EXHIBIT (8)(g)(1) Form of Amendment No. 5 Participation Agreement (Franklin Templeton)
EXHIBIT (8)(g)(1)
Form of Amendment No. 5 Participation
Agreement (Franklin ▇▇▇▇▇▇▇▇▇)
Amendment No. 5 to Participation Agreement
Franklin ▇▇▇▇▇▇▇▇▇ Variable Insurance Products Trust
Franklin/▇▇▇▇▇▇▇▇▇ Distributors, Inc.
Transamerica Financial Life Insurance Company
Transamerica Capital, Inc.
Franklin ▇▇▇▇▇▇▇▇▇ Variable Insurance Products Trust (the “Trust”), Franklin/▇▇▇▇▇▇▇▇▇ Distributors, Inc. (the “Underwriter,” and together with the Trust, “we” or “us”), Transamerica Financial Life Insurance Company (the “Company” or “you”), and Transamerica Capital, Inc., your distributor, on your behalf and on behalf of certain Accounts, have previously entered into a Participation Agreement dated as of May 1, 2004 and subsequently amended as of May 3, 2004, April 29, 2005, May 1, 2007, and July 30, 2007 (the “Agreement”). The parties now desire to amend the Agreement by this amendment (the “Amendment”).
Except as modified hereby, all other terms and conditions of the Agreement shall remain in full force and effect. Unless otherwise indicated, the terms defined in the Agreement shall have the same meaning in this Amendment.
A M E N D M E N T
| 1. | Schedules B, C, and D of the Agreement are deleted and replaced in their entirety with the Schedules B, C, and D attached hereto, respectively. |
| 2. | All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. |
IN WITNESS WHEREOF, each of the parties has caused its duly authorized officers to execute this Amendment effective as of January 10, 2008.
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| The Trust: | FRANKLIN ▇▇▇▇▇▇▇▇▇ VARIABLE INSURANCE PRODUCTS TRUST | |||
| Only on behalf of |
By: |
| ||
| Name: | ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ | |||
| Title: | Vice President | |||
| The Underwriter: | FRANKLIN/▇▇▇▇▇▇▇▇▇ DISTRIBUTORS, INC. | |||
| By: |
| |||
| Name: | ▇▇▇▇▇▇ ▇▇▇▇▇▇ | |||
| Title: | Senior Vice President | |||
| The Company: | TRANSAMERCA FINANCIAL LIFE INSURANCE COMPANY | |||
| By: |
| |||
| Name: | ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | |||
| Title: | Vice President | |||
| The Distributor: | TRANSAMERICA CAPITAL, INC. | |||
| By: |
| |||
| Name: | ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | |||
| Title: | Assistant Vice President | |||
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Schedule B
Accounts of the Company
| Name of Account |
SEC Registration Yes/No | |
| Separate Account VA BNY | Yes | |
| Separate Account VA GNY | Yes | |
| Separate Account VA WNY | Yes | |
| Separate Account VA YNY | Yes | |
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Schedule C
Available Portfolios and Classes of Shares of the Trust
Franklin Income Securities Fund Class 2
Mutual Shares Securities Fund Class 2
▇▇▇▇▇▇▇▇▇ Foreign Securities Fund Class 2
Franklin Small-Midcap Growth Securities Fund Class 2
Franklin Small Cap Value Securities Fund Class 2
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Schedule D
Contracts of the Company
Transamerica Landmark NY Variable Annuity
Flexible Premium Variable Annuity – L (under marketing name “Transamerica Ascent”)
Flexible Premium Variable Annuity – H (under marketing name “Transamerica Liberty NY”)
Flexible Premium Variable Annuity – N (under marketing name “Transamerica Axiom NY”
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