agreement (as defined below)(collectively, “Nationwide”) and the current and any future Nationwide separate accounts as applicable (“Variable Accounts”); Virtus Variable Insurance Trust (“VVIT”) on behalf of its series listed on Exhibit B hereto and The Merger Fund VL (“TMFVL”), each a Delaware statutory trust (each of the series of VVIT and TMFVL, the “Fund” and collectively, the “Funds”); and VP Distributors, LLC (the “Company”), a Delaware limited liability company.

MARKETING AND ADMINISTRATIVE SERVICES AGREEMENT
Marketing and Administrative Services Agreement • April 21st, 2022 • Virtus Variable Insurance Trust • Delaware

Principal Life Insurance Company (“Firm”), Principal Securities, Inc. (“PSI”) and VP Distributors, LLC (“Distributor”) mutually agree to the arrangements set forth in this Marketing and Administrative Services Agreement (the “Agreement”) effective as of October 1, 2021. Firm, PSI and the Distributor are referred to collectively herein as the “Parties.”

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