AMENDMENT NO. 6 TO PARTICIPATION AGREEMENT AMONG TRANSAMERICA SERIES TRUST, TRANSAMERICA CAPITAL, INC. AND TRANSAMERICA ADVISORS LIFE INSURANCE COMPANY
(Insurance)
Exhibit 8(mmm)(7)
Amendment No. 6 to Participation Agreement (TST)
AMENDMENT NO. 6
TO
AMONG
TRANSAMERICA SERIES TRUST,
TRANSAMERICA CAPITAL, INC. AND
TRANSAMERICA ADVISORS LIFE INSURANCE COMPANY
Amendment to the Participation Agreement (the “Agreement”), dated October 20, 2008, among Transamerica Advisors Life Insurance Company, an Arkansas corporation (the “Insurance Company”), Transamerica Series Trust, a Delaware statutory trust (the “Trust”) and Transamerica Capital, Inc., a California company (the “Distributor”).
WHEREAS, the Insurance Company, the Trust and the Distributor, desire to amend the Agreement, as provided herein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. The existing first paragraph is deleted in its entirety and replaced with the following:
THIS AGREEMENT, made and entered into this 20th day of October , 2008, by and among Transamerica Advisors Life Insurance Company, an Arkansas life insurance company (the “Insurance Company”), on its own behalf and on behalf of each segregated asset account of the Insurance Company set forth on Schedule A hereto, as may be revised from time to time, with notice to all parties, (each such account hereinafter referred to as the “Account”), Transamerica Series Trust, a Delaware statutory trust (the “Trust”) and Transamerica Capital, Inc., a California company (the “Distributor”).
2. The existing seventh “WHEREAS” clause is deleted in its entirety and replaced with the following:
WHEREAS, the Insurance Company has registered under the 1933 Act, or will register under the 1993 Act, certain variable annuity or variable life insurance contracts identified on Schedule A to this Agreement, as revised from time to time with notice to all parties hereto (the “Contracts”).
3. A new paragraph, numbered consecutively, is added to Article II. Representations, Warranties and Agreements, as follows:
2.11 Commodity Pool Operator.
Fund and Fund Manager each agree to promptly notify Insurer when any underlying fund becomes a commodity pool operator (“CPO”) as defined under the Commodities Exchange Act (“CEA”), and Fund Manager is required to register with the Commodity Futures Trading Commission (“CFTC”) as a CPO with respect to any underlying fund. Until such notification is provided to Insurer, Fund represents and warrants that it is not a CPO, and Fund Manager represents and warrants it is not required to register as a CPO with respect to any underlying fund. Fund and Fund Manager each represent and warrant that it will at all times comply with the CEA and CFTC rules and regulations to the extent required.
4. The parties agree to combine existing Schedules A, B and C into a single schedule, hereby referenced as “Schedule A”. Existing Schedules A, B and C of the Agreement are hereby deleted in their entirety and replaced with the attached Schedule A, which may be revised from time to time, with notice to all parties. All references to Schedule B or Schedule C in the Agreement are hereafter, a reference to Schedule A. Schedule D to the Agreement is renamed Schedule B. All references to Schedule D in the Agreement are hereafter, a reference to Schedule B.
All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. Unless otherwise specified, all defined terms shall have the same meaning given to them in the Agreement.
Effective Date: May 1, 2013
| TRANSAMERICA SERIES TRUST | TRANSAMERICA CAPITAL, INC. | |||||||
| By: | /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
By: | /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | |||||
| Name: | ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ | Name: | ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | |||||
| Title: | Assistant Secretary | Title: | Vice President | |||||
| TRANSAMERICA ADVISORS LIFE INSURANCE COMPANY | ||||||||
| By: | /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ |
|||||||
| Name: | ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ | |||||||
| Title: | Vice President | |||||||
SCHEDULE A
Revised May 1, 2013
SEPARATE ACCOUNTS and
DATE OF RESOLUTION OF INSURANCE COMPANY’S BOARD
WHICH ESTABLISHED THE ACCOUNTS
▇▇▇▇▇▇▇ ▇▇▇▇▇ Life Variable Annuity
Separate Account A - August 6, 1991
▇▇▇▇▇▇▇ ▇▇▇▇▇ Life Variable Annuity
Separate Account C - November 16, 2001
▇▇▇▇▇▇▇ ▇▇▇▇▇ Life Variable Annuity
Separate Account B – August 6, 1991
POLICIES/CONTRACTS
▇▇▇▇▇▇▇ ▇▇▇▇▇ Investor Choice AnnuitySM (Investor Series)
▇▇▇▇▇▇▇ ▇▇▇▇▇ Consults Annuity®
▇▇▇▇▇▇▇ ▇▇▇▇▇ Retirement Plus®
PORTFOLIOS – SERVICE CLASS SHARES
Transamerica AEGON U.S. Government Securities VP
Transamerica AllianceBernstein Dynamic Allocation VP
Transamerica Barrow Hanley Dividend Focused VP
Transamerica BlackRock Tactical Allocation VP
Transamerica BNP Paribas Large Cap Growth VP
Transamerica ▇▇▇▇▇▇▇▇ Growth VP
Transamerica JPMorgan Enhanced Index VP
Transamerica JPMorgan Mid Cap Value VP
Transamerica Market Participation Strategy VP
Transamerica MFS International Equity VP
Transamerica ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Mid-Cap Growth VP
Transamerica PIMCO Tactical – Balanced VP
Transamerica PIMCO Tactical Conservative –VP
Transamerica PIMCO Tactical – GrowthVP
Transamerica PIMCO Total Return VP
Transamerica Systematic Small/Mid Cap Value VP
Transamerica ▇. ▇▇▇▇ Price Small Cap VP
Transamerica TS&W International Equity VP
Transamerica WMC Diversified Growth VP
Transamerica AEGON Active Asset Allocation – Conservative VP
Transamerica AEGON Active Asset Allocation – Moderate Growth VP
Transamerica AEGON Active Asset Allocation – Moderate VP
Transamerica ▇▇▇▇ ▇▇▇▇▇ Dynamic Allocation - Balanced VP
Transamerica ▇▇▇▇ ▇▇▇▇▇ Dynamic Allocation - Growth VP
Transamerica Vanguard EFT Portfolio – Balanced VP
Transamerica Vanguard EFT Portfolio - Conservative VP
Transamerica Vanguard EFT Portfolio - Growth VP