TENTH AMENDMENT TO FUND PARTICIPATION AGREEMENT
Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona stock life insurance company (collectively “Company”), Ivy Variable Insurance Portfolios (the “Fund”), a Delaware statutory trust and Delaware Distributors, L.P. (the “Distributor”), are parties to a fund participation agreement dated October 23, 2009, as amended (the “Participation Agreement”). This Amendment (the “Amendment”) to the Participation Agreement is entered into as of October 11, 2022, 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”).
RECITALS
WHEREAS, the Parties wish to add Variable Account AA to Schedule A of the Participation Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, which consideration is full and complete, the Parties hereby agree to supplement and amend the Participation Agreement as follows:
| 1. | Schedule A of the Agreement is hereby deleted in its entirety and replaced with the attached Schedule A. |
Terms not otherwise defined in this Amendment shall have the meanings set forth in the Participation Agreement. Except as provided herein, the terms and conditions contained in the Participation Agreement shall remain in full force and effect. This Amendment may be executed in two or more counterparts, which together shall constitute one instrument.
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IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed as of the date first above written.
The Company:
Equitable Financial Life Insurance Company, on behalf of itself and each Separate Account
| By: |
| |
| Print Name: | Kenneth Kozlowski | |
| Title: | Chief Investment Officer | |
| Date: | 10/12/2022 | 6:14 AM PDT |
The Company:
Equitable Financial Life Insurance Company of America, on behalf of itself and each Separate Account
| By: |
| |
| Print Name: | Kenneth Kozlowski | |
| Title: | Chief Investment Officer | |
| Date: | 10/12/2022 | 6:14 AM PDT |
The Fund:
Ivy Variable Insurance Portfolios
| By: |
| |
| Print Name: | Daniel Geatens | |
| Title: | Head, US Fund Administration/Division Director | |
| Date: | October 11, 2022 |
The Distributor:
Delaware Distributors, L.P.
| By: |
| |
| Print Name: | Brett Wright | |
| Title: | President/Executive Director | |
| Date: | October 11, 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 |
All Contracts | |
| Separate Account FP |
All Contracts | |
| Separate Account I |
All Contracts | |
| Separate Account No. 45 |
All Contracts | |
| Separate Account No. 49 |
All Contracts | |
| Separate Account No. 65 |
All Contracts | |
| Separate Account No. 66 |
All Contracts | |
| Separate Account No. 70 |
All Contracts | |
| Separate Account No. 206 |
All Contracts | |
| Separate Account No. 301 |
All Contracts |
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 L | All Contracts | |
| Equitable America Variable Account A | All Contracts | |
| Equitable America Variable Account P | All Contracts | |
| Equitable America Variable Account K | All Contracts | |
| Equitable America Variable Account No. 70A | All Contracts | |
| Variable Account AA | All Contracts |
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