THIRD AMENDMENT AGREEMENT
AMENDMENT AGREEMENT ("AMENDMENT") dated as of March 18, 2016 to the Committed
Facility Agreement dated April 7, 2014 between BNP Paribas Prime Brokerage
International, Ltd. ("PBL") and First Trust New Opportunities MLP & Energy Fund
("CUSTOMER"), (the "AGREEMENT").
WHEREAS, the parties hereto desire to amend the Agreement as provided herein.
NOW THEREFORE, in consideration of the mutual agreements provided herein, the
parties agree to amend the Agreement as follows:
1. AMENDMENT TO SECTION 1 "FUNDING EVENT" DEFINITION
The parties agree to amend the definition of "Funding Event" in Section 1
of the Agreement to replace the beginning date of the period specified
therein with the date of this Amendment.
2. MISCELLANEOUS
(a) DEFINITIONS. Capitalized terms used in this Amendment and not
otherwise defined herein shall have the meanings specified for such
terms in the Agreement.
(b) ENTIRE AGREEMENT. This Amendment constitutes the entire agreement
and understanding of the parties with respect to its subject matter
and supersedes all oral communications and prior writings (except as
otherwise provided herein) with respect thereto.
(c) COUNTERPARTS. This Amendment may be executed and delivered in
counterparts (including by facsimile transmission), each of which
will be deemed an original.
(d) HEADINGS. The headings used in this Amendment are for convenience of
reference only and are not to affect the construction of or to be
taken into consideration in interpreting this Amendment.
(e) GOVERNING LAW. This Amendment will be governed by and construed in
accordance with the laws of the State of New York (without reference
to choice of law doctrine).
(Signature page follows)
1
IN WITNESS WHEREOF the parties have executed this Amendment with effect from the
first date specified on the first page of this Amendment.
BNP PARIBAS PRIME BROKERAGE FIRST TRUST NEW OPPORTUNITIES MLP
INTERNATIONAL, LTD. & ENERGY FUND
/s/ Xxxxxxx Xxxx /s/ Xxxxx X. Xxxxx
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Name: Xxxxxxx Xxxx Name: Xxxxx X. Xxxxx
Title: Managing Director Title: President and CEO
/s/ XX Xxxx
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Name: XX Xxxx
Title: Managing Director
