Exhibit (h)(2)(vi)
AMENDMENT NO. 1
TO THE
SECOND AMENDED AND RESTATED
EXPENSE LIMITATION AGREEMENT
AMENDMENT NO. 1 to the Second Amended and Restated Expense Limitation
Agreement, dated as of September 1, 2000, between the Equitable Life Assurance
Society of the United States ("Equitable" or the "Manager") and EQ Advisors
Trust (the "Trust).
The Manager and Trust hereby agree to modify and amend the Second
Amended and Restated Expense Limitation Agreement (the "Expense Limitation
Agreement"), dated as of May 1, 2000 between them as follows:
1. New Portfolios. The Manager and the Trust have determined to add the
EQ/AXP New Dimensions Portfolio, EQ/AXP Strategy Aggressive Portfolio,
FI Mid Cap Portfolio and EQ/Janus Large Cap Growth Portfolio ("New
Portfolios") to the Agreement on the terms and conditions contained in
the Agreement, and at the level of the expense limitation applicable to
each New Portfolio as set forth in the attached schedule.
2. Name Changes. Certain of the Portfolios' names shall be changed as
follows:
Current Name New Name
------------ --------
BT International Equity Index Portfolio EQ International Equity Index Portfolio*
BT Small Company Index Portfolio EQ Small Company Index Portfolio*
Warburg Pincus Small Company Value Portfolio FI Small/Mid Cap Value Portfolio**
*Effective October 6, 2000. **Effective July 24, 2000.
3. Paragraph 2.1 of the Agreement:
Reimbursement. If in any year during which the total assets of
a Portfolio are greater than $100 million and in which the Management
Agreement is still in effect, the estimated aggregate Portfolio
Operating Expenses of such Portfolio for the fiscal year are less than
the Maximum Annual. Operating Expense Limit for that year, subject to
quarterly approval by the Trust's Board of Trustees as provided in
Section 2.2 below, the Manager shall be entitled to reimbursement by
such Portfolio, in whole or in part as provided below, of the
investment management fees waived or reduced and other payments
remitted by the Manager to such Portfolio pursuant to Section 1 hereof.
The total amount of reimbursement to which the Manager may be entitled
(the "Reimbursement Amount") shall equal, at any time, the sum of all
investment management fees previously waived or reduced by the Manager
and all other payments remitted by the Manager to the Portfolio,
pursuant to Section 1 hereof, during the reimbursement period indicated
for each Portfolio in Schedule B, hereto, less any reimbursement
previously paid by such Portfolio to the Manager, pursuant to Sections
2.2 or 2.3 hereof, with respect to such waivers, reductions, and
payments. The
Reimbursement Amount shall not include any additional charges or fees
whatsoever, including, e.g., interest accruable on the Reimbursement
Amount.
4. Schedule A. Schedule A to the Agreement, which sets forth the
Portfolios of the Trust, is hereby replaced in its entirety by the
Amendment No. 1 to Schedule A attached hereto.
5. Schedule B. Schedule B to the Agreement, which sets forth the
reimbursement periods for each of the portfolios of the Trust is hereby
included in the Agreement.
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.
EQ ADVISORS TRUST EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
By: By:
---------------------------- -------------------------------
Xxxxx X. Xxxxx Xxxxx X. X'Xxxx
President and Trustee Executive Vice President
AMENDMENT NO. 1
SCHEDULE A
OPERATING EXPENSE LIMITS
This Agreement related to the following Portfolios of the Trust:
Maximum Annual
Operating
Name of Portfolio Expense Limit
EQ/Alliance Premier Growth Portfolio .90%
EQ/Alliance Technology Portfolio .90%
EQ/AXP New Dimension Portfolio .70%
EQ/AXP Strategy Aggressive Portfolio .75%
BT Equity 500 Index Portfolio .35%
Xxxxxxx Socially Responsible Portfolio .80%
Capital Guardian International Portfolio .95%
Capital Guardian U.S. Equity Portfolio .70%
Capital Guardian Research Portfolio .70%
EQ/Evergreen Foundation Portfolio .70%
EQ/Evergreen Portfolio .70%
FI Mid Cap Portfolio .75%
FI Small/Mid Cap Value Portfolio .85%
(fka the Warburg Pincus Small Company Value Portfolio)
EQ International Equity Index Portfolio .75%
(fka BT International Equity Index Portfolio)
EQ/Janus Large Cap Growth Portfolio .90%
X.X. Xxxxxx Core Bond Portfolio .55%
(fka JPM Core Bond Portfolio)
Lazard Large Cap Value Portfolio .70%
Lazard Small Cap Value Portfolio .85%
Mercury Basic Value Equity Portfolio .70%
(fka Xxxxxxx Xxxxx Basic Value Equity Portfolio)
Mercury World Strategy Portfolio .95%
(fka Xxxxxxx Xxxxx World Strategy Portfolio)
MFS Emerging Growth Companies Portfolio .75%
MFS Growth with Income Portfolio .70%
MFS Research Portfolio .70%
Xxxxxx Xxxxxxx Emerging Markets Equity Portfolio 1.50%
EQ/Xxxxxx Balanced Portfolio .65%
EQ/Xxxxxx Growth & Income Value Portfolio .70%
EQ/Xxxxxx International Equity Portfolio 1.00%
EQ/Xxxxxx Investors Growth Portfolio .70%
EQ Small Company Index Portfolio .50%
(fka BT Small Company Index Portfolio)
X. Xxxx Price Equity Income Portfolio .70%
X. Xxxx Price International Stock Portfolio 1.00%
AMENDMENT NO.1
SCHEDULE B
REIMBURSEMENT PERIOD
Five Year Reimbursement Period:
Name of Portfolios
BT Equity 500 Index Portfolio
EQ/Evergreen Foundation Portfolio
EQ/Evergreen Portfolio
FI Small/Mid Cap Value Portfolio
(fka the Warburg Pincus Small Company Value Portfolio)
EQ International Equity Index Portfolio
(fka BT International Equity Index Portfolio)
X.X. Xxxxxx Core Bond Portfolio
(fka JPM Core Bond Portfolio)
EQ/Janus Large Company Growth Portfolio
Lazard Large Cap Value Portfolio
Lazard Small Cap Value Portfolio
Mercury Basic Value Equity Portfolio
(fka Xxxxxxx Xxxxx Basic Value Equity Portfolio)
Mercury World Strategy Portfolio
(fka Xxxxxxx Xxxxx World Strategy Portfolio)
MFS Emerging Growth Companies Portfolio
MFS Growth with Income Portfolio
MFS Research Portfolio
Xxxxxx Xxxxxxx Emerging Markets Equity Portfolio
EQ/Xxxxxx Balanced Portfolio
EQ/Xxxxxx Growth & Income Value Portfolio
EQ/Xxxxxx International Equity Portfolio
EQ/Xxxxxx Investors Growth Portfolio
EQ Small Company Index Portfolio
(fka BT Small Company Index Portfolio)
X. Xxxx Price Equity Income Portfolio
X. Xxxx Price International Stock Portfolio
Three Year Reimbursement Period:
EQ/Alliance Premier Growth Portfolio
EQ/Alliance Technology Portfolio
EQ/AXP New Dimension Portfolio
EQ/AXP Strategy Aggressive Portfolio
Xxxxxxx Socially Responsible Portfolio
Capital Guardian International Portfolio
Capital Guardian U.S. Equity Portfolio
Capital Guardian Research Portfolio
FI Mid Cap Portfolio
