AMENDMENT TO FUND PARTICIPATION AGREEMENT
Exhibit (h)(A42)
AMENDMENT TO FUND PARTICIPATION AGREEMENT
This Amendment (“Amendment”) is entered into as of March 1, 2022, by and among Teachers Insurance and Annuity Association of America (the “Company”) on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A of the Agreement as may be amended from time to time, and BlackRock Advisors, LLC (“Adviser”), and BlackRock Investments, LLC (“Underwriter”).
RECITALS
WHEREAS, the parties entered into an Agreement dated October 1, 2020, as amended (collectively referred to as the “Agreement”);
WHEREAS, the parties desire to amend Schedule A to the Agreement as well as other provisions to the Agreement as set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, which consideration is full and complete, the parties hereby agree to amend the Agreement as follows:
1. Amendment
Schedule A. Schedule A of the Agreement is deleted in its entirety and replaced with Schedule A attached hereto.
2. The first WHEREAS clause of the Agreement is hereby deleted and replaced with the following:
WHEREAS, the “Fund” is each registered open-end management investment company under the Investment Company Act of 1940, as amended, (hereinafter the “1940 Act”), and shares of the Fund are registered under the Securities Act of 1933, as amended (hereinafter the “ 1933 Act”), and the Adviser, the Underwriter, the Fund(s) and Designated Portfolios (as hereinafter defined) are collectively referred to as “Fund Parties”; and
2. Continuing Provisions of the Agreement. Except as otherwise specifically set forth in this Amendment, all other terms of the Agreement shall remain unchanged and continue in full force and effect. To the extent that provisions of the Agreement and this Amendment are in conflict, the terms of this Amendment shall control.
3. Counterpart Signatures. This Amendment may be executed in any number of counterpart signatures with the same effect as if the parties had all signed the same document. Facsimile signatures shall have the same effect as manual signatures. All counterpart signatures shall be construed together and shall constitute one agreement.
4. Capitalized terms not defined in this Amendment shall have the meanings ascribed to them in the Agreement.
5. This Amendment shall be governed by the laws of such jurisdiction specified in, and construed in accordance with, the Agreement.
IN WITNESS WHEREOF, the undersigned has caused this Amendment to be executed as of the date first above written.
TEACHERS INSURANCE AND ANNUITY
ASSOCIATION OF AMERICA
By: |
| |
Title: | ||
Date: |
By: |
| |
Title: | ||
Date: |
BLACKROCK ADVISORS, LLC
By: |
| |
Print Name: |
| |
Title: |
| |
Date executed: |
|
BLACKROCK INVESTMENTS, LLC
By: |
| |
Print Name: |
| |
Title: |
| |
Date executed: |
|
2
SCHEDULE A
Name of Separate Account and Date Established By Board of Trustees |
Contracts Funded by Separate Account |
Designated Portfolios | ||
TIAA Separate Account VA-3 May 17, 2006 |
Access Annuities | iShares Xxxxxxx Mid-Cap 3 Index Fund, US Fund High Yield Bond Fund, and US Fund Inflation-Protected Bond Fund (collectively referred to as the “Portfolio”) |
3