0001193125-23-292344 Sample Contracts

INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • December 11th, 2023 • 1290 Funds • New York

INVESTMENT SUB-ADVISORY AGREEMENT, dated as of November 29, 2023 by and between Equitable Investment Management, LLC, a limited liability company organized in the State of Delaware (“Adviser”), and American Century Investment Management, Inc., a corporation organized under the laws of Delaware (the “Sub-Adviser”).

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AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 13, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and The Bank of New York Mellon (“BNY Mellon”), solely in its capacity as Trustee and on behalf of the SPDR S&P MidCap 400 ETF Trust.

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 2, dated March 16, 2023 (“Amendment No. 2”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and The Bank of New York Mellon (“BNY Mellon”), solely in its capacity as Trustee and on behalf of the SPDR S&P MidCap 400 ETF Trust.

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 2, dated May 3, 2023 (“Amendment No. 2”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and SPDR Series Trust, SPDR Index Shares Funds and SSGA Active Trust (“SPDR Trusts”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 13, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), between 1290 Funds and EQ Advisors Trust (“EQ Trusts”) and AB Cap Fund, Inc. (“AB Cap”).

FORM OF AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Form of Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), by and between EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and ProShares Trust (“ProShares”).

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 2, dated March 16, 2023 (“Amendment No. 2”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), by and between EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and ProShares Trust (“ProShares”).

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 2, dated March 16, 2023 (“Amendment No. 2”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), between 1290 Funds and EQ Advisors Trust (“EQ Trusts”) and AB Cap Fund, Inc. (“AB Cap”).

FORM OF AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Form of Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds, on behalf of each of their series listed in Schedule A (each, an “Acquiring Fund”) and Invesco Exchange-Traded Fund Trust, Invesco Exchange-Traded Fund Trust II, Invesco India Exchange-Traded Fund Trust, Invesco Actively Managed Exchange-Traded Fund Trust, Invesco Actively Managed Exchange-Traded Commodity Fund Trust and Invesco Exchange-Traded Self-Indexed Fund Trust, on behalf of each of their series (except such series listed on Schedule B, as may be amended from time to time) severally and not jointly (each an “Acquired Fund” and together with the “Acquiring Funds”, the “Funds”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 13, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds, on behalf of each of their series listed in Schedule A (each, an “Acquiring Fund”) and Invesco Exchange-Traded Fund Trust, Invesco Exchange-Traded Fund Trust II, Invesco India Exchange-Traded Fund Trust, Invesco Actively Managed Exchange-Traded Fund Trust, Invesco Actively Managed Exchange-Traded Commodity Fund Trust and Invesco Exchange-Traded Self-Indexed Fund Trust, on behalf of each of their series (except such series listed on Schedule B, as may be amended from time to time) severally and not jointly (each an “Acquired Fund” and together with the “Acquiring Funds”, the “Funds”).

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 2, dated May 3, 2023 (“Amendment No. 2”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and The Select Sector SPDR Trust (“SPDR Trust”).

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 2, dated May 3, 2023 (“Amendment No. 2”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and SPDR S&P 500 ETF Trust and SPDR Dow Jones Industrial Average ETF Trust (“SPDR Trusts”).

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 2, dated March 16, 2023 (“Amendment No. 2”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (each, an “Acquiring Registrant”) and IndexIQ ETF Trust (the “Acquired Registrant”).

FORM OF AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Form of Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and SPDR Series Trust, SPDR Index Shares Funds and SSGA Active Trust (“SPDR Trusts”).

FORM OF AMENDMENT No. 12 to Transfer Agency and Service Agreement between and SS&C GIDS, Inc.
Transfer Agency and Service Agreement • December 11th, 2023 • 1290 Funds

This Amendment is made this 27th day of November 2023 to be effective November 29, 2023 (the “Effective Date”) between SS&C GIDS, Inc. (the “Transfer Agent”) and Each of the Entities, Individually and not Jointly, as listed on Schedule A (collectively, the “Funds” and individually, the “Fund”).

AMENDMENT 5
Distribution Agreement • December 11th, 2023 • 1290 Funds

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of November 29, 2023 (the “Effective Date”):

FORM OF AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Form of Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (each, an “Acquiring Registrant”) and IndexIQ ETF Trust (the “Acquired Registrant”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 13, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and WisdomTree Trust.

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 13, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and SPDR S&P 500 ETF Trust and SPDR Dow Jones Industrial Average ETF Trust (“SPDR Trusts”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 13, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust, 1290 Funds, BlackRock ETF Trust, BlackRock ETF Trust II, iShares Trust, iShares, Inc. and iShares U.S. ETF Trust (“Registrants”).

AMENDMENT NO. 6 SECURITIES LENDING AGREEMENT
Securities Lending Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 6, dated as of March 16, 2023 (“Amendment No. 6”), to the Securities Lending Agreement dated as of April 11, 2016 (“Agreement”), by and between JPMorgan Chase Bank, National Association (“J.P. Morgan”) and each Equitable investment company identified in Annex A hereto (“Lender”).

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 2, dated March 16, 2023 (“Amendment No. 2”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust, 1290 Funds, BlackRock ETF Trust, BlackRock ETF Trust II, iShares Trust, iShares, Inc. and iShares U.S. ETF Trust (“Registrants”).

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AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 18, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and the J.P. Morgan Exchange-Traded Fund Trust (“JPM Trust”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 13, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and SPDR Series Trust, SPDR Index Shares Funds and SSGA Active Trust (“SPDR Trusts”).

AMENDMENT NO. 8 TO SECURITIES LENDING AGREEMENT
Securities Lending Agreement • December 11th, 2023 • 1290 Funds • New York

This amendment (“Amendment”) to the Securities Lending Agreement, dated April 11, 2016, as amended from time to time (“Agreement”), between JPMorgan Chase Bank, National Association (“J.P. Morgan”) and each Equitable investment company identified in Annex A to the Agreement (“Lender”) is effective as of November 29, 2023.

AMENDMENT NO. 1 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 1, dated November 13, 2023 (“Amendment No. 1”), to the Fund of Funds Investment Agreement, dated as of January 1, 2023 (“Agreement”), between 1290 Funds (the “Funds”) and EQ Advisors Trust (the “Trust”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 19, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (each, an “Acquiring Registrant”) and IndexIQ ETF Trust (the “Acquired Registrant”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 13, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), by and between EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and ProShares Trust (“ProShares”).

FORM OF AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Form of Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust, 1290 Funds, BlackRock ETF Trust, BlackRock ETF Trust II, iShares Trust, iShares, Inc. and iShares U.S. ETF Trust (“Registrants”).

AMENDMENT NO. 1 TO THE INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • December 11th, 2023 • 1290 Funds

AMENDMENT NO. 1, effective as of November 29, 2023 (“Amendment No. 1”) to the Investment Advisory Agreement, dated as of January 1, 2023 (the “Agreement”), between 1290 Funds, a Delaware statutory trust (the “Trust”), and Equitable Investment Management, LLC, a limited liability company organized in the State of Delaware (“Adviser”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 3, dated October 13, 2023 (“Amendment No. 3”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and The Select Sector SPDR Trust (“SPDR Trust”).

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Amendment No. 2, dated March 16, 2023 (“Amendment No. 2”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and WisdomTree Trust.

FORM OF AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Form of Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and SPDR S&P 500 ETF Trust and SPDR Dow Jones Industrial Average ETF Trust (“SPDR Trusts”).

FORM OF AMENDMENT NO. 11 GLOBAL CUSTODY AGREEMENT
Global Custody Agreement • December 11th, 2023 • 1290 Funds

Form of Amendment No. 11, effective as of November 29, 2023 (“Amendment No. 11”), to the Global Custody Agreement, dated as of October 30, 2014 (“Agreement”), by and between 1290 Funds (“Trust”) on behalf of each of the Funds designated on Exhibit A and JPMorgan Chase Bank, N.A. (“Bank”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Agreement.

FORM OF AMENDMENT NO. 4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 11th, 2023 • 1290 Funds

Form of Amendment No. 4, dated November 30, 2023 (“Amendment No. 4”), to the Fund of Funds Investment Agreement, dated as of January 19, 2022 (“Agreement”), among EQ Advisors Trust and 1290 Funds (“EQ Trusts”) and the J.P. Morgan Exchange-Traded Fund Trust (“JPM Trust”).

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