Exhibit (h) (4) (c)
October 17,2011
American Funds Insurance Series
▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇/▇▇/ ▇▇▇▇▇
▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Senior Vice President
Re: (1)Fund Participation Agreement among First SunAmerica Life Insurance
Company, SunAmerica Series Trust, American Funds Insurance Series, and
Capital Research and Management Company, dated August 30, 2006, as
amended.
(2)Fund Participation Agreement among First SunAmerica Life Insurance
Company, American Funds Insurance Series, and Capital Research and
Management Company, dated December 2, 2002, as amended.
(3)Business Agreement among First SunAmerica Life Insurance Company,
SunAmerica Capital Services, Inc., American Funds Distributors, Inc.,
and Capital Research and Management Company, dated September 1, 2006
(4)Business Agreement among First SunAmerica Life Insurance Company,
SunAmerica Capital Services, Inc., American Funds Distributors, Inc.,
and Capital Research and Management Company, dated December 2, 2002
(5)Information Sharing Agreement between American Funds Service Company and
First SunAmerica Life Insurance Company, dated April 16, 2007
(each an "Agreement", and collectively, the "Agreements")
Dear Fund Partner:
As you may already be aware, First SunAmerica Life Insurance Company ("FSA")
will be merging with and into The United States Life Insurance Company in the
City of New York ("USL"), the surviving company, effective January 1, 2012
(hereinafter referred to as the "Merger").
Your companies and/or related trusts have agreements with FSA pursuant to
which a trust acted as an investment vehicle for separate accounts established
by FSA for variable annuity contracts (the "Contracts").
As a result of the Merger, if FSA was a party to the Agreements, then all
rights, duties and obligations arising under the Agreements would be
effectively assumed by USL which company will assume the rights, duties and
obligations of FSA thereunder.
To the extent applicable law and/or any of the Agreements require prior
written consent for the assignment and continuation of the Agreements, please
sign below indicating such consent to assign the rights, duties and obligations
of FSA to USL. To the extent applicable, your signature below is deemed consent
to an effective date of January 1, 2012 of any of the Agreement(s) providing
for the payment of fees pursuant to Rule 12b-1 of the Investment Company Act of
1940, as amended, under the terms of such agreement(s). The foregoing shall not
affect any existing obligation to pay such fees through December 31, 2011 or
subsequent to the new effective date.
American Funds
October 17,2011
Page 2 of 3
Except to the extent amended by this letter agreement, the Agreements shall
remain unchanged and in full force and effect, and are hereby ratified,
re-executed, and confirmed in all respects. This letter may be signed in
counterparts, all of which, taken together, are deemed to be an original.
Signatures may be sent via facsimile or e-mail. Kindly respond within two weeks
of your receipt of this letter.
If you have any questions regarding this matter, please contact ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ or ▇▇▇▇▇ ▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇.
FIRST SUNAMERICA LIFE INSURANCE COMPANY
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
-------------------------
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: SVP & General Counsel
THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
-------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Senior Vice President
Consented to, acknowledged and agreed:
SUNAMERICA SERIES TRUST
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
-------------------------
Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: VP & Secretary
SUNAMERICA CAPITAL SERVICES, INC.
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
-------------------------
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: VP
AMERICAN FUNDS INSURANCE SERIES
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
-------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Secretary
American Funds
October 17, 2011
Page 3 of 3
AMERICAN FUNDS SERVICE COMPANY
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
-------------------------
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Secretary
CAPITAL RESEARCH AND MANAGEMENT COMPANY
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
-------------------------
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Senior Vice President and
Secretary