Form of AMENDMENT NO. 20 FOURTH AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT
Exhibit (h)(2)(xxxviii)
Form of
AMENDMENT NO. 20
FOURTH AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT
Amendment No. 20 to the Fourth Amended and Restated Expense Limitation Agreement, dated as of [ , 2010] between AXA Equitable Life Insurance Company (“AXA Equitable” or the “Manager”) and EQ Advisors Trust (the “Trust”) (“Amendment No. 19”).
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. | New Portfolio. EQ/AllianceBernstein Dynamic Wealth Strategies Portfolio is hereby added to the Agreement on the terms and conditions contained in the Agreement. |
| 2. | Schedule A. Schedule A to the Agreement, which sets forth the Portfolios of the Trust, is hereby replaced in its entirety by Amendment No. 20 to Schedule 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. 20 as of the date first above set forth.
| EQ ADVISORS TRUST | AXA EQUITABLE LIFE INSURANCE COMPANY | |||||||
| By: |
By: |
|||||||
| Xxxxx Xxxxx |
Xxxxxx X. Xxxxx | |||||||
| Chief Financial Officer and Treasurer |
Senior Vice President | |||||||
SCHEDULE A
AMENDMENT NO. 20
FOURTH AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT
MAXIMUM ANNUAL OPERATING EXPENSE LIMITS
This Agreement relates to the following Portfolios of the Trust:
| Portfolios |
Maximum Annual Operating Expense Limit | |||
| (including amounts payable pursuant to Rule 12b-1) | ||||
| Class IA |
Class IB | |||
| EQ/Franklin Core Balanced Portfolio |
1.05% | 1.30% | ||
| EQ/AXA Franklin Small Cap Value Core Portfolio |
1.05% | 1.30% | ||
| EQ/Franklin Xxxxxxxxx Allocation Portfolio |
0.15% | 0.40% | ||
| EQ/Mutual Large Cap Equity Portfolio |
1.05% | 1.30% | ||
| EQ/Xxxxxxxxx Global Equity Portfolio |
1.10% | 1.35% | ||
| EQ/Equity Growth PLUS Portfolio |
0.75% | 1.00% | ||
| EQ/International Core PLUS Portfolio |
0.85% | 1.10% | ||
| EQ/Large Cap Core PLUS Portfolio |
0.75% | 1.00% | ||
| EQ/Large Cap Growth PLUS Portfolio |
0.75% | 1.00% | ||
| EQ/Large Cap Value PLUS Portfolio |
0.75% | 1.00% | ||
| EQ/Mid Cap Value PLUS Portfolio |
0.80% | 1.05% | ||
| EQ/Quality Bond PLUS Portfolio |
0.60% | 0.85% | ||
| AXA Conservative Strategy Portfolio |
0.700%* | 0.950%* | ||
| AXA Conservative Growth Strategy Portfolio |
0.750%* | 1.000%* | ||
| AXA Balanced Strategy Portfolio |
0.800%* | 1.050%* | ||
| AXA Moderate Growth Strategy Portfolio |
0.850%* | 1.100%* | ||
| AXA Growth Strategy Portfolio |
0.850%* | 1.100%* | ||
| ATM Core Bond Portfolio |
0.65% | 0.90% | ||
| ATM Government Bond Portfolio |
0.65% | 0.90% | ||
| ATM International Portfolio |
0.70% | 0.95% | ||
| ATM Large Cap Portfolio |
0.70% | 0.95% | ||
| ATM Mid Cap Portfolio |
0.70% | 0.95% | ||
| ATM Small Cap Portfolio |
0.70% | 0.95% | ||
| AXA Tactical Manager 2000 Portfolio-I, III |
0.70% | 0.95% | ||
| AXA Tactical Manager 400 Portfolio-I, III |
0.70% | 0.95% | ||
| AXA Tactical Manager 500 Portfolio-I, III |
0.70% | 0.95% | ||
| AXA Tactical Manager International Portfolio-I, III |
0.70% | 0.95% | ||
| EQ/AllianceBernstein International Portfolio |
0.90% | 1.15% | ||
| EQ/AllianceBernstein Dynamic Wealth Strategies Portfolio |
0.95% | 1.20% | ||
| EQ/BlackRock International Value Portfolio |
1.05% | 1.30% | ||
| EQ/Xxxxxxx Socially Responsible Portfolio |
0.90% | 1.15% | ||
| EQ/Capital Guardian Growth Portfolio |
0.70% | 0.95% | ||
| EQ/Capital Guardian Research Portfolio |
0.72% | 0.97% | ||
| EQ/International ETF Portfolio |
0.55% | 0.80% | ||
| EQ/JPMorgan Value Opportunities Portfolio |
0.75% | 1.00% | ||
| EQ/Lord Xxxxxx Growth and Income Portfolio |
0.75% | 1.00% | ||
| EQ/Lord Xxxxxx Large Cap Core Portfolio |
0.75% | 1.00% | ||
| Portfolios |
Maximum Annual Operating Expense Limit | |||
| (including amounts payable pursuant to Rule 12b-1) | ||||
| Class IA |
Class IB | |||
| EQ/Xxxxxx Xxxxxxx Mid Cap Growth Portfolio |
0.85% | 1.10% | ||
| EQ/Xxxxxxxxxxx Global Portfolio |
1.10% | 1.35% | ||
| EQ/Xxx Xxxxxx Xxxxxxxx Portfolio |
0.75% | 1.00% | ||
| EQ/Xxxxx Fargo Advantage Omega Growth Portfolio |
0.90% | 1.15% | ||
| * | For purposes of calculating the Maximum Annual Operating Expense Limit, the expenses of other investment companies in which the Portfolio invests are included in Fund Operating Expenses. |
