0001193125-16-753275 Sample Contracts

Second Amended and Restated Agreement and Declaration of Trust of 1290 Funds a Delaware Statutory Trust Principal Place of Business:
1290 Funds • October 31st, 2016 • Delaware

THIS SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of 1290 Funds is made as of the date set forth below by the Trustees named hereunder for the purpose of continuing a Delaware statutory trust in accordance with the provisions hereinafter set forth.

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AMENDMENT NO. 4 TO THE MUTUAL FUNDS SERVICE AGREEMENT
Mutual Funds Service Agreement • October 31st, 2016 • 1290 Funds

AMENDMENT NO. 4, dated as of November 1, 2016 (“Amendment No. 4”), to the Mutual Funds Service Agreement dated September 1, 2014 (the “Agreement”) between 1290 Funds, a Delaware statutory trust (“Trust”), and AXA Equitable Funds Management Group, LLC d/b/a 1290 Asset Managers, a Delaware limited liability company (“FMG LLC” or “Administrator”).

FORM OF AMENDMENT No. 4 To Transfer Agency and Service Agreement Between Each of the Entities, Individually and not Jointly, as Listed on Schedule A And Boston Financial Data Services, Inc.
Service Agreement • October 31st, 2016 • 1290 Funds

This Amendment is entered into as of this 1st day of November, 2016, between Boston Financial Data Services, Inc. (the “Transfer Agent”) and Each of the Entities, Individually and not Jointly, as listed on Schedule A (collectively, the “Funds” and individually, the “Fund”). In accordance with Section 16.1 (Amendment) and Section 17 (Additional Portfolios/Funds) of the Transfer Agency and Service Agreement between the parties dated October 29, 2014, as amended (the “Agreement”), the parties desire to amend the Agreement as set forth herein.

AMENDMENT NO. 4 EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • October 31st, 2016 • 1290 Funds

Amendment No. 4, effective as of November 1, 2016 (“Amendment No. 4”), to the Expense Limitation Agreement, dated as of September 1, 2014 (the “Agreement”) between AXA Equitable Funds Management Group, LLC doing business as 1290 Asset Managers (the “Adviser”), and 1290 Funds (the “Trust”).

AMENDMENT NO. 6 GLOBAL CUSTODY AGREEMENT
Global Custody Agreement • October 31st, 2016 • 1290 Funds

Amendment No. 6, effective as of November 1, 2016 (“Amendment No. 6”), to the Global Custody Agreement, dated as of October 30, 2014 (“Agreement”), by and between 1290 Funds (“Trust”) on behalf of each of the Funds designated on Exhibit A 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. 4 to Distribution Agreement
Distribution Agreement • October 31st, 2016 • 1290 Funds

This Amendment, dated as of November 1, 2016, to the Distribution Agreement (this “Amendment”), is made by and between 1290 Funds (the “Trust”), a Delaware statutory trust, and ALPS Distributors, Inc., a Colorado corporation, having its principal place of business at 1290 Broadway, Suite 1100, Denver, Colorado 80203 (the “Distributor”).

AMENDMENT NO. 4 TO THE INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • October 31st, 2016 • 1290 Funds

AMENDMENT NO. 4, effective as of November 1, 2016 (“Amendment No. 4”) to the Investment Advisory Agreement, dated as of September 1, 2014 (the “Agreement”), between 1290 Funds, a Delaware statutory trust (the “Trust”), and AXA Equitable Funds Management Group, LLC, a limited liability company organized in the State of Delaware, doing business as 1290 Asset Managers (“Adviser”).

AMENDMENT NO. 5 GLOBAL CUSTODY AGREEMENT
Global Custody Agreement • October 31st, 2016 • 1290 Funds

Amendment No. 5, effective as of May 6, 2016 (“Amendment No. 5”), to the Global Custody Agreement, dated as of October 30, 2014 (“Agreement”), by and between 1290 Funds (“Trust”) on behalf of each of the Funds designated on Exhibit A and JPMorgan Chase Bank, N.A. (“Bank”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Agreement.

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