FORM OF AMENDMENT NO. [XX] TO THE MUTUAL FUNDS SERVICE AGREEMENT
Exhibit (13)(a)(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 [ , 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, |
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| 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.) |
| 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: |
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By: |
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| ▇▇▇▇▇ ▇▇▇▇▇ Chief Financial Officer and Treasurer |
▇▇▇▇▇▇ ▇▇▇▇ President and Chief Operating Officer | |||||||
| EQUITABLE INVESTMENT MANAGEMENT GROUP, LLC | ||||||||
| By: |
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| ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 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 1290 VT DoubleLine Opportunistic Bond 1290 VT Equity Income 1290 VT GAMCO Mergers & Acquisition 1290 VT GAMCO Small Company Value 1290 VT Multi-Alternative Strategies 1290 VT Natural Resources 1290 VT Real Estate 1290 VT SmartBeta Equity ESG 1290 VT Socially Responsible EQ/AB Short Duration Government Bond EQ/AB Sustainable U.S. Thematic EQ/American Century Mid Cap Value EQ/Capital Group Research EQ/ClearBridge Large Cap Growth ESG EQ/Common Stock Index EQ/Core Bond Index EQ/Equity 500 Index EQ/Fidelity Institutional AM® Large Cap EQ/Franklin Rising Dividends EQ/▇▇▇▇▇▇▇ ▇▇▇▇▇ Mid Cap Value EQ/Intermediate Corporate Bond EQ/Intermediate Government Bond EQ/International Equity Index |
EQ/Invesco ▇▇▇▇▇▇▇▇ EQ/Invesco Global EQ/Invesco Global Real Assets EQ/Janus Enterprise EQ/JPMorgan Growth Stock EQ/JPMorgan Value Opportunities EQ/Large Cap Growth Index EQ/Large Cap Value Index EQ/Lazard Emerging Markets Equity EQ/Long-Term Bond EQ/▇▇▇▇▇▇ ▇▇▇▇▇▇ Growth EQ/MFS International Growth EQ/MFS International Intrinsic Value EQ/MFS Mid Cap Focused Growth EQ/MFS Technology EQ/MFS Utilities Series EQ/Mid Cap Index EQ/Money Market EQ/PIMCO Global Real Return EQ/PIMCO Real Return EQ/PIMCO Total Return ESG EQ/PIMCO Ultra Short Bond EQ/Small Company 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 | ||
| 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. |