Exhibit
SEVENTH AMENDMENT TO FUND PARTICIPATION AND SERVICE AGREEMENT
Equitable Financial Life Insurance Company, a New York life insurance company, and Equitable Financial Life Insurance Company of America, an Arizona life insurance company (collectively, the Company), Capital Client Group, Inc. (CCG, or the Distributor), formerly known as American Funds Distributors, Inc., American Funds Services Company (the Transfer Agent), Capital Research and Management Company (the Advisor) and the American Funds Insurance Series (the Series), an open-end investment company for which the Distributor, the Advisor and the Transfer Agent provide services and which is divided into funds (collectively called the Funds and individually, a Fund), entered into a certain Fund Participation and Service Agreement dated January 2, 2013 (the Participation Agreement). This Amendment (the Amendment) to the Participation Agreement is entered into as of August 29, 2024, 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 Distributor, the Advisor, the Transfer Agent and the Series (collectively, the Parties).
WHEREAS, the Parties desire to amend the Agreement in certain respects;
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. | The first sentence of Section 1.a. is hereby deleted and replaced with the following: |
As distributor of the Series, CCG agrees to make Class 1, Class 4 and Class P2 shares of the Funds that offer such share classes available to the Insurance Company for itself and on behalf of the Separate Accounts on the attached Exhibit B pursuant to terms of this Agreement. Insurance Company agrees to give the Series and CRMC at least 30 (thirty) days notice prior to adding any additional Funds as underlying investment options to the Contracts.
Except as expressly set forth above, all other terms and provisions of this Agreement shall remain in full force and effect.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment as of August 29, 2024.
Equitable Financial Life Insurance Company, on behalf of itself and each Separate Account | ||
By: |
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Print Name: | Kenneth Kozlowski | |
Title: | Signatory Officer | |
Date: | 8/28/24 |
Equitable Financial Life Insurance Company of America, on behalf of itself and each Separate Account | ||
By: |
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Print Name: | Kenneth Kozlowski | |
Title: | Signatory Officer | |
Date: | 8/28/24 |
Capital Client Group, Inc. | ||
By: |
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Print Name: | AJ Aguilar | |
Title: | Vice President, Chief Compliance Officer | |
Date: | 8/29/2024 |
American Funds Service Company | ||
By: |
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Print Name: | Joshua R. Diggs | |
Title: | Authorized Signatory | |
Date: | 8/29/2024 |
Capital Research and Management Company | ||
By: |
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Print Name: | Tim McHale | |
Title: | Sr. VP & Sr. Counsel, Fund Business Group | |
Date: | 8/29/24 |
American Funds Insurance Series | ||
By: |
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Print Name: | Michael W Stockton | |
Title: | Executive Vice President | |
Date: | 8/29/2024 |