PARTICIPATION AGREEMENT Among THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. VIRTUS VARIABLE INSURANCE TRUST and VP DISTRIBUTORS, LLCParticipation Agreement • April 28th, 2021 • Guardian Separate Account R • Delaware
AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), AllianceBernstein L.P. (formerly, Alliance Capital Management L.P.) (“Adviser”), and AllianceBernstein Investments, Inc. (formerly, Alliance Fund Distributors, Inc.) (the “Distributor”), entered into a certain participation agreement dated May 1, 2002 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of February 1, 2021, 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 Adviser and the Distributor (collectively, the “Parties”).
AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), the PIMCO Variable Insurance Trust, (the “Fund”), and PIMCO Investments LLC (the “Underwriter”) entered into a certain participation agreement dated January l, 2009 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January l, 2021, 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 Underwriter (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Participation Agreement (defined above).
PARTICIPATION AGREEMENT By and among GUARDIAN VARIABLE PRODUCTS TRUST PARK AVENUE INSTITUTIONAL ADVISERS LLC and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.Participation Agreement • April 28th, 2021 • Guardian Separate Account R • New York
THIS AGREEMENT, made and entered into this 8th day of August, 2016 by and among The Guardian Insurance & Annuity Company, Inc.) a Delaware corporation (the ““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 such account hereinafter referred to as the “Account”), and Guardian Variable Products Trust, a Delaware statutory trust (the “Fund”), and Park Avenue Institutional Advisers LLC, a Delaware limited liability company (the “Adviser”).
AMENDMENT TO PARTICIPATION AGREEMENT (Service Shares) Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), Janus Aspen Series, an open-end management investment company organized as a Delaware statutory trust, (the “Trust”) and Janus Distributors LLC, a Colorado corporation and distributor of the Trust’s shares (“Distributor”), entered into a certain fund participation agreement dated September 15, 2000 (the “Participation Agreement”), as amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 8, 2020, 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 Distributor (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Participation Agreement ( defined above).
AMENDMENT TO PARTICIPATION AGREEMENT Regarding FUND SHAREHOLDER REPORTS AND OTHER REQUIRED MATERIALSParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (hereinafter the “Company”), a Delaware corporation, each of VARIABLE INSURANCE PRODUCTS FUND, VARIABLE INSURANCE PRODUCTS FUND II, VARIABLE INSURANCE PRODUCTS FUND III and VARIABLE INSURANCE PRODUCTS FUND IV and VARIABLE INSURANCE PRODUCTS FUND V, each an unincorporated business trust organized under the laws of the Commonwealth of Massachusetts (each referred to hereinafter as the “Fund”)., and FIDELITY DISTRIBUTORS COMPANY LLC (hereinafter the “Underwriter” or “FDC”), a Massachusetts corporation , entered into a certain participation agreement dated December 1, 1997 (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January 7, 2021, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth on Schedule A to the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”),
AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), Franklin Templeton Variable Insurance Products Trust (the “Fund”), and Franklin/Templeton Distributors, Inc. (the “Distributor”), entered into a certain participation agreement dated May 1, 2002 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of February 24, 2021, 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”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.
AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), PIONEER VARIABLE CONTRACTS TRUST, a Delaware business Trust (“the Trust”), AMUNDI PIONEER ASST MANAGEMENT, INC. (f/k/a PIONEER INVESTMENT MANAGEMENT, INC.) (“APAM”), and AMUNDI PIONEER DISTRIBUTOR, INC. (f/k/a PIONEER FUNDS DISTRIBUTOR, INC.) (the “Underwriter”), entered into a certain participation agreement dated January 1, 2009 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 07, 2020, 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, APAM, and the Underwriter (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Participation Agreement (defined above).
AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), the PUTNAM VARIABLE TRUST, (the “Fund”), and PUTNAM RETAIL MANAGEMENT LIMITED PARTNERSHIP (the “Underwriter”), entered into a certain participation agreement dated May 18, 2012 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 15, 2020, 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 Underwriter (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Participation Agreement (defined above).
AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), the MFS VARIABLE INSURANCE TRUST, a Massachusetts business trust (“Trust I”), MFS VARIABLE INSURANCE TRUST II, a Massachusetts business trust (“Trust II”), MFS VARIABLE INSURANCE TRUST III, a Delaware statutory trust (“Trust III”) (Trust I, Trust II and Trust III, (collectively, the “Fund”), and MFS FUND DISTRIBUTORS, INC., (the “Underwriter”), entered into a certain participation agreement dated May 1, 2000 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 23, 2020, 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 Underwriter (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed t
SIXTH AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), the Ivy Variable Insurance Portfolios (“Ivy VIP”), and Ivy Distributors, Inc. (“IDI”), entered into a certain participation agreement dated June 1, 2010 (the “Participation Agreement”), as amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 8, 2020, by and among the Company, on its own behalf and on behalf of each Variable Account as set forth in the Participation Agreement, as may be amended from time to time, Ivy VIP and IDI (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Participation Agreement (defined above).
AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”) Park Avenue Securities LLC (successor to Guardian Investor Services LLC) (“PAS”), AIM Variable Insurance Funds (Invesco Variable Insurance Funds) (the “Fund’), a Delaware trust, and Invesco Distributors, Inc. (the “Underwriter”), a Delaware corporation, entered into a certain participation agreement dated February 2, 1998 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment’) to the Participation Agreement is entered into as of January 1, 2021, 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”), PAS, the Fund and the Underwriter (collectively the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.
LAZARD RETIREMENT SERIES, INC. SERVICING AGREEMENTServicing Agreement • April 28th, 2021 • Guardian Separate Account R • New York
We wish to enter into this Agreement with you for advertising, marketing and distribution and/or certain other services with respect to shares (the “Shares”) of the series of Lazard Retirement Series, Inc. (the “Fund”) set forth on Schedule A attached hereto, as such Schedule may be revised from time to time (each, a “Portfolio”), of which you are the principal underwriter as defined in the Investment Company Act of 1940, as amended (the “1940 Act”). We also are parties to a Fund Participation Agreement of even date herewith (the “Participation Agreement”) among you, the Fund, us and the Insurance Company (as defined therein).
AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), Legg Mason Partners Variable Equity Trust and Legg Mason Partners Variable Income Trust (the “Fund”), Legg Mason Investor Services, LLC, (the “Distributor”) and Legg Mason Partners Fund Advisor, LLC (the “Adviser”) entered into a certain participation agreement dated April 11, 2011 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of February 24, 2021, 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, Distributor and the Advisor (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.
AMENDMENT TO Shareholder Services AGREEMENT Regarding RULES 30-3 and 498AShareholder Services Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), American Century Investment Management, Inc. (the “Fund”), and American Century Investment Services, Inc. (“Distributor”), entered into a certain shareholder services agreement dated February 2, 1998 (the “Shareholder Services Agreement”), as may be amended. This Amendment (the “Amendment”) to the Shareholder Services Agreement is entered into as of November 5, 2020, by and among the Company, on its own behalf and on behalf of each separate account of the Company as set forth in the Shareholder Services Agreement, as may be amended from time to time (individually and collectively the “Accounts”), the Fund and the Distributor (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement (defined below).
AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), the Value Line Centurion Fund, Inc., a Maryland corporation, Value Line Funds Variable Trust, a Massachusetts business trust (formerly, Value Line Strategic Asset Management Trust)on behalf of its series, Value Line Strategic Asset Management Trust, (collectively, the “Fund”), and EULAV Securities LLC (formerly, Value Line Securities, Inc.) (the “Underwriter”), and EULAV Asset Management , (the “Advisor”) entered into a certain participation agreement dated April 4, 2003 (the “Participation Agreement”), as may it be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 9th, 2020, 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, the Underwriter and the Advisor (collectively, the ‘‘Parties”)
THIRD AMENDMENT TO FUND PARTICIPATION AGREEMENTFund Participation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), ALPS Variable Investment Trust (the “Fund”), a Delaware statutory trust, ALPS Advisors, Inc. (the “Adviser”), a Colorado corporation, and ALPS Portfolio Solutions Distributor, Inc. (“Distributor”), a Colorado corporation, entered into a certain participation agreement dated July7, 2009 (the “Participation Agreement”), as may be amended. This Third Amendment (the “Amendment”) to the Participation Agreement is entered into as of December 22, 2020, 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, the Adviser and the Distributor (collectively, the “Parties”).
AMENDMENT TO PARTICIPATION AGREEMENT Regarding RULES 30e-3 and 498AParticipation Agreement • April 28th, 2021 • Guardian Separate Account R
The Guardian Insurance & Annuity Company, Inc. (the “Company”), THE UNIVERSAL INSTITUTIONAL FUNDS, INC. (formerly known as The Universal Institutional Funds, Inc.) (the “Fund”), MORGAN STANLEY DISTRIBUTION, INC. (the “Underwriter”), and MORGAN STANLEY INVESTMENT MANAGEMENT INC. (the “Adviser”) entered into a certain participation agreement dated July 1, 2013 (the “Participation Agreement”), as may be amended. This Amendment (the “Amendment”) to the Participation Agreement is entered into as of January 22, 2021, 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 Underwriter and the Adviser (collectively, the “Parties”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Participation Agreement (defined above).
SERVICE AGREEMENTService Agreement • April 28th, 2021 • Guardian Separate Account R • New York
This Service Agreement (the “Agreement”), dated as of the 3rd day of June, 2013, is made by and among The Guardian Insurance & Annuity Company, Inc. (“Company”) and Van Eck Securities Corporation (the “Distributor”);
VARIABLE ANNUITY FUND/SERV AGREEMENTParticipation Agreement • April 28th, 2021 • Guardian Separate Account R • New York
This Agreement is entered as of June 10, 2013 between The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company (‘“Firm”) located at 7 Hanover Square, H-230, New York, NY 10004 and DWS Investments Service Company (“DISC”), the transfer agent or sub-transfer agent of each investment company managed by Deutsche Investment Management Americas Inc. (“DIMA”), located at 222 South Riverside Plaza, Chicago, IL 60606-5808.
FUND/SERV & NETWORKING AGREEMENTNetworking Agreement • April 28th, 2021 • Guardian Separate Account R • New York
This Fund/SERV & Networking Agreement, effective as of 5/3/13 , is entered into by and between The Merger Fund VL (the “Mutual Fund Agent”) and The Guardian Insurance & Annuity Company, Inc. (the “Broker/Agent”).
July 1, 2013Participation Agreement • April 28th, 2021 • Guardian Separate Account R
This letter sets forth the agreement (“ Agreement”) between The Guardian Insurance & Annuity Company, Inc. (“you” or the “Company”) and the undersigned (“we” or “Price Associates”) concerning certain administration services to be provided by you, with respect to the T. Rowe Price Equity Series, Inc., T. Rowe Price Fixed Income Series, Inc. and T. Rowe Price International Series, Inc. (the “Fund” and collectively, the “Funds”).
FUND PARTICIPATION AND SERVICE AGREEMENTParticipation Agreement • April 28th, 2021 • Guardian Separate Account R • New York
The Guardian Insurance & Annuity Company, Inc. (“ Insurance Company”), for itself and on behalf of one or more separate accounts of the Insurance Company (“Separate Accounts”), American Funds Distributors, Inc. (“ AFD”), American Funds Service Company (“Transfer Agent”), Capital Research and Management Company (“CRMC”), and the American Funds Insurance Series (the “Series”), an open-end investment company for which AFD, CRMC and Transfer Agent provide services and which is divided into funds (hereinafter collectively called the “Funds” and, individually, a “ Fund”), for good and valuable consideration, hereby agree on this May day of 1, 2017, that Class 4 shares of the Funds (“Class 4 Shares” or the shares” ) shall be made available to serve as underlying investment media for certain variable annuity contracts (hereinafter called “Contract(s)”; holders of such Contracts hereinafter called “Contractholder(s)”) to be offered by the Insurance Company subject to the following provisions:
PARTICIPATION AGREEMENT Among Rydex Variable Trust, Guggenheim Distributors, LLC And The Guardian Insurance & Annuity Company, Inc.Participation Agreement • April 28th, 2021 • Guardian Separate Account R • New York
THIS AGREEMENT , made and entered into as of this 13th day of June, 2013 by and among The Guardian Insurance & Annuity Company, Inc.(hereinafter the “Company”), a Delaware corporation , on its own behalf and on behalf of each Account (defined below), RYDEX VARIABLE TRUST, a Delaware statutory trust and GUGGENHEIM DISTRIBUTORS, LLC (hereinafter the “Unde rwriter”), a Kansas limited liability company.
