Exhibit (d)(16)(iii)
AMENDMENT NO. 1 TO
AMENDED AND RESTATED
INVESTMENT ADVISORY AGREEMENT
AMENDMENT NO. 1 to Amended and Restated Investment Advisory Agreement
("Amendment No. 1"), dated as of December 12, 2003, between The Equitable Life
Assurance Society of the United States, a New York stock life insurance
corporation (the "Manager") and Wellington Management Company, LLP, a limited
liability partnership organized under the laws of the Commonwealth of
Massachusetts ("Adviser"), with respect to the AXA Premier VIP Trust.
The Manager and the Adviser agree to modify and amend the Amended and
Restated Investment Advisory Agreement (the "Agreement") dated as of August 18,
2003 between them as follows:
1. Fund. The Manager hereby appoints the Adviser as one of the investment
advisers for the AXA Premier VIP Technology Portfolio on the terms and
conditions set forth in the Agreement.
2. Appendix A. Appendix A to the Agreement, setting forth the Funds of
the Trust for which the Adviser is appointed as the investment adviser
and the fees payable to the Adviser with respect to each Fund, is
hereby replaced in its entirety by Appendix A attached hereto.
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 Amendment
No. 1 as of the date first above set forth
WELLINGTON MANAGEMENT COMPANY, LLP THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
By: /s/ Xxxxxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxxx
--------------------------------- ------------------
Name: Xxxxxxxx X. Xxxxxx Xxxxx X. Xxxxx
Title: Senior Vice President Executive Vice President
APPENDIX A
TO AMENDMENT NO. 1
TO AMENDED AND RESTATED
INVESTMENT ADVISORY AGREEMENT
WITH
WELLINGTON MANAGEMENT COMPANY, LLP
Fund Annual Advisory Fee Rate**
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AXA Premier VIP Health Care Portfolio* 0.65% of the Wellington Allocated Portion's average
daily net assets up to and including $50 million;
0.55% of the Wellington Allocated Portion's average
daily net assets in excess of $50 million up to and
including $100 million; and 0.45% of the Wellington
Allocated Portion's average daily net assets in
excess of $100 million
Small/Mid Cap Value Portfolios, which shall consist 0.55% of the Wellington Allocated Portions' average
of the following Allocated Portion and Other daily net assets up to and including $200 million;
Allocated Portion*** (collectively referred to as and 0.45% of the Wellington Allocated Portion's
"Small/Mid Cap Value Portfolios"): average daily net assets in excess of $200 million
AXA Premier VIP Small/Mid Cap Value Portfolio*
AXA Premier Small/Mid Cap Value Fund*
Technology Portfolios, which shall consist of the 0.65% of the Wellington Allocated Portions' average
following Allocated Portion and Other Allocated daily net assets up to and including $50 million;
Portion*** (collectively referred to as "Technology 0.55% of the Wellington Allocated Portions' average
Portfolios"): daily net assets in excess of $50 million up to and
including $100 million; and 0.45% of the Wellington
AXA Premier VIP Technology Portfolio* Allocated Portions' average daily net assets in
AXA Premier Technology Fund* excess of $100 million
EQ/Technology Portfolio*
* Fee to be paid with respect to this Fund shall be based only on the portion
of the Fund's average daily net assets advised by the Adviser, which may be
referred to as the "Wellington Allocated Portion."
** The daily advisory fee for the Wellington Allocated Portion is calculated
by multiplying the aggregate net assets of the Wellington Allocated Portion
at the close of the immediately preceding business day by the annual
Advisory Fee Rate calculated as set forth above and then dividing the
result by the number of days in the year.
***Other Allocated Portions are other registered investment companies (or
series or portions thereof) that are managed by the Manager and advised by
the Adviser, which are classified as "Small/Mid Cap Value Portfolios" or
"Technology Portfolios".
