AMENDMENT NO. 1 TO THE MUTUAL FUNDS SERVICE AGREEMENT
Exhibit (h)(1)(ii)
AMENDMENT NO. 1
TO THE
MUTUAL FUNDS SERVICE AGREEMENT
AMENDMENT NO. 1, dated as of March 16, 2023 (“Amendment No. 1”), to the Mutual Funds Service Agreement dated as of January 1, 2023 (“Agreement”) between EQ Advisors Trust, a Delaware statutory trust (“Trust”), Equitable Investment Management, LLC (“Administrator”), a limited liability company organized in the State of Delaware, and Equitable Investment Management Group, LLC (“EIM or “Adviser”), a limited liability company organized in the State of Delaware.
The Trust, the Adviser and the Administrator agree to modify the Agreement as follows:
| 1. | New Portfolio. Effective April 3, 2023, the EQ/Intermediate Corporate Bond Portfolio (“New Portfolio”) is hereby added to the Agreement on the terms and conditions contained in the Agreement. |
| 2. | Duration of Agreement for the New Portfolio. |
| a. | With respect to the New Portfolio, the Agreement will continue in effect for one year after the date set forth in section 1 above and may be continued thereafter pursuant to subsection (b) below. |
| b. | With respect to the New Portfolio, the Agreement shall continue automatically for successive terms of one year after the date specified in subsection (a) above, provided that such continuance is specifically approved at least annually (a) by a vote of a majority of those members of the Trust’s Board of Trustees who are not parties to the Agreement or “interested persons” of such party, cast in person at a meeting called for the purpose of voting on such approval, and (b) by the Trust’s Board of Trustees or by a vote of a “majority of the outstanding voting securities” of the Trust; provided, however, that the Agreement may be terminated by the Trust at any time, without the payment of any penalty, by vote of a majority of the entire Board of Trustees or a vote of a “majority of the outstanding voting securities” of the Trust, on sixty (60) days prior written notice to the Administrator or by the Administrator at any time, without the payment of any penalty, on sixty (60) days prior written notice to the Trust. (As used in the Agreement, the terms “majority of the outstanding voting securities” and “interested persons” shall have the same meaning as such terms have in the 1940 Act.) |
| 4. | Schedule A. Schedule A of the Agreement is hereby replaced in its entirety by 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.
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IN WITNESS WHEREOF, the parties have executed and delivered this Amendment No. 1 as of the date first above set forth.
| EQ ADVISORS TRUST | EQUITABLE INVESTMENT MANAGEMENT, LLC | |||||||
| By: | /s/ Xxxxx Xxxxx |
By: | /s/ Xxxxxx Xxxx | |||||
| Xxxxx Xxxxx | Xxxxxx Xxxx | |||||||
| Chief Financial Officer and Treasurer | President and Chief Operating Officer | |||||||
| EQUITABLE INVESTMENT MANAGEMENT GROUP, LLC | ||||||||
| By: | /s/ Xxxxxxx Xxxxxxxxx |
|||||||
| Xxxxxxx Xxxxxxxxx | ||||||||
| Executive Vice President and Chief | ||||||||
| Investment Officer | ||||||||
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AMENDMENT NO. 1
SCHEDULE A
Fees and Expenses
Trust Administration, Accounting and Compliance Fees
| Single-Advised Portfolios | ||
| The greater of $30,000 per Portfolio or 0.100% of the first $30 billion; 0.0975% of the next $10 billion; 0.0950% of the next $5 billion; 0.0775% of the next $10 billion; 0.0750% of the next $30 billion; and 0.0725% thereafter (based on aggregate average daily net assets of the Single-Advised Portfolios) | ||
| 1290 VT Convertible Securities |
EQ/Invesco Xxxxxxxx | |
| 1290 VT DoubleLine Opportunistic Bond |
EQ/Invesco Global | |
| 1290 VT Equity Income |
EQ/Invesco Global Real Assets | |
| 1290 VT GAMCO Mergers & Acquisition |
EQ/Janus Enterprise | |
| 1290 VT GAMCO Small Company Value |
EQ/JPMorgan Value Opportunities | |
| 1290 VT Multi-Alternative Strategies |
EQ/Large Cap Growth Index | |
| 1290 VT Natural Resources |
EQ/Large Cap Value Index | |
| 0000 XX Real Estate |
EQ/Lazard Emerging Markets Equity | |
| 1290 VT SmartBeta Equity ESG |
EQ/Long-Term Bond | |
| 1290 VT Socially Responsible |
EQ/Xxxxxx Xxxxxx Growth | |
| EQ/AB Short Duration Government Bond |
EQ/MFS International Growth | |
| EQ/AB Sustainable U.S. Thematic |
EQ/MFS International Intrinsic Value | |
| EQ/American Century Mid Cap Value |
EQ/MFS Mid Cap Focused Growth | |
| EQ/Capital Group Research |
EQ/MFS Technology | |
| EQ/ClearBridge Large Cap Growth ESG |
EQ/MFS Utilities Series | |
| EQ/Common Stock Index |
EQ/Mid Cap Index | |
| EQ/Core Bond Index |
EQ/Money Market | |
| EQ/Equity 500 Index |
EQ/PIMCO Global Real Return | |
| EQ/Fidelity Institutional AM® Large Cap |
EQ/PIMCO Real Return | |
| EQ/Franklin Rising Dividends |
EQ/PIMCO Total Return ESG | |
| EQ/Xxxxxxx Xxxxx Mid Cap Value |
EQ/PIMCO Ultra Short Bond | |
| EQ/Intermediate Corporate Bond |
EQ/Small Company Index | |
| EQ/Intermediate Government Bond |
EQ/X. Xxxx Price Growth Stock | |
| EQ/International Equity Index |
EQ/X. Xxxx Price Health Sciences | |
| EQ/Value Equity | ||
| EQ/Wellington Energy | ||
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| Hybrid, ATM and Allocation Portfolios* | ||
| The greater of $32,500 per Portfolio or 0.140% of the average daily net assets of the Portfolios for the first $60 billion; 0.110% of the next $20 billion; 0.0875% of the next $20 billion; 0.0775% of the next $20 billion; 0.0750% of the next $20 billion; and 0.0725% thereafter (based on aggregate average daily net assets of the Hybrid Portfolios, ATM and Allocation Portfolios and the Portfolios of EQ Premier VIP Trust) | ||
| 1290 VT High Yield Bond |
EQ/Xxxxxxxx Moderate Allocation | |
| 1290 VT Micro Cap |
EQ/Franklin Small Cap Value Managed Volatility | |
| 1290 VT Moderate Growth Allocation |
EQ/Global Equity Managed Volatility | |
| 1290 VT Small Cap Value |
EQ/Xxxxxxx Xxxxx Growth Allocation | |
| ATM International Managed Volatility |
EQ/Xxxxxxx Xxxxx Moderate Growth | |
| ATM Large Cap Managed Volatility |
Allocation | |
| ATM Mid Cap Managed Volatility |
EQ/Growth Strategy | |
| ATM Small Cap Managed Volatility |
EQ/International Core Managed Volatility | |
| EQ/500 Managed Volatility |
EQ/International Value Managed Volatility | |
| EQ/International Managed Volatility |
EQ/Invesco Moderate Allocation | |
| EQ/2000 Managed Volatility |
EQ/Invesco Moderate Growth Allocation | |
| EQ/400 Managed Volatility |
EQ/JPMorgan Growth Allocation | |
| EQ/AB Dynamic Aggressive Growth |
EQ/Large Cap Core Managed Volatility | |
| EQ/AB Dynamic Growth |
EQ/Large Cap Growth Managed Volatility | |
| EQ/AB Dynamic Moderate Growth |
EQ/Large Cap Value Managed Volatility | |
| EQ/AB Small Cap Growth |
EQ/Mid Cap Value Managed Volatility | |
| EQ/Aggressive Growth Strategy |
EQ/Moderate Growth Strategy | |
| EQ/All Asset Growth Allocation |
EQ/Xxxxxx Xxxxxxx Small Cap Growth | |
| EQ/American Century Moderate Growth Allocation |
EQ/Quality Bond PLUS | |
| EQ/Balanced Strategy |
EQ/Ultra Conservative Strategy | |
| EQ/ClearBridge Select Equity Managed Volatility |
Equitable Conservative Growth MF/ETF | |
| EQ/Conservative Growth Strategy |
Equitable Moderate Growth MF/ETF | |
| EQ/Conservative Strategy |
Equitable Growth MF/ETF | |
| EQ/Emerging Markets Equity PLUS |
Multimanager Aggressive Equity | |
| Multimanager Core Bond | ||
| Multimanager Technology | ||
| * | Assets of these Portfolios are not included in the calculation of the single-advised Portfolio asset-based fee. |
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