AGREEMENT OF AMENDMENT NO. 2 TO CONTROL AND COLLATERAL AGENCY AGREEMENT
AGREEMENT OF AMENDMENT NO. 2 TO CONTROL AND COLLATERAL AGENCY AGREEMENT
Dated as of December 3, 2012
Reference is made to that certain Control and Collateral Agency Agreement dated as of August 20, 2010 (as from time to time amended, the “Control Agreement”) among Invesco Xxx Xxxxxx Dynamic Credit Opportunities Fund (together with its permitted successors and assigns, the “Borrower”), Citibank, N.A., as program agent on behalf of the Secured Parties (in such capacity, together with its successors and assigns, the “Program Agent”) and State Street Bank and Trust Company (“State Street”). Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Control Agreement.
The parties hereto agree that, effective as of the date hereof, each reference in the Control Agreement to “Invesco Xxx Xxxxxx Dynamic Credit Opportunities Fund” shall be deemed to be a reference to “Invesco Dynamic Credit Opportunities Fund”.
The parties hereto agree that, effective as of the date hereof, Section 3(a) of the Control Agreement is hereby amended by replacing the first sentence thereof in its entirety with the following:
“The Securities Intermediary has established and will maintain segregated accounts, each entitled “INVESCO DYN CR OP PL CITI JL2X”, Account Number 00000000, ABA Number 000-000-000 (the “Deposit Account”), Account Number JL2X (the “Securities Account”, and together with the Deposit Account, collectively, the “Collateral Accounts”).”
The parties hereto agree that, effective as of the date hereof, the Control Agreement shall be amended by (i) replacing each reference to “a Securities Account”, “any Securities Account” and “each Securities Account” set forth therein with a reference to “the Securities Account”, and (ii) replacing each reference to “a Deposit Account” and “each Deposit Account” set forth therein with a reference to “the Deposit Account”.
The Borrower represents and warrants to the Program Agent, the Lenders, the Secondary Lenders and the Direct Lender that immediately after giving effect to this Agreement of Amendment No. 2 to Control and Collateral Agency Agreement, (i) its representations and warranties set forth in the Credit Agreement are true and correct in all material respects, (ii) no Default or Event of Default shall have occurred and be continuing, and (iii) the change of the name of the Borrower to “Invesco Dynamic Credit Opportunities Fund” is solely a name change and the Borrower is the same legal entity as “Invesco Xxx Xxxxxx Dynamic Credit Opportunities Fund” and remains liable for all of its obligations which existed immediately preceding the effectiveness of this Agreement of Amendment No. 2 to Control and Collateral Agency Agreement, including without limitation, its obligations under the Credit Agreement and the other Program Documents (as defined in the Credit Agreement) to which it is a party.
All references in the Program Documents (as defined in the Credit Agreement) to the Control Agreement on and after the date hereof shall be deemed to refer to the Control Agreement as amended hereby, and the parties hereto agree that on and after the date hereof, the Control Agreement, as amended hereby, is in full force and effect.
THIS AGREEMENT OF AMENDMENT NO. 2 TO CONTROL AND COLLATERAL AGENCY AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
[Signature Page Follows]
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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.
| CITIBANK, N.A., as Program Agent |
INVESCO XXX XXXXXX DYNAMIC CREDIT OPPORTUNITIES FUND | |||||||||||
| By: | /s/ Xxxx X. Xxxxxxxxx |
By: |
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| Name: | Xxxx X. Xxxxxxxxx | Name: | ||||||||||
| Title: | Vice President | Title: | ||||||||||
| STATE STREET BANK AND TRUST COMPANY | ||||||||||||
| By: |
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| Name: | Xxxxxxx X. Xxxxxx | |||||||||||
| Title: | Executive Vice President | |||||||||||
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.
| CITIBANK, N.A., as Program Agent |
INVESCO DYNAMIC CREDIT OPPORTUNITIES FUND | |||||||||||
| By: |
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By: | /s/ Xxxxxxxxx Xxxxxx | |||||||||
| Name: | Name: | Xxxxxxxxx Xxxxxx | ||||||||||
| Title: | Title: | Assistant Secretary | ||||||||||
| STATE STREET BANK AND TRUST COMPANY | ||||||||||||
| By: |
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| Name: | Xxxxxxx X. Xxxxxx | |||||||||||
| Title: | Executive Vice President | |||||||||||
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.
| CITIBANK, N.A., as Program Agent |
INVESCO XXX XXXXXX DYNAMIC CREDIT OPPORTUNITIES FUND | |||||||||||
| By: |
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By: |
| |||||||||
| Name: | Name: | |||||||||||
| Title: | Title: | |||||||||||
| STATE STREET BANK AND TRUST COMPANY | ||||||||||||
| By: | /s/ Xxxxxxx X. Xxxxxx |
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| Name: | Xxxxxxx X. Xxxxxx | |||||||||||
| Title: | Executive Vice President | |||||||||||
