AMENDMENT NO. 3
PARTICIPATION AGREEMENT
Amendment No. 3 to the Participation Agreement, (the “Agreement”), dated July 1, 2005, by and among AIM Variable Insurance Funds, a Delaware Trust (“AVIF”), Invesco Aim Distributors, Inc., a Delaware corporation (“AIM”), AXA Equitable Life Insurance Company, a New York life insurance company (“LIFE COMPANY”), on behalf of itself and each of its segregated asset accounts listed in Schedule A hereto, as the parties hereto may amend from time to time (each, an “Account,” and collectively, the “Accounts”); and AXA Advisors, LLC and AXA Distributors LLC, each an affiliate of LIFE COMPANY and the principal underwriters of the contracts (“UNDERWRITER”) (collectively, the “Parties”).
WHEREAS, effective April 30, 2010, AIM Variable Insurance Funds will be renamed AIM Variable Insurance Funds (Invesco Variable Insurance Funds).
WHEREAS, effective April 30, 2010, Invesco Aim Distributors, Inc. will be renamed Invesco Distributors, Inc.
The Parties hereby agree to amend the Agreement as follows:
1. All references to AIM Variable Insurance Funds will hereby be deleted and replaced with AIM Variable Insurance Funds (Invesco Variable Insurance Funds);
2. All references to Invesco Aim Distributors, Inc. will hereby be deleted and replaced with Invesco Distributors, Inc.
3. Schedules A of the Agreement are hereby deleted in their entirety and replaced with the following:
SCHEDULE A
FUNDS AVAILABLE UNDER THE CONTRACTS
ALL SERIES I SHARES AND SERIES II SHARES OF AIM VARIABLE INSURANCE FUNDS (INVESCO VARIABLE INSURANCE FUNDS)
ACCOUNTS UTILIZING THE FUNDS
ALL ACCOUNTS UTILIZING THE FUNDS
CONTRACTS FUNDED BY THE ACCOUNTS
ALL CONTRACTS FUNDED BY THE ACCOUNTS
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All other terms and provisions of the Agreement not amended herein shall remain in full force and effect.
Effective date: April 30, 2010.
AIM VARIABLE INSURANCE FUNDS | ||||||||||
(INVESCO VARIABLE INSURANCE FUNDS) | ||||||||||
Attest: | /s/ Peter Davidson | By: | /s/ John M. Zerr | |||||||
Name: | Peter Davidson | Name: | John M. Zerr | |||||||
Title: | Assistant Secretary | Title: | Senior Vice President | |||||||
INVESCO DISTRIBUTORS, INC. | ||||||||||
Attest: | /s/ Peter Davidson | By: | /s/ John S. Cooper | |||||||
Name: | Peter Davidson | Name: | John S. Cooper | |||||||
Title: | Assistant Secretary | Title: | President | |||||||
AXA EQUITABLE LIFE INSURANCE COMPANY, | ||||||||||
on behalf of itself and its separate accounts | ||||||||||
Attest: | /s/ Kenneth Beitler | By: | /s/ Steven M. Joenk | |||||||
Name: | Kenneth Beitler | Name: | Steven M. Joenk | |||||||
Title: | Vice President | Title: | Senior Vice President | |||||||
AXA ADVISORS, LLC | ||||||||||
Attest: | /s/ Kenneth Beitler | By: | /s/ Christine Nigro | |||||||
Name: | Kenneth Beitler | Name: | Christine Nigro | |||||||
Title: | Vice President | Title: | Senior Vice President | |||||||
AXA DISTRIBUTORS, LLC | ||||||||||
Attest: | /s/ Kenneth Beitler | By: | /s/Phillip D. Meserve | |||||||
Name: | Kenneth Beitler | Name: | Philip D. Meserve | |||||||
Title: | Vice President | Title: | Executive Vice President |
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