AMENDMENT NO. 1 TO THE INVESTMENT MANAGEMENT AGREEMENT
Exhibit (d)(1)(ii)
AMENDMENT NO. 1
TO THE
INVESTMENT MANAGEMENT AGREEMENT
AMENDMENT NO. 1 to the Investment Management Agreement (“Amendment No. 1), dated as of May 1, 2005 between AXA Enterprise Multimanager Funds Trust (“Trust”) and AXA Equitable Life Insurance Company (formerly The Equitable Life Assurance Company of the United States), a New York stock life insurance company (“AXA Equitable”).
The Trust and AXA Equitable agree to modify and amend the Investment Management Agreement dated as of December 17, 2004 (“Agreement”) as follows:
1. | New Fund. The Trust hereby appoints AXA Equitable as the investment manager of the AXA Enterprise Moderate-Plus Allocation Fund (“New Fund”) on the terms and conditions contained in the Agreement. |
2. | Duration of Agreement. |
a. | With respect to each Fund specified in Appendix A to the Agreement, the Agreement will continue in effect until December 31, 2007 and may be continued thereafter pursuant to subsection (c) below. |
b. | With respect to the New Fund specified in Amendment No. 1, the Agreement will continue in effect until May 1, 2007 and may be continued thereafter pursuant to subsection (c) below. |
c. | With respect to each Fund, this Agreement shall continue in effect annually after the date specified in subsection (a), (b) or (c), as the case may be, only so long as such continuance is specifically approved at least annually either by the Board of Trustees and also by a majority of the Trustees who are not interested persons (as defined in the Investment Company Act of 1940, as amended (the “1940 Act”) (“Independent Trustees”), or by vote of a majority of the outstanding shares of the Fund. The required shareholder approval of the Agreement or of any continuance of the Agreement shall be effective with respect to a Fund if a majority of the outstanding voting securities of the series (as defined in Rule 18f-2(h) under the Investment Company Act) of shares of such Fund votes to approve the Agreement or its continuance, notwithstanding that the agreement or its continuance may not have been approved by a majority of the outstanding voting securities of (a) any other fund affected by the Agreement, or (b) all the funds of the Trust. |
3. | Appendix A. Appendix A to the Agreement, setting forth the Funds of the Trust for which AXA Equitable is appointed as the investment manager, 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.
AXA ENTERPRISE MULTIMANAGER FUNDS TRUST |
AXA EQUITABLE LIFE INSURANCE COMPANY | |||||
By: |
/s/ Xxxxxxx X. Xxxxxxxxx Xxxxxxx X. Xxxxxxxxx Chief Financial Officer and Treasurer |
By: |
/s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Senior Vice President |
APPENDIX A
AMENDMENT NO. 1 TO THE
INVESTMENT MANAGEMENT AGREEMENT
Fund |
Management Fee | |
AXA Enterprise Conservative Allocation Fund |
0.20% of the Fund’s average daily net assets | |
AXA Enterprise Moderate Allocation Fund |
0.20% of the Fund’s average daily net assets | |
AXA Enterprise Moderate-Plus Allocation Fund |
0.20% of the Fund’s average daily net assets | |
AXA Enterprise Aggressive Allocation Fund |
0.20% of the Fund’s average daily net assets |