EXHIBIT (3)(a)(2)
AMENDMENT ▇▇. ▇
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This Amendment to the Agreement is effective this 1st day of May, 2002, by and
between AFSG Securities Corporation, formerly Providian Securities Corporation
and Peoples Benefit Life Insurance Company, formerly Providian Life and Health
Insurance Company (hereinafter Amendment).
WHEREAS, Providian Securities Corporation and Providian Life and Health
Insurance Company are parties to an intercompany agreement captioned "Principal
Underwriting Agreement", dated on the 1st day of August 1992 (hereinafter
referred to as the "Agreement");
WHEREAS, Providian Securities Corporation has changed its name to AFSG
Securities Corporation; Providian Life and Health Insurance Company has changed
its name to Peoples Benefit Life Insurance Company; and Providian Life and
Health Insurance Company Separate Account V has changed its name to Peoples
Benefit Life Insurance Company Separate Account V; and
WHEREAS, AFSG Securities Corporation and Peoples Benefit Life Insurance Company
wish to amend the Agreement in order to insert the new names into the Agreement;
and
WHEREAS, AFSG Securities Corporation and Peoples Benefit Life Insurance Company
wish to amend the Agreement to include Exhibit A attached hereto and made a part
of this Agreement which will include the names of the separate investment
accounts of Peoples Benefit Life Insurance Company that are parties to this
Agreement.
NOW, THEREFORE, in consideration of the above premises and of the mutual
promises contained herein and the mutual benefits to be derived herefrom, the
parties, intending to be legally bound, hereby agree as follows:
1. Agreement Remains Effective. Unless expressly modified by this
Amendment, all terms and conditions contained in the Agreement shall remain in
effect accordance with the terms of the Agreement.
2. Amendment of Introductory Paragraph. The parties agree that the
Introductory Paragraph of the Agreement shall be amended as follows:
THIS PRINCIPAL UNDERWRITING AGREEMENT made and effective as of the 1st day of
August, 1992, by and between AFSG Securities Corporation ("AFSG"), a
Pennsylvania corporation, and Peoples Benefit Life Insurance Company, ("PBL"),
an Iowa corporation, on its own behalf and on behalf of the separate investment
accounts of PBL set forth in Exhibit A attached hereto and made a part hereof
(collectively, the "Account").
All references to the parties throughout the agreement shall be changed to
reflect the new names of the parties.
3. Entire Agreement and Modification. This Amendment and the Agreement
contain the entire understanding and agreement between the parties hereto and
supersede all prior or contemporaneous agreements relative to the subject matter
of the Agreement. This Amendment and the Agreement may not be amended, modified,
supplemented or changed, in any respect whatsoever, except by a written
agreement duly executed by the parties listed below.
IN WITNESS WHEREOF, the parties, by their duly authorized officers, have
executed this Amendment on the dates indicated.
AFSG SECURITIES CORPORATION PEOPLES BENEFIT LIFE INSURANCE COMPANY
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇
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Title: Vice President and Title: Vice President
Chief Compliance Officer
EXHIBIT A
Peoples Benefit Life Insurance Company Separate Account V