AMENDMENT NO. 10 FOURTH AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT
Exhibit (h)(2)(xxiv)
AMENDMENT NO. 10
FOURTH AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT
Amendment No. 10 to the Fourth Amended and Restated Expense Limitation Agreement, dated as of May 25, 2007, between AXA Equitable Life Insurance Company (“AXA Equitable” or the “Manager”) and EQ Advisors Trust (the “Trust”) (“Amendment No. 10”).
The Manager and Trust hereby agree to modify and amend the Fourth Amended and Restated Expense Limitation Agreement dated as of May 1, 2002, as amended, (“Agreement”) between them as follows:
| 1. | Paragraph 2.1 of the Agreement: |
2.1 Reimbursement. If in any year in which the Management Agreement is still in effect and 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 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 or administration 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 (“Reimbursement Amount”) shall equal, at any time, the sum of all investment management fees or administration 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 previous five (5) or three (3) fiscal years (as provided 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.
| 2. | Schedule B. Schedule B to the Agreement, which sets forth the reimbursement periods for each of the Portfolios of the Trust is hereby replaced in its entirety by the Amendment No. 10 to 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. 10 as of the date first above set forth.
| EQ ADVISORS TRUST | AXA EQUITABLE LIFE INSURANCE COMPANY | |||||||
| By: | /s/ Xxxxxxx X. Xxxxxxxxx | By: | /s/ Xxxxxx X. Xxxxx | |||||
| Xxxxxxx X. Xxxxxxxxx | Xxxxxx X. Xxxxx | |||||||
| Chief Financial Officer and | Senior Vice President | |||||||
| Treasurer | ||||||||
SCHEDULE B
AMENDMENT NO. 10
FOURTH AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT
REIMBURSEMENT PERIOD
Five Year Reimbursement Period:
EQ/BlackRock Basic Value Equity Portfolio
(formerly, the EQ/Mercury Basic Value Equity Portfolio)
EQ/BlackRock International Value Portfolio
(formerly, the EQ/Mercury International Value Portfolio)
EQ/Evergreen Omega Portfolio
EQ/FI Mid Cap Value Portfolio
EQ/JPMorgan Core Bond Portfolio
EQ/Xxx Xxxxxx Emerging Markets Equity Portfolio
EQ/Capital Guardian Growth Portfolio
(formerly, EQ/Xxxxxx Growth & Income Value Portfolio)
EQ/JPMorgan Value Opportunities Portfolio
(formerly, EQ/Xxxxxx Voyager Portfolio)
EQ/Small Company Index Portfolio
MarketPLUS Mid Cap Value Portfolio
(formerly, the EQ/FI Mid Cap Value Portfolio)
MarketPLUS Large Cap Core Portfolio
(formerly, the EQ/MFS Investors Trust Portfolio)
Three Year Reimbursement Period:
| EQ/AllianceBernstein International Portfolio EQ/AllianceBernstein Large Cap Growth Portfolio EQ/AllianceBernstein Value Portfolio EQ/Ariel Appreciation II Portfolio EQ/Xxxxxxx Socially Responsible Portfolio EQ/Capital Guardian Research Portfolio EQ/Capital Guardian U.S. Equity Portfolio EQ/Evergreen International Bond Portfolio EQ/FI Mid Cap Portfolio EQ/Janus Large Cap Growth Portfolio EQ/Xxxx Xxxxx Value Equity Portfolio EQ/Lord Xxxxxx Growth and Income Portfolio EQ/Lord Xxxxxx Mid Cap Value Portfolio EQ/Lord Xxxxxx Large Cap Core Portfolio EQ/Xxxxxxx Focus Portfolio EQ/Xxx Xxxxxx Xxxxxxxx Portfolio |
EQ/Xxx Xxxxxx Mid Cap Growth Portfolio EQ/Xxxxx Fargo Xxxxxxxxxx Small Cap Portfolio EQ/AXA Xxxxxxxxx Value Long/Short Portfolio EQ/Xxxxx New York Venture Portfolio EQ/Franklin Income Portfolio EQ/Franklin Small Cap Value Portfolio EQ/Franklin Xxxxxxxxx Founding Strategy Portfolio EQ/Mutual Shares Portfolio EQ/Xxxxxxxxxxx Global Portfolio EQ/Xxxxxxxxxxx Main Street Opportunity Portfolio EQ/Xxxxxxxxxxx Main Street Small Cap Portfolio EQ/Xxxxxxxxx Growth Portfolio EQ/Xxx Xxxxxx Real Estate Portfolio EQ/International ETF Portfolio MarketPLUS International Core Portfolio MarketPLUS Large Cap Growth Portfolio |
