Exhibit 2(k)(vi)
AGREEMENT OF AMENDMENT
Dated as of October 19, 2001
Reference is made to that certain Revolving Credit and Security Agreement
dated as of October 23, 1998 (as from time to time amended, the "Credit
Agreement") among Managed High Yield Plus Fund Inc. (the "Borrower"), Corporate
Receivables Corporation, Citibank, N.A. and Citicorp North America, Inc., as
agent (the "Agent"). Capitalized terms used and not defined herein shall have
the meanings assigned to them in the Credit Agreement.
The parties hereto agree that, effective as of the date hereof, the
definition of the term "Secondary Lender Stated Expiration Date" set forth in
Section 1.01 of the Credit Agreement is hereby amended by replacing the date
"October 19, 2001" set forth therein with the date "October 18, 2002".
The parties hereto agree that, effective as of the date hereof, the
definition of the term "Applicable Margin" set forth in Section 1.01 of the
Credit Agreement is hereby amended by (i) replacing the percentage ".50%" set
forth therein with the percentage ".75%" and (ii) replacing the percentage
"1.50%" set forth therein with the percentage "1.75%".
The parties hereto agree that, effective as of the date hereof, the
definition of the term "Maturity Date" set forth in Section 1.01 of the Credit
Agreement is hereby amended by replacing such definition in its entirety with
the following language:
""MATURITY DATE" shall mean (i) with respect to any Advance made and
maintained by the Lender, the Lender Termination Date (or if such day
is not a Business Day, the Business Day immediately preceding such
date) or such earlier date as provided in Section 6.01, and (ii) with
respect to any Advance made or maintained by a Secondary Lender,
including a Committed Advance, October 17, 2003 or such earlier date
as provided in Section 6.01 or such later date as shall be agreed to
in writing by the Agent and the Borrower."
The parties hereto agree that, effective as of the date hereof; the
definition of the term "Secondary Lender Stated Expiration Date" set forth in
Section 1.01 of the Credit Agreement is hereby amended by inserting the
following language at the end thereof
"; PROVIDED, FURTHER, that in no event shall the Secondary Lender
Stated Expiration Date be extended beyond the stated Maturity Date of
the Advances maintained by the Secondary Lenders."
This Agreement of Amendment may be executed in any number of counterparts,
each of which when so executed shall be deemed to be an original and all of
which when taken together shall constitute one and the same agreement.
THIS AGREEMENT OF AMEDMENT SHALL BE GOVERNED BY AND CONSTRUED 1N ACCORDANCE
WITH THE LAWS OF THE. STATE OF NEW YORK.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement of
Amendment to be executed and delivered by their duly authorized officers as of
the date first above written.
CITICORP NORTH AMERICA, INC., as Agent CITIBANK, N.A.
as secondary lender
By: /s/ Xxxxx Xxxxxxxxx By: /s/ Xxxxx Xxxxxxxxx
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Name: Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx
Title: Vice President Title: Vice President
CORPORATE RECEIVABLES CORPORATION MANAGED HIGH YIELD PLUS FUND
By: Citicorp North America, Inc., INC., as Borrower
its Managing Agent
By: /s/ Xxxxx Xxxxxxxxx By: Xxxx X. Xxxxxxxx
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Name: Xxxxx Xxxxxxxxx Name: Xxxx X. Xxxxxxxx
Title: Vice President Title: Treasurer
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