EXHIBIT (h)(5)(ii)
EXTENSION AGREEMENT
THIS EXTENSION AGREEMENT is made as of January 31, 2008 by and between NEW YORK
LIFE INVESTMENT MANAGEMENT, LLC ("NYLIM") and STATE STREET BANK AND TRUST
COMPANY, a Massachusetts trust company and the successor in interest to
INVESTORS BANK & TRUST COMPANY ("Bank").
WHERAS, NYLIM and Bank have entered into a Master Fund Sub-Accounting and
Sub-Administration Agreement dated June 30, 2005, as such agreement has been
amended and extended from time to time (the "Master Agreement"); and
WHERAS, NYLIM and Bank desire to amend such Master Agreement in the manner set
forth herein;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and in
such agreements, it is agreed between the respective parties hereto as follows:
1) The Master Agreement between NYLIM and Bank is hereby amended by
deleting Section 8(a) of the Master Agreement in its entirety and by
inserting in lieu thereof the following:
"The term of this Agreement shall continue through June 30, 2011 (the
"Extension Term"), unless earlier terminated as provided herein.
After the expiration of the Extension Term, the term of this Agreement
shall automatically renew for successive one-year terms (each a
"Renewal Term") unless notice of non-renewal is delivered by the
non-renewing party to the other party no later than ninety (90) days,
if NYLIM is the non-renewing party or one hundred eighty (180) days if
Bank is the non-renewing party, prior to the expiration of the
Extension Term or any Renewal Term, as the case may be.
Either party hereto may terminate this Agreement prior to the
expiration of the Extension Term or any Renewal Term in the event the
other party violates any material provision of this Agreement,
provided that the non-violating party gives written notice of such
violation to the violating party and the violating party does not cure
such violation within ninety (90) days of receipt of such notice."
2) Miscellaneous.
(a) Except as amended hereby, the Master Agreement referenced herein
shall remain in full force and effect.
(b) This Extension may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall
constitute one and the same instrument
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed and delivered by their duly authorized officers as of the date first
written above.
NEW YORK LIFE INVESTMENT
MANAGEMENT, LLC
By: /s/ Xxxxx X. Xxxxxxx
---------------------
Name: Xxxxx X. Xxxxxxx
Title: President and CEO
STATE STREET BANK AND TRUST COMPANY
By: /s/ Xxxxxxx XxXxxxx
---------------------
Name: Xxxxxxx XxXxxxx
Title: Senior Vice President
