Exhibit (d)(16)(iii)
AMENDMENT NO. 1 TO
AMENDED AND RESTATED
INVESTMENT ADVISORY AGREEMENT
AMENDMENT NO. 1 to Amended and Restated Investment Advisory Agreement
("Amendment No. 1"), dated as of December 12, 2003, between The Equitable Life
Assurance Society of the United States, a New York stock life insurance
corporation (the "Manager") and Wellington Management Company, LLP, a limited
liability partnership organized under the laws of the Commonwealth of
Massachusetts ("Adviser"), with respect to the AXA Premier Funds Trust.
The Manager and the Adviser agree to modify and amend the Amended and
Restated Investment Advisory Agreement (the "Agreement") dated as of August 18,
2003 between them as follows:
1. Fund. The Manager hereby appoints the Adviser as one of the investment
advisers for the AXA Premier Technology Fund on the terms and
conditions set forth in the Agreement.
2. Appendix A. Appendix A to the Agreement, setting forth the Funds of
the Trust for which the Adviser is appointed as the investment adviser
and the fees payable to the Adviser with respect to each Fund, is
hereby replaced in its entirety by Appendix 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. 1 as of the date first above set forth.
WELLINGTON MANAGEMENT COMPANY, LLP THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE
UNITED STATES
By: /s/ Xxxxxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxxx
------------------------------ ---------------------------------------
Name: Xxxxxxxx X. Xxxxxx Xxxxx X. Xxxxx
Title: Senior Vice President Executive Vice President
APPENDIX A
TO AMENDMENT NO. 1
TO AMENDED AND RESTATED
INVESTMENT ADVISORY AGREEMENT
WITH
WELLINGTON MANAGEMENT COMPANY, LLP
Fund Annual Advisory Fee Rate**
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AXA Premier Health Care Fund* 0.65% of the Wellington Allocated
Portion's average daily net assets up to
and including $50 million; 0.55% of the
Wellington Allocated Portion's average
daily net assets in excess of $50
million up to and including $100
million; and 0.45% of the Wellington
Allocated Portion's average daily net
assets in excess of $100 million
Small/Mid Cap Value Portfolios, which 0.55% of the Wellington Allocated
shall consist of the following Portions' average daily net assets up to
Allocated Portion and Other Allocated and including $200 million; 0.45% of the
Portion*** (collectively referred to Wellington Allocated Portion's average
as "Small/Mid Cap Value Portfolios"): daily net assets in excess of $200
million
AXA Premier Small/Mid Cap Value
Fund*
AXA Premier VIP Small/Mid Cap
Value Portfolio*
Technology Portfolios, which shall 0.65% of the Wellington Allocated
consist of the following Allocated Portions' average daily net assets up to
Portion and Other Allocated and including $50 million; 0.55% of the
Portion*** (collectively referred to Wellington Allocated Portions' average
as "Technology Portfolios"): daily net assets in excess of $50
million up to and including $100
AXA Premier Technology Fund* million; and 0.45% of the Wellington
AXA Premier VIP Technology Allocated Portions' average daily net
Portfolio* assets in excess of $100 million
EQ/Technology Portfolio*
*Fee to be paid with respect to this Fund shall be based only on the portion of
the Fund's average daily net assets advised by the Adviser, which may be
referred to as the "Wellington Allocated Portion."
** The daily advisory fee for the Wellington Allocated Portion is calculated by
multiplying the aggregate net assets of the Wellington Allocated Portion at the
close of the immediately preceding business day by the annual Advisory Fee Rate
calculated as set forth above and then dividing the result by the number of days
in the year.
***Other Allocated Portions are other registered investment companies (or series
or portions thereof) that are managed by the Manager and advised by the Adviser,
which are classified as "Small/Mid Cap Value Portfolios" or "Technology
Portfolios", respectively.
