AMENDMENT NO. 5 AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT
Exhibit (h)(4)(vi)
AMENDMENT NO. 5
AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT
AMENDMENT NO. 5 to the Amended And Restated Expense Limitation Agreement (“Amendment No. 5”), dated as of December 11, 2008, between AXA Premier VIP Trust, a Delaware statutory trust (the “Trust”) and AXA Equitable Life Insurance Company, a New York Corporation (“AXA Equitable”).
Effective on or about January 1, 2009, the Trust and AXA Equitable agree to modify and amend the Amended and Restated Expense Limitation Agreement (the “Initial Agreement”), dated as of June 1, 2002 and as amended by Amendment No. 1 dated as of August 1, 2003, Amendment No. 2 dated as of December 8, 2005, Amendment No. 3 dated as of May 1, 2006, and Amendment No. 4 dated as of May 25, 2007 (together with the Initial Agreement, the “Agreement”), between them as follows:
| 1. | Schedule A. Schedule A to the Agreement, which sets forth the Portfolios of the Trust, is hereby replaced in its entirety by this Amendment No. 5 to Schedule A attached hereto. Schedule A to the Agreement is being amended to reflect changes in the maximum annual operating expense limit for the AXA Conservative Allocation Portfolio; AXA Conservative-Plus Allocation Portfolio, AXA Moderate Allocation Portfolio; AXA Moderate-Plus Allocation Portfolio; and AXA Aggressive Allocation Portfolio. |
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. 5 as of the date first above set forth.
| AXA PREMIER VIP TRUST | AXA EQUITABLE LIFE INSURANCE COMPANY | |||||||
| By: | /s/ Xxxxx X. Xxxxx |
By: | /s/ Xxxxxx X. Xxxxx | |||||
| Xxxxx X. Xxxxx | Xxxxxx X. Xxxxx | |||||||
| Chief Financial Officer and Treasurer | Senior Vice President | |||||||
AMENDMENT NO. 5
SCHEDULE A
MAXIMUM ANNUAL OPERATING EXPENSE LIMITS
This Agreement relates to the following Portfolios of the Trust:
| Portfolio |
Maximum Annual Operating Expense Limit | |||||
| Class A | Class B (including amounts payable pursuant to Rule 12b-1) |
|||||
| Multimanager Core Bond Portfolio |
0.75 | % | 1.00 | % | ||
| Multimanager Health Care Portfolio |
1.60 | % | 1.85 | % | ||
| Multimanager International Equity Portfolio |
1.55 | % | 1.80 | % | ||
| Multimanager Large Cap Core Equity Portfolio |
1.10 | % | 1.35 | % | ||
| Multimanager Large Cap Growth Portfolio |
1.10 | % | 1.35 | % | ||
| Multimanager Large Cap Value Portfolio |
1.10 | % | 1.35 | % | ||
| Multimanager Mid Cap Growth Portfolio |
1.35 | % | 1.60 | % | ||
| Multimanager Mid Cap Value Portfolio |
1.35 | % | 1.60 | % | ||
| Multimanager Small Cap Growth Portfolio |
1.30 | % | 1.55 | % | ||
| Multimanager Small Cap Value Portfolio |
1.30 | % | 1.55 | % | ||
| Multimanager Technology Portfolio |
1.60 | % | 1.85 | % | ||
| AXA Aggressive Allocation Portfolio* |
1.00 | % | 1.25 | % | ||
| AXA Conservative Allocation Portfolio* |
0.75 | % | 1.00 | % | ||
| AXA Conservative-Plus Allocation Portfolio* |
0.85 | % | 1.10 | % | ||
| AXA Moderate Allocation Portfolio* |
0.90 | % | 1.15 | % | ||
| AXA Moderate-Plus Allocation Portfolio* |
0.95 | % | 1.20 | % | ||
| Target 2015 Allocation Portfolio |
0.35 | % | 0.60 | % | ||
| Target 2025 Allocation Portfolio |
0.35 | % | 0.60 | % | ||
| Target 2035 Allocation Portfolio |
0.35 | % | 0.60 | % | ||
| Target 2045 Allocation Portfolio |
0.35 | % | 0.60 | % | ||
| * | Includes fees and expenses of underlying investment companies in which the Portfolio invests |
