EXTENSION AGREEMENT
THIS
EXTENSION AGREEMENT is made as of January 31, 2008 by and between the funds
listed on Appendix I hereto (each a Fund and collectively “the Funds”) and STATE
STREET BANK AND TRUST COMPANY, a Massachusetts trust company and the successor
in interest to INVESTORS BANK & TRUST COMPANY (“Bank”).
WHERAS,
the Funds and Bank have entered into a Master Custodian Agreement dated June 30,
2005, as such Master Custodian Agreement has been amended and extended from time
to time (the “Master Custodian Agreement”); and
WHERAS,
the Funds and Bank desire to amend such Master Custodian 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:
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1)
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The
Master Custodian Agreement between the Funds and Bank is hereby amended by
deleting Section 15.1 of the Master Custodian Agreement in its entirety
and by inserting in lieu thereof the
following:
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“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 a Fund 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.”
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2)
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Miscellaneous.
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(a) Except
as amended hereby, the Master Custodian Agreements referenced herein shall
remain in full force and effect.
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(b)
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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
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1
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.
EACH OF
THE ENTITIES LISTED
ON APPENDIX I HERETO
ON APPENDIX I HERETO
By: /s/ Xxxxxxx X.
Xxxxxx
Name:
Xxxxxxx X. Xxxxxx
Title:
President
STATE
STREET BANK AND TRUST COMPANY
By: /s/ Xxxxxxx
XxXxxxx
Name: Xxxxxxx
XxXxxxx
Title: Senior
Vice President
2
APPENDIX
I
PARTIES
TO AGREEMENT
Eclipse
Funds
MainStay Balanced
Fund
MainStay
Mid Cap Opportunity Fund
MainStay Small Cap Opportunity
Fund
Eclipse
Funds Inc.
MainStay
130/30 Core Fund
MainStay
130/30 Growth Fund
MainStay
130/30 High Yield Fund
MainStay
130/30 International Fund
MainStay All Cap Growth
Fund
MainStay Cash Reserves
Fund
MainStay Conservative Allocation
Fund
MainStay Floating Rate
Fund
MainStay Growth Allocation
Fund
MainStay Growth Equity
Fund
MainStay Income Manager
Fund
MainStay Indexed Bond
Fund
MainStay Intermediate Term Bond
Fund
MainStay Large Cap Opportunity
Fund
MainStay Moderate Allocation
Fund
MainStay Moderate Growth Allocation
Fund
MainStay
Retirement 2010 Fund
MainStay Retirement 2020
Fund
MainStay Retirement 2030
Fund
MainStay Retirement 2040
Fund
MainStay Retirement 2050
Fund
MainStay S&P 500 Index
Fund
MainStay Short Term Bond
Fund
ICAP Funds,
Inc.
MainStay ICAP Equity
Fund
MainStay ICAP Select Equity
Fund
MainStay
ICAP International Fund
The MainStay
Funds
Capital Appreciation
Fund
Common Stock Fund
Convertible
Fund
Diversified Income
Fund
Equity Index Fund
Global High Income
Fund
Government
Fund
High Yield Corporate Bond
Fund
Institutional Bond
Fund
International Equity
Fund
Large Cap Growth
Fund
MAP Fund
Mid Cap
Growth Fund
3
Mid Cap
Value Fund
Money Market Fund
Principal Preservation
Fund
Small Cap Growth
Fund
Small Cap Value Fund
Tax Free Bond Fund
Total Return Fund
Value Fund
MainStay VP
Series Fund, Inc.
MainStay VP Balanced
Portfolio
MainStay XX Xxxx
Portfolio
MainStay VP Capital Appreciation
Portfolio
MainStay VP Cash Management
Portfolio
MainStay VP Common Stock
Portfolio
MainStay VP Conservative Allocation
Portfolio
MainStay VP Convertible
Portfolio
MainStay VP Developing Growth
Portfolio
MainStay VP Floating Rate
Portfolio
MainStay VP Government
Portfolio
MainStay VP Growth Allocation
Portfolio
MainStay VP High Yield Corporate Bond
Portfolio
MainStay VP ICAP Select Equity
Portfolio
MainStay VP International Equity
Portfolio
MainStay VP Large Cap Growth
Portfolio
MainStay VP Mid Cap Core
Portfolio
MainStay VP Mid Cap Growth
Portfolio
MainStay VP Mid Cap Value
Portfolio
MainStay VP Moderate Allocation
Portfolio
MainStay VP Moderate Growth Allocation
Portfolio
MainStay VP S & P 500
Portfolio
MainStay VP Small Cap Growth
Portfolio
MainStay VP Total Return
Portfolio
MainStay VP Value
Portfolio
4
