AMENDMENT NO. 13 SECOND AMENDED AND RESTATED PARTICIPATION AGREEMENT
Exhibit (h)(4)(xxxi)
AMENDMENT NO. 13
SECOND AMENDED AND RESTATED PARTICIPATION AGREEMENT
Amendment No. 13, dated as of July 16, 2020 (“Amendment No. 13”), 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 (formerly, AXA Equitable Life Insurance Company), Equitable Investment Management Group, LLC (formerly, AXA Equitable Funds Management Group, LLC) and Equitable Distributors, LLC (formerly AXA Distributors, LLC) (collectively, the “Parties”).
WHEREAS, the Parties wish to amend the Agreement to reflect the name change of AXA Distributors, LLC, AXA Equitable Funds Management Group, LLC, AXA Equitable Life Insurance Company and certain Portfolio names listed in Schedule B (as reflected in Section 2 below).
The Parties hereby agree to amend the Agreement as follows:
| 1. | All references in the Agreement to AXA Distributors, LLC, AXA Equitable Life Insurance Company and AXA Equitable Funds Management Group, LLC are hereby deleted and replaced with Equitable Distributors, LLC, Equitable Financial Life Insurance Company and Equitable Investment Management Group, LLC, respectively. |
| 2. | Portfolio Name Changes. The name of each Portfolio listed below is changed to the name set forth opposite the current name: |
| Current Portfolio Name | New Portfolio Name | |
| All Asset Growth – Alt 20 Portfolio | EQ/All Asset Growth Allocation Portfolio | |
| AXA 2000 Managed Volatility Portfolio | EQ/2000 Managed Volatility Portfolio | |
| AXA 400 Managed Volatility Portfolio | EQ/400 Managed Volatility Portfolio | |
| AXA 500 Managed Volatility Portfolio | EQ/500 Managed Volatility Portfolio | |
| AXA Aggressive Strategy Portfolio | EQ/Aggressive Growth Strategy Portfolio | |
| AXA Balanced Strategy Portfolio | EQ/Balanced Strategy Portfolio | |
| AXA Conservative Growth Strategy Portfolio | EQ/Conservative Growth Strategy Portfolio | |
| AXA Conservative Strategy Portfolio | EQ/Conservative Strategy Portfolio | |
| AXA Global Equity Managed Volatility Portfolio | EQ/Global Equity Managed Volatility Portfolio | |
| AXA Growth Strategy Portfolio | EQ/Growth Strategy Portfolio | |
| AXA International Core Managed Volatility Portfolio | EQ/International Core Managed Volatility Portfolio | |
| AXA International Managed Volatility Portfolio | EQ/International Managed Volatility Portfolio | |
| AXA International Value Managed Volatility Portfolio | EQ/International Value Managed Volatility Portfolio | |
| AXA Large Cap Core Managed Volatility Portfolio | EQ/Large Cap Core Managed Volatility Portfolio | |
| AXA Large Cap Growth Managed Volatility Portfolio | EQ/Large Cap Growth Managed Volatility Portfolio | |
| AXA Large Cap Value Managed Volatility Portfolio | EQ/Large Cap Value Managed Volatility Portfolio | |
| AXA Mid Cap Value Managed Volatility Portfolio | EQ/Mid Cap Value Managed Volatility Portfolio | |
| AXA Moderate Growth Strategy Portfolio | EQ/Moderate Growth Strategy Portfolio | |
| AXA Ultra Conservative Strategy Portfolio | EQ/Ultra Conservative Strategy Portfolio |
| AXA/AB Dynamic Aggressive Growth | EQ/AB Dynamic Aggressive Growth | |
| AXA/AB Dynamic Growth Portfolio | EQ/AB Dynamic Growth Portfolio | |
| AXA/AB Dynamic Moderate Growth Portfolio | EQ/AB Dynamic Moderate Growth Portfolio | |
| AXA/AB Short Duration Government Bond Portfolio | EQ/AB Short Duration Government Bond Portfolio | |
| AXA/AB Small Cap Growth Portfolio | EQ/AB Small Cap Growth Portfolio | |
| AXA/ClearBridge Large Cap Growth Portfolio | EQ/ClearBridge Large Cap Growth Portfolio | |
| AXA/Franklin Balanced Managed Volatility Portfolio | EQ/Franklin Balanced Managed Volatility Portfolio | |
| AXA/Franklin Small Cap Value Managed Volatility Portfolio | EQ/Franklin Small Cap Value Managed Volatility Portfolio | |
| AXA/Janus Enterprise Portfolio | EQ/Janus Enterprise Portfolio | |
| AXA/Xxxxxx Xxxxxx Growth Portfolio | EQ/Xxxxxx Xxxxxx Growth Portfolio | |
| AXA/Xxxxxx Xxxxxxx Small Cap Growth Portfolio | EQ/Xxxxxx Xxxxxxx Small Cap Growth Portfolio | |
| EQ/Capital Guardian Research Portfolio | EQ/Capital Group Research Portfolio | |
| EQ/Ivy Energy Portfolio | EQ/Wellington Energy Portfolio | |
| EQ/Ivy Mid Cap Growth Portfolio | EQ/MFS Mid Cap Focused Growth Portfolio | |
| EQ/MFS International Value Portfolio | EQ/MFS International Intrinsic Value Portfolio | |
| EQ/Xxxxxxxxxxx Global Portfolio | EQ/Invesco Global Portfolio |
| 3. | Removed Portfolios. All references to the AXA/Franklin Xxxxxxxxx Allocation Managed Volatility Portfolio, AXA/Templeton Global Equity Managed Volatility Portfolio, AXA/UBS Growth and Income Portfolio, EQ/Ivy Science & Technology Portfolio, Multimanager Mid Cap Growth Portfolio and Multimanager Mid Cap Value Portfolio are removed. |
| 4. | Schedule B. Schedule B to the Agreement, setting forth the Portfolios of the Trust on behalf of which the Trust is entering into the Agreement, is hereby replaced in its entirety by Schedule B 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. 13 as of the date first above set forth.
| EQUITABLE FINANCIAL LIFE INSURANCE COMPANY | ||||||||||
| By: |
/s/Xxxxx Xxxxx |
By: | /s/ Xxxxxxx Xxxxxxxxx |
|||||||
| Name: Xxxxx Xxxxx | Name: Xxxxxxx Xxxxxxxxx | |||||||||
| Title: Chief Financial Officer and Treasurer | Title: Managing Director | |||||||||
| EQUITABLE DISTRIBUTORS, LLC | EQUITABLE INVESTMENT MANAGEMENT GROUP, LLC | |||||||||
| By: |
/s/ Xxxxxxxx X. Xxxx |
By: | /s/ Xxxxxx Xxxx |
|||||||
| Name: Xxxxxxxx X. Xxxx | Name: Xxxxxx Xxxx | |||||||||
| Title: Chairman of the Board, President and Chief Executive Officer |
Title: Director, Senior Vice President and Chief Operating Officer |
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SCHEDULE B
AMENDMENT NO. 13
SECOND AMENDED AND RESTATED PARTICIPATION AGREEMENT
