EX-99.(H)(I)(E) 5 d865595dex99hie.htm AIM/INVESCO AMENDMENT TO PARTICIPATION AGREEMENT (NO. 9) AIM/Invesco Amendment to Participation Agreement (No. 9)

Exhibit-(h)(i)(e)

AMENDMENT NO. 9

PARTICIPATION AGREEMENT

The Participation Agreement (the “Agreement”), dated February 2, 1998, by and among AIM Variable Insurance Funds, a Delaware trust, Invesco Aim Distributors, Inc., a Delaware corporation, The Guardian Insurance & Annuity Company, Inc., a Delaware life insurance company and Guardian Investor Services LLC, a Delaware limited liability company, is hereby amended as follows:

WHEREAS, effective April 30, 2010, AIM Variable Insurance Funds will be renamed AIM Variable Insurance Funds (Invesco Variable Insurance Funds). All references to AIM Variable Insurance Funds will hereby be deleted and replaced with AIM Variable Insurance Funds (Invesco Variable Insurance Funds);

WHEREAS, effective April 30, 2010, Invesco Aim Distributors, Inc. will be renamed Invesco Distributors, Inc. All references to Invesco Aim Distributors, Inc. will hereby be deleted and replaced with Invesco Distributors, Inc.

Schedule A of the Agreement is hereby deleted in its 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
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Attest:

/s/ Josh Kutenplon

By:

/s/ Douglas Dubitsky

Name: Josh Kutenplon Name: Douglas Dubitsky
Title: Manager Title: VP
GUARDIAN INVESTOR SERVICES LLC
Attest:

/s/ Josh Kutenplon

By:

/s/ John H. Walter

Name: Josh Kutenplon Name: John H. Walter
Title: Manager Title: Senior Vice President

 

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