0001193125-24-024195 Sample Contracts

AMENDMENT NO. 2 EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • February 5th, 2024 • Eq Advisors Trust

Amendment No. 2 dated July 31, 2023 (“Amendment No. 2”) to the Expense Limitation Agreement dated January 1, 2023 (“Agreement”) between Equitable Investment Management Group, LLC (the “Adviser”), Equitable Investment Management, LLC (“the Administrator”) and EQ Advisors Trust (the “Trust”).

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AMENDMENT NO. 11 TO THE AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • February 5th, 2024 • Eq Advisors Trust

AMENDMENT NO. 11 dated July 31, 2023 (Amendment No. 11”), to the Amended and Restated Investment Advisory Agreement dated July 16, 2020 (“Agreement”) between EQ Advisors Trust, a Delaware statutory trust (“Trust”), and Equitable Investment Management Group, 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 • February 5th, 2024 • Eq Advisors Trust

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 • February 5th, 2024 • Eq Advisors Trust

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 • February 5th, 2024 • Eq Advisors Trust

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”).

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • February 5th, 2024 • Eq Advisors Trust

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. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • February 5th, 2024 • Eq Advisors Trust

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 • February 5th, 2024 • Eq Advisors Trust

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 • February 5th, 2024 • Eq Advisors Trust

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. 10 PARTICIPATION AGREEMENT
Participation Agreement • February 5th, 2024 • Eq Advisors Trust

Amendment No. 10, dated as of July 31, 2023 (“Amendment No. 10”), to the Participation Agreement, dated as of October 1, 2013, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), MONY Life Insurance Company and Equitable Distributors, LLC (collectively, the “Parties”).

EQ ADVISORS TRUST AMENDMENT NO. 1 TO THE INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • February 5th, 2024 • Eq Advisors Trust

AMENDMENT NO. 1 dated as of July 31, 2023 (“Amendment No. 1”) to the Investment Sub-Advisory Agreement dated as of July 16, 2020 (“Agreement”) between Equitable Investment Management Group, LLC, a limited liability company organized under the laws of the State of Delaware (“EIM” or “Adviser”), and J.P. Morgan Investment Management Inc., a Delaware corporation (“JPMIM” or “Sub-Adviser”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • February 5th, 2024 • Eq Advisors Trust

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. 1 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • February 5th, 2024 • Eq Advisors Trust

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 • February 5th, 2024 • Eq Advisors Trust

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. 44 AMENDED AND RESTATED GLOBAL CUSTODY AGREEMENT
Global Custody Agreement • February 5th, 2024 • Eq Advisors Trust

Amendment No. 44, dated as of July 31, 2023 (“Amendment No. 44”), to the Amended and Restated Global Custody Agreement, dated as of February 1, 2002, as amended (“Agreement”), by and between EQ Advisors Trust (“Trust”), on behalf of each of the portfolios designated on Schedule C thereto, and JPMorgan Chase Bank, N.A. (“Bank”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Agreement.

AMENDMENT NO. 21 SECOND AMENDED AND RESTATED PARTICIPATION AGREEMENT
Participation Agreement • February 5th, 2024 • Eq Advisors Trust

Amendment No. 21, dated as of July 31, 2023 (“Amendment No. 21”), to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), Equitable Financial Life Insurance Company, Equitable Investment Management Group, LLC and Equitable Distributors, LLC (collectively, the “Parties”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • February 5th, 2024 • Eq Advisors Trust

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”).

AMENDMENT NO. 22 AMENDED AND RESTATED PARTICIPATION AGREEMENT
Participation Agreement • February 5th, 2024 • Eq Advisors Trust

Amendment No. 22, dated as of July 31, 2023 (“Amendment No. 22”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), Equitable Financial Life Insurance Company of America and Equitable Distributors, LLC (collectively, the “Parties”).

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • February 5th, 2024 • Eq Advisors Trust

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. 2 TO THE MUTUAL FUNDS SERVICE AGREEMENT
Mutual Funds Service Agreement • February 5th, 2024 • Eq Advisors Trust

AMENDMENT NO. 2, dated as of July 31, 2023 (“Amendment No. 2”), 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.

EQ ADVISORS TRUST AMENDMENT NO. 2 TO THE INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • February 5th, 2024 • Eq Advisors Trust

AMENDMENT NO. 2 dated as of July 31, 2023 (“Amendment No. 2”) to the Investment Sub-Advisory Agreement dated as of July 16, 2020 (the “Agreement”), between Equitable Investment Management Group, LLC, a Delaware limited liability company (“EIM” or “Adviser”) and T. Rowe Price Associates, Inc., a corporation organized in the State of Maryland (“T. Rowe” or “Sub-Adviser”).

AMENDMENT NO. 2 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • February 5th, 2024 • Eq Advisors Trust

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, 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”).

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AMENDMENT NO. 7 SECURITIES LENDING AGREEMENT
Securities Lending Agreement • February 5th, 2024 • Eq Advisors Trust

Amendment No. 7, dated as of September 12, 2023 (“Amendment No. 7”), 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. 3 DISTRIBUTION AGREEMENT EQ ADVISORS TRUST – EQUITABLE DISTRIBUTORS, LLC – CLASS IA SHARES
Distribution Agreement • February 5th, 2024 • Eq Advisors Trust

AMENDMENT NO. 3 dated as of July 31, 2023 (“Amendment No. 3”), to the Distribution Agreement, dated as of July 16, 2020 (the “Agreement”), between EQ Advisors Trust, a Delaware statutory trust (the “Trust”), and Equitable Distributors, LLC (the “Distributor”), relating to Class IA shares.

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • February 5th, 2024 • Eq Advisors Trust

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. 8 DISTRIBUTION AGREEMENT EQ ADVISORS TRUST – EQUITABLE DISTRIBUTORS, LLC – CLASS IB SHARES
Distribution Agreement • February 5th, 2024 • Eq Advisors Trust

AMENDMENT NO. 8 dated as of July 31, 2023 (“Amendment No. 8”) to the Distribution Agreement dated as of July 16, 2020 (the “Agreement”) between EQ Advisors Trust, a Delaware statutory trust (the “Trust”), and Equitable Distributors, LLC (the “Distributor”), relating to Class IB shares.

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • February 5th, 2024 • Eq Advisors Trust

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 • February 5th, 2024 • Eq Advisors Trust

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. 8 DISTRIBUTION AGREEMENT EQ ADVISORS TRUST – EQUITABLE DISTRIBUTORS, LLC – CLASS K SHARES
Distribution Agreement • February 5th, 2024 • Eq Advisors Trust

AMENDMENT NO. 8 dated as of July 31, 2023 (“Amendment No. 8”) to the Distribution Agreement dated as of July 16, 2020 (the “Agreement”), between EQ Advisors Trust, a Delaware statutory trust (the “Trust”), and Equitable Distributors, LLC (the “Distributor”), relating to Class K shares.

AMENDMENT NO. 3 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • February 5th, 2024 • Eq Advisors Trust

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.

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