EX-99.(D)(16)(III) 18 dex99d16iii.txt AMENDMENT NO. 1 DATED AS OF DECEMBER 12, 2003 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/ Jonathan M. Payson By: /s/ Peter D. Noris ------------------------------ --------------------------------------- Name: Jonathan M. Payson Peter D. Noris 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** ---- -------------------------- 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.