Exhibit (d)(22)(ii)
AMENDMENT NO. 2
INVESTMENT ADVISORY AGREEMENT
AMENDMENT NO. 2 to the Investment Advisory Agreement ("Amendment No.
2"), dated as of August 18, 2003, between The Equitable Life Assurance Society
of the United States, a New York corporation ("Equitable"), and Xxxxxxx Capital
Management, LLC ("Adviser"), a limited liability company.
Equitable and the Adviser agree to modify and amend the Investment
Advisory Agreement, dated as of February 1, 2001, and Amendment No. 1, dated as
of September 1, 2001, between Equitable and the Adviser (together, the
"Agreement") as follows:
1. Equitable hereby terminates its appointment of the Adviser as
the investment adviser for the allocated portion of the EQ/Aggressive
Stock Portfolio.
2. Portfolio. Equitable hereby reaffirms its appointment of the
Adviser as the investment adviser for the EQ/Xxxxxxx Focus Portfolio on
the terms and conditions set forth in the Agreement.
3. Appendix A. Appendix A to the Agreement, setting forth the
Portfolio of the Trust for which the Adviser is appointed as the
investment adviser and the fees payable to the Adviser with respect to
the Portfolio for which the Adviser provides advisory services under the
Agreement, is hereby replaced in its entirety by Appendix A attached
hereto.
4. Ratification. 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. 2 as of the date first above set forth.
THE EQUITABLE LIFE ASSURANCE XXXXXXX CAPITAL MANAGEMENT, LLC
SOCIETY OF THE UNITED STATES
By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxxxxxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxxxx
Title: Executive Vice President Title: President
APPENDIX A
AMENDMENT NO. 2
TO THE INVESTMENT ADVISORY AGREEMENT
WITH XXXXXXX CAPITAL MANAGEMENT, LLC
Portfolio Advisory Fee
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EQ/Xxxxxxx Focus Portfolio 0.450% of the Portfolio's average daily
net assets up to and including $ 400
million; 0.400% of the Portfolio's average
daily net assets over $400 million and up
to and including $1 billion; 0.375% of the
Portfolio's average daily net assets over
$1 billion and up to and including $1.5
billion; and 0.350% of the Portfolio's
average daily net assets in excess of $1.5
billion.
