EX-99.(H)(VII)(B) 7 d865595dex99hviib.htm ALLIANCE BERNSTEIN (AB) AMENDMENT TO PARTICIPATION AGREEMENT (NO. 2) Alliance Bernstein (AB) Amendment to Participation Agreement (No. 2)

Exhibit-(h)(vii)(b)

SECOND AMENDMENT TO

PARTICIPATION AGREEMENT

THIS PARTICIPATION AGREEMENT AMENDMENT is made and entered into as of January 1, 2009 by and among The Guardian Insurance and Annuity Company, Inc., Guardian Investor Services LLC, AllianceBernstein L.P. (formerly, Alliance Capital Management L.P.) (“Adviser”) and AllianceBernstein Investments, Inc. (formerly, Alliance Fund Distributors, Inc.) (“Distributor”).

WHEREAS, the parties have entered into a Participation Agreement dated as of May 1, 2002, as amended (the “Agreement”); and

WHEREAS, the parties now desire to amend that Agreement to update the list of separate accounts by including an Amended and Restated Schedule B to the Agreement.

NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein, the parties hereby amend the Agreement as follows:

Schedule B is replaced in its entirety with “Amended and Restated Schedule B Effective as of January 1, 2009” which is attached to this Amendment.

IN WITNESS WHEREOF, the undersigned have executed this Participation Agreement Amendment as of the date set forth above.

 

The Guardian Insurance and Annuity Company, Inc. AllianceBernstein L.P.
By:

/s/ Douglas Dubitsky

By:

/s/ Marc R. Bryant

Name: Douglas Dubitsky Name: Marc R. Bryant
Title: Vice President Title: Assistant Secretary
Guardian Investor Services LLC AllianceBernstein Investments, Inc.
By:

/s/ John Walter

By:

/s/ Andrew L. Garigolf

Name: John Walter Name: Andrew L. Garigolf
Title: SVP Title: Assistant Secretary


AMENDED AND RESTATED

SCHEDULE B

Effective as of January 1, 2009

 

Separate Account A

—Value Guard II Individual and Group Deferred Variable Annuity

811-03323

Separate Account D

—The Guardian Investor Individual Variable Annuity

811-05880

Separate Account E

—The Guardian Investor Retirement Asset Manager

811-08057

Separate Account F

—The Guardian C+C Variable Annuity

811-09965

—The Guardian CXC Variable Annuity

333-148736

Separate Account K

—Park Avenue Life 95

33-83412

—Park Avenue Life 97

333-32101

—PAL Millennium

333-43682

Separate Account M

—VUL 97

333-35681

Separate Account N

—Flexible Solutions VUL

333-126483

—Flexible Solutions VUL-Gold Series

333-148736

—Executive Benefit VUL

333-151073

—VUL Millennium Series

333-92475

—SVUL Millennium Series

333-148736

Separate Account S

—The Guardian Investor Income Access Variable Annuity

333-87468

Separate Account R

—The Guardian Investor Asset Builder Variable Annuity

333-109483

—The Guardian Investor Variable Annuity L Series

333-153839

—The Guardian Investor Variable Annuity B Series

333-153840

 

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