AMENDMENT NO. 2 TO THE AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT
Exhibit (d)(1)(ii)
AMENDMENT NO. 2
TO THE
AMENDED AND RESTATED
AMENDMENT NO. 2, effective as of July 11, 2022 (“Amendment No. 2”) to the Amended and Restated Investment Advisory Agreement, dated as of July 16, 2020 (the “Agreement”), between 1290 Funds, a Delaware statutory trust (the “Trust”), and Equitable Investment Management Group, LLC, a limited liability company organized in the State of Delaware (“Adviser”).
WHEREAS, the Trust and EIM desire to add a newly authorized Fund to the Agreement;
NOW THEREFORE, the Trust and EIM agree to modify and amend the Agreement as follows:
1. | New Fund. Effective July 11, 2022, the 1290 Essex Small Cap Growth Fund is hereby added to the Agreement on the terms and conditions contained in the Agreement. |
2. | Duration of Agreement for the New Fund. |
a. | With respect to the New Fund, the Agreement will continue in effect for two years after the applicable date specified in section 1 above and may be continued thereafter pursuant to subsection (b) below. |
b. | With respect to the New Fund, the Agreement shall continue in effect annually after the applicable date specified in section 1 above only so long as such continuance is specifically approved at least annually by a majority of the Trustees who are not a party to the Agreement or interested persons (as defined in the Investment Company Act of 1940, as amended (“1940 Act”) (“Independent Trustees”), by a vote cast in person at a meeting called for the purpose of voting on such approval, and by either the Board of Trustees or a vote of a majority of the outstanding shares of the New Fund. The required shareholder approval of the Agreement or of any continuance of the Agreement shall be effective with respect to the New Fund if a majority of the outstanding voting securities of the series (as defined in Rule 18f-2(h) under the 0000 Xxx) vote to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by 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, which sets forth the Funds of the Trust for which the Adviser is appointed investment adviser is hereby replaced in its entirety by Appendix A attached hereto; and |
4. | Appendix B: Appendix B to the Agreement, which sets forth the fees payable to the Adviser with respect to each Fund is hereby replaced in its entirety by Appendix 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. 2 as of the date first above set forth.
1290 FUNDS | EQUITABLE INVESTMENT MANAGEMENT GROUP, LLC | |||||||
By: | /s/Xxxxx Xxxxx | By: | /s/ Xxxxxx Xxxx | |||||
Xxxxx Xxxxx | Xxxxxx Xxxx | |||||||
Chief Financial Officer and Treasurer | Director, Chief Operating Officer and President |
APPENDIX A
AMENDMENT NO. 2 TO
AMENDED AND RESTATED
Funds
1290 Diversified Bond Fund |
1290 Retirement 2020 Fund | |||
1290 DoubleLine Dynamic Allocation Fund |
1290 Retirement 2025 Fund | |||
1290 Essex Small Cap Growth Fund |
1290 Retirement 2030 Fund | |||
1290 GAMCO Small/Mid Cap Value Fund |
1290 Retirement 2035 Fund | |||
1290 High Yield Bond Fund |
1290 Retirement 2040 Fund | |||
1290 Multi-Alternative Strategies Fund |
1290 Retirement 2045 Fund | |||
1290 SmartBeta Equity Fund |
1290 Retirement 2050 Fund | |||
1290 Retirement 2055 Fund | ||||
1290 Retirement 0000 Xxxx |
XXXXXXXX X
AMENDMENT NO. 2 TO
AMENDED AND RESTATED
The Trust will pay the Adviser, on a monthly basis, compensation computed and accrued daily at an annual rate equal to the following:
(as a percentage of net assets) | ||||||||||||||||||||
Fund |
First $1 Billion |
Next $1 Billion |
Next $3 Billion |
Next $5 Billion |
Thereafter | |||||||||||||||
1290 Essex Small Cap Growth Fund |
0.750 | % | 0.700 | % | 0.675 | % | 0.650 | % | 0.625 | % | ||||||||||
1290 GAMCO Small/Mid Cap Value |
0.750 | % | 0.700 | % | 0.675 | % | 0.650 | % | 0.625 | % | ||||||||||
1290 DoubleLine Dynamic Allocation |
0.750 | % | 0.700 | % | 0.675 | % | 0.650 | % | 0.625 | % | ||||||||||
1290 SmartBeta Equity |
0.700 | % | 0.650 | % | 0.625 | % | 0.600 | % | 0.575 | % |
(as a percentage of net assets) | ||||||||||||||
Fund |
First $4 Billion | Next $4 Billion | Thereafter | |||||||||||
1290 High Yield Bond |
0.600% | 0.580 | % | 0.560 | % | |||||||||
1290 Diversified Bond |
0.600% | 0.580 | % | 0.560 | % |
(as a percentage of net assets) | ||||||||||||||||||
Fund |
First $4 Billion |
Next $4 Billion |
Next $2 Billion |
Thereafter | ||||||||||||||
1290 Multi-Alternative Strategies |
0.500 | % | 0.490 | % | 0.480 | % | 0.470 | % |
(as a percentage of net assets) | ||||
Fund |
||||
1290 Retirement 2020 Fund |
0.500 | % | ||
1290 Retirement 2025 Fund |
0.500 | % | ||
1290 Retirement 2030 Fund |
0.500 | % | ||
1290 Retirement 2035 Fund |
0.500 | % | ||
1290 Retirement 2040 Fund |
0.500 | % | ||
1290 Retirement 2045 Fund |
0.500 | % | ||
1290 Retirement 2050 Fund |
0.500 | % | ||
1290 Retirement 2055 Fund |
0.500 | % | ||
1290 Retirement 2060 Fund |
0.500 | % |