Exhibit (d)(4)(iv)
AMENDMENT NO. 1
INVESTMENT ADVISORY AGREEMENT
AMENDMENT NO. 1 to the Investment Advisory Agreement ("Amendment No.
1"), dated as of December 12, 2003, between The Equitable Life Assurance Society
of the United States, a New York corporation ("Equitable"), and Xxxxxx
Investment Management, LLC ("Adviser"), a limited liability company.
Equitable and the Adviser agree to modify and amend the Investment
Advisory Agreement, dated as of July 31, 2003, between Equitable and the Adviser
(together, the "Agreement") as follows:
1. Equitable hereby terminates its appointment of the Adviser as
the investment adviser for the EQ/Xxxxxx International Portfolio.
2. Portfolio. Equitable hereby reaffirms its appointment of the
Adviser as the investment adviser for the EQ/Xxxxxx Growth and Income
Value Portfolio and the EQ/Xxxxxx Voyager Portfolio on the terms and
conditions set forth in the Agreement.
3. Appendix A. Appendix A to the Agreement, setting forth the
Portfolio of the Trust for which the Adviser is appointed as the
investment adviser and the fees payable to the Adviser with respect to
the Portfolio for which the Adviser provides advisory services under the
Agreement, is hereby replaced in its entirety by Appendix A attached
hereto.
4. Ratification. 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. 1 as of the date first above set forth.
THE EQUITABLE LIFE ASSURANCE XXXXXX INVESTMENT MANAGEMENT, LLC
SOCIETY OF THE UNITED STATES
By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxxx X. Silver
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Name: Xxxxx X. Xxxxx Name: Xxxxxx X. Silver
Title: Executive Vice President Title: Senior Managing Director
APPENDIX A
AMENDMENT NO. 1
TO THE INVESTMENT ADVISORY AGREEMENT
WITH XXXXXX INVESTMENT MANAGEMENT, LLC
Portfolio Advisory Fee
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EQ/Xxxxxx Growth & Income Value 0.375% of the Portfolio's average daily
Portfolio net assets up to and including $150
million; 0.325% of the Portfolio's average
daily net assets over $150 million and up
to and including $300 million; and 0.225%
of the Portfolio's average daily net
assets in excess of $300 million.
EQ/Xxxxxx Voyager Portfolio 0.425% of the Portfolio's average daily
net assets up to and including $150
million; 0.350%% of the Portfolio's
average daily net assets over $150 million
and up to and including $300 million;
0.225% of the Portfolio's average daily
net assets over $300 million and up to and
including $500 million; and 0.200% of the
Portfolio's average daily net assets in
excess of $500 million.
