0001193125-24-117850 Sample Contracts

INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • April 26th, 2024 • Eq Advisors Trust • New York

INVESTMENT SUB-ADVISORY AGREEMENT, effective as of November 12, 2023, by and between Equitable Investment Management Group, LLC, a limited liability company organized in the State of Delaware (“Adviser”), and Brandywine Global Investment Management, LLC, a limited liability company organized in the State of Delaware (“Sub-Adviser”).

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AMENDMENT NO. 12 TO THE AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 12 effective November 12, 2023 (Amendment No. 12”), to the Amended and Restated Investment Advisory Agreement dated July 16, 2020 (“Agreement”) between EQ Advisors Trust, a Delaware statutory trust (“Trust”), and Equitable Investment Management Group, LLC, a limited liability company organized in the State of Delaware (“Adviser”).

AMENDMENT NO. 4 EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4 effective November 12, 2023 (“Amendment No. 4”) to the Expense Limitation Agreement dated January 1, 2023 (“Agreement”) between Equitable Investment Management Group, LLC (the “Adviser”), Equitable Investment Management, LLC (the “Administrator”) and EQ Advisors Trust (the “Trust”).

AMENDMENT NO. 9 DISTRIBUTION AGREEMENT EQ ADVISORS TRUST – EQUITABLE DISTRIBUTORS, LLC – CLASS IB SHARES
Distribution Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 9 dated as of November 12, 2023 (“Amendment No. 9”) to the Distribution Agreement dated as of July 16, 2020 (the “Agreement”) between EQ Advisors Trust, a Delaware statutory trust (the “Trust”), and Equitable Distributors, LLC (the “Distributor”), relating to Class IB shares.

AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and The Bank of New York Mellon (“BNY Mellon”), solely in its capacity as Trustee and on behalf of the SPDR S&P MidCap 400 ETF Trust.

AMENDMENT NO. 5 EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 5 effective December 20, 2023 (“Amendment No. 5”) to the Expense Limitation Agreement dated January 1, 2023 (“Agreement”) between Equitable Investment Management Group, LLC (the “Adviser”), Equitable Investment Management, LLC (the “Administrator”) and EQ Advisors Trust (the “Trust”).

AMENDMENT NO. 24 AMENDED AND RESTATED PARTICIPATION AGREEMENT
Participation Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 24, dated as of November 12, 2023 (“Amendment No. 24”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), Equitable Financial Life Insurance Company of America and Equitable Distributors, LLC (collectively, the “Parties”).

AMENDMENT NO. 45 AMENDED AND RESTATED GLOBAL CUSTODY AGREEMENT
Global Custody Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 45, dated as of November 12, 2023 (“Amendment No. 45”), to the Amended and Restated Global Custody Agreement, dated as of February 1, 2002, as amended (“Agreement”), by and between EQ Advisors Trust (“Trust”), on behalf of each of the portfolios designated on Schedule C thereto, and JPMorgan Chase Bank, N.A. (“Bank”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Agreement.

EQ ADVISORS TRUST AMENDMENT NO. 3 TO THE INVESTMENT SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 3 effective as of November 12, 2023 (“Amendment No. 3) to the Investment Sub-Advisory Agreement dated as of July 16, 2020 (“Agreement”) between Equitable Investment Management Group, LLC, a limited liability company organized under the laws of the State of Delaware (“EIM” or “Adviser”), and Loomis, Sayles & Company, L.P., a Delaware partnership (“Loomis Sayles” or “Sub-Adviser”).

AMENDMENT NO. 3 TO THE MUTUAL FUNDS SERVICE AGREEMENT
Mutual Funds Service Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 3 effective November 12, 2023 (“Amendment No. 3”), to the Mutual Funds Service Agreement dated as of January 1, 2023 (“Agreement”) between EQ Advisors Trust, a Delaware statutory trust (“Trust”), Equitable Investment Management, LLC (“Administrator”), a limited liability company organized in the State of Delaware, and Equitable Investment Management Group, LLC (“EIM or “Adviser”), a limited liability company organized in the State of Delaware.

EQ ADVISORS TRUST AMENDMENT NO. 4 TO THE INVESTMENT SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 4 effective as of July 27, 2023 (“Amendment No. 4”) to the Investment Sub-Advisory Agreement dated July 16, 2020, as amended, between Equitable Investment Management Group, LLC, a Delaware limited liability company (“EIM” or “Adviser”) and Invesco Advisers, Inc., a Delaware corporation (“Invesco” or “Sub-Adviser”).

AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, effective as of December 19, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and SPDR Series Trust, SPDR Index Shares Funds and SSGA Active Trust (“SPDR Trusts”).

AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and WisdomTree Trust.

AMENDMENT NO. 22 SECOND AMENDED AND RESTATED PARTICIPATION AGREEMENT
Participation Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 22, dated as of November 12, 2023 (“Amendment No. 22”), to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), Equitable Financial Life Insurance Company, Equitable Investment Management Group, LLC and Equitable Distributors, LLC (collectively, the “Parties”).

EQ ADVISORS TRUST AMENDMENT NO. 2 TO THE INVESTMENT SUB-ADVISORY AGREEMENT
Eq Advisors Trust • April 26th, 2024

AMENDMENT NO. 2 effective as of October 1, 2023 (“Amendment No. 2”) to the Investment Sub-Advisory Agreement dated as of July 16, 2020, as amended (“Agreement”) between Equitable Investment Management Group, LLC, a limited liability company organized under the laws of the State of Delaware (“EIM” or “Adviser”) and Pacific Investment Management Company LLC, a limited liability company organized in the State of Delaware (“PIMCO” or “Sub-Adviser”).

EQ ADVISORS TRUST AMENDMENT NO. 6 TO THE INVESTMENT SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 6 effective as of November 12, 2023 (“Amendment No. 6”) to the Investment Sub-Advisory Agreement dated as of July 16, 2020, as amended, between Equitable Investment Management Group, LLC, a limited liability company organized under the laws of the State of Delaware (“EIM” or “Adviser”) and AXA Investment Managers US Inc., a corporation organized in the State of Delaware (“AXA IM” or “Sub-Adviser”), (the “Agreement”).

AMENDMENT NO. 23 AMENDED AND RESTATED PARTICIPATION AGREEMENT
Participation Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 23, dated as of October 20, 2023 (“Amendment No. 23”), to the Amended and Restated Participation Agreement, dated May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), Equitable Financial Life Insurance Company of America (the “Company”) and Equitable Distributors, LLC (the “Distributor”) (collectively, the “Parties”).

NOVATION AGREEMENT
Novation Agreement • April 26th, 2024 • Eq Advisors Trust

THIS NOVATION AGREEMENT (the “Novation Agreement”) is made and entered into as of September 1, 2023, by and among Mellon Investments Corporation (“MIC” and “Assignee”), acting by and through its Dreyfus division (“Dreyfus”), BNY Mellon Investment Adviser, Inc. (“BNYM Adviser” and “Assignor”), and Equitable Investment Management Group, LLC (“Equitable” and “Remaining Party”).

EQ ADVISORS TRUST AMENDMENT NO. 1 TO THE INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 1 effective as of November 4, 2022 (“Amendment No. 1) to the Investment Sub-Advisory Agreement dated August 7, 2021, between Equitable Investment Management Group, LLC, a Delaware limited liability company (“EIM” or “Adviser”) and Franklin Advisers Inc., a corporation organized in the State of California (“Franklin Advisers” or “Sub-Adviser”), (the “Agreement”).

EQ ADVISORS TRUST AMENDMENT NO. 1 TO THE INVESTMENT SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 1 effective as of July 27, 2023 (“Amendment No. 1”) to the Investment Sub-Advisory Agreement dated July 16, 2020 between Equitable Investment Management Group, LLC, a Delaware limited liability company (“EIM” or “Adviser”) and Morgan Stanley Investment Management Inc., a Delaware corporation (“Sub-Adviser”).

AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust, 1290 Funds, BlackRock ETF Trust, BlackRock ETF Trust II, iShares Trust, iShares, Inc. and iShares U.S. ETF Trust (“Registrants”).

EQ ADVISORS TRUST FORM OF AMENDMENT NO. 1 TO THE INVESTMENT SUB-ADVISORY AGREEMENT
Eq Advisors Trust • April 26th, 2024

FORM OF AMENDMENT NO. 1 effective as of May 1, 2024 to the Investment Sub-Advisory Agreement dated as of July 16, 2020 (“Agreement”) between Equitable Investment Management Group, LLC, a limited liability company organized in the State of Delaware (“EIM” or “Adviser”), and Harris Associates LP, a limited partnership organized in the State of Delaware (“Harris Associates” or “Sub-Adviser”).

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AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, dated December 20, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (each, an “Acquiring Registrant”) and IndexIQ ETF Trust (the “Acquired Registrant”).

AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and the J.P. Morgan Exchange-Traded Fund Trust (“JPM Trust”).

AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), between 1290 Funds and EQ Advisors Trust (“EQ Trusts”) and AB Cap Fund, Inc. (“AB Cap”) on behalf of its series AB Small Cap Growth Portfolio.

AMENDMENT NO. 4 DISTRIBUTION AGREEMENT EQ ADVISORS TRUST – EQUITABLE DISTRIBUTORS, LLC – CLASS IA SHARES
Distribution Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 4 dated as of November 12, 2023 (“Amendment No. 4”), to the Distribution Agreement, dated as of July 16, 2020 (the “Agreement”) between EQ Advisors Trust, a Delaware statutory trust (the “Trust”), and Equitable Distributors, LLC (the “Distributor”), relating to Class IA shares.

AMENDMENT NO. 10 DISTRIBUTION AGREEMENT EQ ADVISORS TRUST – EQUITABLE DISTRIBUTORS, LLC – CLASS K SHARES
Distribution Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 10 dated as of December 20, 2023 (“Amendment No. 10”) to the Distribution Agreement dated as of July 16, 2020 (the “Agreement”), between EQ Advisors Trust, a Delaware statutory trust (the “Trust”), and Equitable Distributors, LLC (the “Distributor”), relating to Class K shares.

AMENDMENT NO. 5 DISTRIBUTION AGREEMENT EQ ADVISORS TRUST – EQUITABLE DISTRIBUTORS, LLC – CLASS IA SHARES
Distribution Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 5 dated as of December 20, 2023 (“Amendment No. 5”), to the Distribution Agreement, dated as of July 16, 2020 (the “Agreement”) between EQ Advisors Trust, a Delaware statutory trust (the “Trust”), and Equitable Distributors, LLC (the “Distributor”), relating to Class IA shares.

AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, effective December 20, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and SPDR S&P 500 ETF Trust and SPDR Dow Jones Industrial Average ETF Trust (“SPDR Trusts”).

EQ ADVISORS TRUST AMENDMENT NO. 1 TO THE INVESTMENT SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • April 26th, 2024 • Eq Advisors Trust

AMENDMENT NO. 1 effective as of July 27, 2023 (“Amendment No. 1”) to the Investment Sub-Advisory Agreement dated July 16, 2020 between Equitable Investment Management Group, LLC, a Delaware limited liability company (“EIM” or “Adviser”) and BlackRock Financial Management, Inc., a Delaware corporation (“Sub-Adviser”).

AMENDMENT NO. 8 TO SECURITIES LENDING AGREEMENT
Securities Lending Agreement • April 26th, 2024 • Eq Advisors Trust • New York

This amendment (“Amendment”) to the Securities Lending Agreement, dated April 11, 2016, as amended from time to time (“Agreement”), between JPMorgan Chase Bank, National Association (“J.P. Morgan”) and each Equitable investment company identified in Annex A to the Agreement (“Lender”) is effective as of November 29, 2023.

AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds, on behalf of each of their series listed in Schedule A (each, an “Acquiring Fund”) and Invesco Exchange-Traded Fund Trust, Invesco Exchange-Traded Fund Trust II, Invesco India Exchange-Traded Fund Trust, Invesco Actively Managed Exchange-Traded Fund Trust, Invesco Actively Managed Exchange-Traded Commodity Fund Trust and Invesco Exchange-Traded Self-Indexed Fund Trust, on behalf of each of their series (except such series listed on Schedule B, as may be amended from time to time) severally and not jointly (each an “Acquired Fund” and together with the “Acquiring Funds”, the “Funds”).

AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), by and between EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and ProShares Trust (“ProShares”).

AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 26th, 2024 • Eq Advisors Trust

Amendment No. 4, effective December 20, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and The Select Sector SPDR Trust (“SPDR Trust”).

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