FORM OF AMENDMENT NO. XX TO THE MUTUAL FUNDS SERVICE AGREEMENT
Exhibit (h)(1)(iii)
FORM OF AMENDMENT NO. XX
TO THE
MUTUAL FUNDS SERVICE AGREEMENT
FORM OF AMENDMENT NO. XX, dated as of , 2023 (“Amendment No. XX”), 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 Administrator and the Adviser agree to modify the Agreement as follows:
| 1. | New Portfolios. Effective November , 2023, the following Portfolios are hereby added to the Agreement on the terms and conditions contained in the Agreement: |
| ☐ | EQ/Aggressive Allocation Portfolio |
| ☐ | EQ/Conservative Allocation Portfolio |
| ☐ | EQ/Conservative-Plus Allocation Portfolio |
| ☐ | EQ/Core Plus Bond Portfolio |
| ☐ | EQ/Moderate Allocation Portfolio |
| ☐ | EQ/Moderate-Plus Allocation Portfolio |
| ☐ | Target 2015 Allocation Portfolio |
| ☐ | Target 2025 Allocation Portfolio |
| ☐ | Target 2035 Allocation Portfolio |
| ☐ | Target 2045 Allocation Portfolio |
| ☐ | Target 2055 Allocation Portfolio |
(“New Portfolios”)
| 2. | Duration of Agreement for the New Portfolios. |
| a. | With respect to the New Portfolios, 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 Portfolios, 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.) |
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| 3. | 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.
IN WITNESS WHEREOF, the parties have executed and delivered this Amendment No. XX as of the date first above set forth.
| EQ ADVISORS TRUST | EQUITABLE INVESTMENT MANAGEMENT, LLC | |||||||
| By: | By: | |||||||
| ▇▇▇▇▇ ▇▇▇▇▇ | ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ | |||||||
| Chief Financial Officer and Treasurer | Executive Vice President and Chief Investment Officer | |||||||
| EQUITABLE INVESTMENT MANAGEMENT GROUP, LLC | ||||||||
| By: | ||||||||
| ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ | ||||||||
| Executive Vice President and Chief Investment Officer | ||||||||
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FORM OF AMENDMENT NO. XX
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 ▇▇▇▇▇▇▇▇ | |
| 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 Growth Stock | |
| 1290 VT Multi-Alternative Strategies | EQ/JPMorgan Value Opportunities | |
| 1290 VT Natural Resources | EQ/Large Cap Growth Index | |
| 1290 VT Real Estate | EQ/Large Cap Value Index | |
| 1290 VT SmartBeta Equity ESG | EQ/Lazard Emerging Markets Equity | |
| 1290 VT Socially Responsible | EQ/Long-Term Bond | |
| EQ/AB Short Duration Government Bond | EQ/▇▇▇▇▇▇ ▇▇▇▇▇▇ Growth | |
| EQ/AB Sustainable U.S. Thematic | EQ/MFS International Growth | |
| EQ/American Century Mid Cap Value | EQ/MFS International Intrinsic Value | |
| EQ/Capital Group Research | EQ/MFS Mid Cap Focused Growth | |
| EQ/ClearBridge Large Cap Growth ESG | EQ/MFS Technology | |
| EQ/Common Stock Index | EQ/MFS Utilities Series | |
| EQ/Core Bond Index | EQ/Mid Cap Index | |
| EQ/Equity 500 Index | EQ/Money Market | |
| EQ/Fidelity Institutional AM® Large Cap | EQ/PIMCO Global Real Return | |
| EQ/Franklin Rising Dividends | EQ/PIMCO Real Return | |
| EQ/▇▇▇▇▇▇▇ ▇▇▇▇▇ Mid Cap Value | EQ/PIMCO Total Return ESG | |
| EQ/Intermediate Corporate Bond | EQ/PIMCO Ultra Short Bond | |
| EQ/Intermediate Government Bond | EQ/Small Company Index | |
| EQ/International Equity Index | EQ/▇. ▇▇▇▇ 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)
| 1290 VT High Yield Bond |
| 1290 VT Micro Cap |
| 1290 VT Moderate Growth Allocation |
| 1290 VT Small Cap Value |
| ATM International Managed Volatility |
| ATM Large Cap Managed Volatility |
| ATM Mid Cap Managed Volatility |
| ATM Small Cap Managed Volatility |
| EQ/500 Managed Volatility |
| EQ/International Managed Volatility |
| EQ/2000 Managed Volatility |
| EQ/400 Managed Volatility |
| EQ/AB Dynamic Aggressive Growth |
| EQ/AB Dynamic Growth |
| EQ/AB Dynamic Moderate Growth |
| EQ/AB Small Cap Growth |
| EQ/Aggressive Growth Strategy |
| EQ/All Asset Growth Allocation |
| EQ/American Century Moderate Growth Allocation |
| EQ/Balanced Strategy |
| EQ/ClearBridge Select Equity Managed Volatility |
| EQ/Conservative Growth Strategy |
| EQ/Conservative Strategy |
| EQ/Emerging Markets Equity PLUS |
| EQ/Franklin Moderate Allocation |
| EQ/Franklin Small Cap Value Managed Volatility |
| EQ/Global Equity Managed Volatility |
| EQ/▇▇▇▇▇▇▇ ▇▇▇▇▇ Growth Allocation |
| EQ/▇▇▇▇▇▇▇ ▇▇▇▇▇ Moderate Growth Allocation |
| EQ/Growth Strategy |
| EQ/International Core Managed Volatility |
| EQ/International Value Managed Volatility |
| EQ/Invesco Moderate Allocation |
| EQ/Invesco Moderate Growth Allocation |
| EQ/JPMorgan Growth Allocation |
| EQ/Large Cap Core Managed Volatility |
| EQ/Large Cap Growth Managed Volatility |
| EQ/Large Cap Value Managed Volatility |
| EQ/Mid Cap Value Managed Volatility |
| EQ/Moderate Growth Strategy |
| EQ/▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Small Cap Growth |
| EQ/Quality Bond PLUS |
| EQ/Ultra Conservative Strategy |
| Equitable Conservative Growth MF/ETF |
| Equitable Moderate Growth MF/ETF |
| Equitable Growth MF/ETF |
| Multimanager Aggressive Equity |
| Multimanager Core Bond |
| Multimanager Technology |
| EQ/Aggressive Allocation |
| EQ/Conservative Allocation |
| EQ/Conservative-Plus Allocation |
| EQ/Core Plus Bond |
| EQ/Moderate Allocation |
| EQ/Moderate-Plus Allocation |
| Target 2015 Allocation |
| Target 2025 Allocation |
| Target 2035 Allocation |
| Target 2045 Allocation |
| Target 2055 Allocation |
| * | Assets of these Portfolios are not included in the calculation of the single-advised Portfolio asset-based fee. |