EX-99.8(N)(II) 9 d265113dex998nii.htm 3RD AMDMNT, TO PRTCPATN AGMT, AMNG MONY, PIMCO VARIABLE INSURANCE TRUST, & PIMCO <![CDATA[3rd amdmnt, to Prtcpatn agmt, amng MONY, PIMCO Variable Insurance Trust, & PIMCO]]>

THIRD AMENDMENT

TO

PARTICIPATION AGREEMENT

Third Amendment, effective October 20, 2009 to The Participation Agreement, (the “Agreement”), dated December 1, 2001, as amended, by and among MONY Life Insurance Company (the “Company”), PIMCO Variable Insurance Trust, and Allianz Global Investors Distributors (formerly known as PIMCO Funds Distributors LLC), (collectively, the “Parties”).

WHEREAS, MONY Life Insurance Company merged with AXA Financial, Inc., the parent company of AXA Equitable Life Insurance Company (“AXA Equitable”), a New York Life Insurance Company; and

WHEREAS, the Parties wish to add AXA Equitable as a Party to the Agreement.

The Parties hereby agree to amend the Agreement as follows:

1. Additional Party. AXA Equitable is hereby added as a party to the Agreement and the defined term “Company” shall be deemed to include AXA Equitable.

2. Schedule A. Schedule A of the Agreement is hereby deleted in its entirety and replaced with the attached “Schedule A”.

Except as modified and amended hereby, the Agreement is hereby ratified and confirmed in full force and effect in accordance with its terms.

IN WITNESS WHEREOF, the Parties have executed and delivered this Third Amendment as of the date first above set forth.

 

 

LOGO   PIMCO VARIABLE INSURANCE TRUST    

ALLIANZ GLOBAL INVESTORS

DISTRIBUTORS LLC

  By:   /s/ Peter G. Strelow     By:   /s/ Steven B. Plump
  Name:   Peter G. Strelow     Name:   Steven B. Plump
  Title:   Vice President     Title:   EUP
  Date:   October 20, 2009     Date:   10/20/09
 

AXA EQUITABLE LIFE INSURANCE COMPANY, on behalf of

itself and its separate accounts

  

MONY LIFE INSURANCE COMPANY, on behalf of

itself and its separate accounts

  By:   /s/ Steven M. Joenk     By:   /s/ Steven M. Joenk
  Name:   Steven M. Joenk     Name:   Steven M. Joenk
  Title:   Senior Vice President     Title:   Senior Vice President
  Date:         Date:    

 

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SCHEDULE A

PIMCO Variable Insurance Trust Portfolios:

All Portfolios of PIMCO Variable Insurance Trust

 

Separate Account and Dates Established

   

Contracts

MONY Variable Account L November 28, 1990

    All Contracts Supported by the Separate Account

MONY Variable Account A November 28, 1990

    All Contracts Supported by the Separate Account

AXA Equitable Separate Account 49 November 17, 1994

    All Contracts Supported by the Separate Account

AXA Equitable Separate Account 65 September 19, 1996

    All Contracts Supported by the Separate Account

 

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