FORM OF AMENDMENT NO. 3 DISTRIBUTION AGREEMENT EQ ADVISORS TRUST – EQUITABLE DISTRIBUTORS, LLC – CLASS K SHARES
Exhibit (e)(2)(iv)
FORM OF AMENDMENT NO. 3
EQ ADVISORS TRUST – EQUITABLE DISTRIBUTORS, LLC – CLASS K SHARES
FORM OF AMENDMENT NO. 3 dated as of [ , 2021] (“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 K shares.
The Trust and the Distributor agree to modify and amend the Agreement as follows:
| 1. | New Portfolio. Effective [ , 2021], the EQ/Long-Term Bond Portfolio is hereby added to the Agreement on the terms and conditions contained in the Agreement; |
| 2. | Duration of Agreement for New Portfolio. |
| a. | With respect to the New Portfolio, the Agreement will continue in effect for two years after [ , 2021] and may be continued thereafter pursuant to subsection (b) below. |
| b. | With respect to the New Portfolio, the Agreement shall continue in effect annually after the date specified in subsection (a) only so long as such continuance is specifically approved at least annually by a majority of the Trustees of the Trust who are not interested persons of the Trust or Equitable Distributors and who have no direct or indirect financial interest in the distribution plan pursuant to which this Agreement has been authorized (or any agreement thereunder) (the “Independent Trustees”) by (a) persons having voting rights in respect of the Trust, by the vote stated in Section 11 of the Agreement, voted in accordance with the provisions contained in the form of Participation Agreement or any policies on conflicts adopted by the Board of Trustees, or (b) the Board of Trustees of the Trust. This Distribution Agreement may be terminated at any time, without penalty, by a majority of the Independent Trustees or by persons having voting rights in respect of the Trust by the vote stated in Section 11 of the Agreement. |
| 3. | Removed Portfolios. Effective June 18, 2021, all references to the 1290 VT Energy Portfolio, EQ/Franklin Balanced Managed Volatility Portfolio and EQ/Global Bond PLUS Portfolio are hereby removed from the Agreement. |
| 4. | Schedule A. Schedule A to the Agreement, setting forth the Portfolios of the Trust for which the Distributor is authorized to distribute Class K shares 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. 3 as of the date first set forth above.
| EQ ADVISORS TRUST | EQUITABLE DISTRIBUTORS, LLC | |||||||
| By: |
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By: |
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| Name: ▇▇▇▇▇▇ ▇▇▇▇ | Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇ | |||||||
| Title: Vice President | Title: Chairman of the Board, President and Chief Executive Officer | |||||||
SCHEDULE A
AMENDMENT NO. 3
CLASS K SHARES
EQ/Moderate Growth Strategy Portfolio
EQ/Money Market Portfolio
EQ/▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Small Cap Growth Portfolio
EQ/PIMCO Global Real Return Portfolio
EQ/PIMCO Real Return Portfolio
EQ/PIMCO Total Return Portfolio
EQ/PIMCO Ultra Short Bond Portfolio
EQ/Quality Bond PLUS Portfolio
EQ/Small Company Index Portfolio
EQ/▇. ▇▇▇▇ Price Growth Stock Portfolio
EQ/▇. ▇▇▇▇ Price Health Sciences Portfolio
EQ/Ultra Conservative Strategy Portfolio
EQ/Value Equity Portfolio
EQ/Wellington Energy Portfolio
Multimanager Aggressive Equity Portfolio
Multimanager Core Bond Portfolio
Multimanager Technology Portfolio