Exhibit 2(k)(ix)
AGREEMENT OF AMENDMENT
Dated as of October 15, 2004
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"), CRC
Funding, LLC (formerly Corporate Receivables Corporation), Citibank, N.A. (the
"Secondary Lender") 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 "Maturity Date" set forth in Section 1.01 of the Credit
Agreement is hereby amended by replacing the date "October 15, 2005" set forth
in clause (ii) therein with the date "October 13, 2006".
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 15, 2004" set forth therein with the date "October 13, 2005".
The parties hereto agree that, effective as of the date hereof, Section
9.02 of the Credit Agreement shall be amended to replace the information set
forth therein with respect to the Borrower with the following:
"If to the Borrower: Managed High Yield Plus Fund Inc.
00 Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attention: Xxxxxx Xxxxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
With a copy to UBS Global Asset Management
00 Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attention: Xxxxx Xxxxxx
Telephone: (000) 000-0000
Facsimile: (000) 000-0000"
The Borrower represents and warrants to the Agent, the Lender and the
Secondary Lender that immediately after giving effect to this Amendment, the
representations and warranties of the Borrower set forth in the Credit Agreement
are true and correct in all material respects and no Default or Event of Default
shall have occurred and be continuing.
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 AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
All references in any Program Document to the Credit Agreement on and after
the date hereof shall be deemed to refer to the Credit Agreement as amended
hereby, and the parties hereto agree that on and after the date hereof, the
Credit Agreement, as amended hereby, is in full force and effect.
2
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed and delivered by their duly authorized officers as of the date first
above written.
CITICORP NORTH AMERICA, INC., CITIBANK, N.A.,
as Agent as Secondary Lender
By: Xxxxx X. Xxxxxxx
Name: Xxxxx X Xxxxxxx
Title: Vice President
CRC FUNDING, LLC MANAGED HIGH YIELD PLUS FUND INC.,
By: Citicorp North America, Inc., as Borrower
as Attorney-in-Fact
By: /s/ Xxxxx X. Xxxxxxx By: /s/ Xxxxxx Xxxxxxx
Name: Xxxxx X Xxxxxxx Name: Xxxxxx Xxxxxxx
Title:Vice-President Title: Vice President & Treasurer
By: Xxxxxx X. Xxxxxx
Name: Xxxxxx X. Varanas
Title: President
3
