FORM OF AGREEMENT AND PLAN OF REORGANIZATIONAgreement and Plan of Reorganization • March 7th, 2014 • Boulder Growth & Income Fund • Maryland
THIS AGREEMENT AND PLAN OF REORGANIZATION (the “Agreement”) is made as of this day of , 2014 by and among Boulder Growth & Income Fund, Inc., a Maryland corporation (“BIF” or the “Acquiring Fund”); Boulder Total Return Fund, Inc., a Maryland corporation (“BTF”), The Denali Fund Inc., a Maryland corporation (“DNY”), and First Opportunity Fund, Inc., a Maryland corporation (“FOFI”)(each of BTF, DNY and FOFI, a “Selling Fund” and collectively the “Selling Funds”) (each of the Acquiring Fund and Selling Funds referred to herein as a “Fund” and collectively, the “Funds”). The principal place of business of the Acquiring Fund and the Selling Funds is 2344 Spruce Street, Suite A, Boulder, Colorado 80302.
AMENDMENT AGREEMENTCommitted Facility Agreement • March 7th, 2014 • Boulder Growth & Income Fund • New York
AMENDMENT AGREEMENT (“Amendment”) dated as of December 31, 2013 to the Committed Facility Agreement dated as of March 19, 2013 between BNP Paribas Prime Brokerage, Inc. (“BNPP”) and Boulder Growth & Income Fund, Inc. (“Customer”), (the “Agreement”).
ADMINISTRATION, BOOKKEEPING AND PRICING SERVICES AGREEMENTAdministration, Bookkeeping and Pricing Services Agreement • March 7th, 2014 • Boulder Growth & Income Fund • Colorado
THIS AGREEMENT is made as of July 11 , 2008, , between the Boulder Growth and Income Fund, Inc., organized as a corporation under the laws of the State of Maryland (the “Fund”) and ALPS Fund Services, Inc., a Colorado corporation located at 1290 Broadway, Suite 1100, Denver, Colorado (“ALPS”).
AMENDMENT NO.1 TO ADMINISTRATION, BOOKKEEPING AND PRICING SERVICES AGREEMENTAdministration, Bookkeeping and Pricing Services Agreement • March 7th, 2014 • Boulder Growth & Income Fund • Colorado
This Amendment No. 1 to Administration, Bookkeeping and Pricing Services Agreement (this “Amendment”) is entered into as of Nov 1st, 2011, by and between Boulder Growth & Income Fund, Inc., a Maryland corporation (the “Fund”) and ALPS Fund Services, Inc., a Colorado corporation (“ALPS”).
SECOND AMENDMENT TO ADMINISTRATION AGREEMENTAdministration Agreement • March 7th, 2014 • Boulder Growth & Income Fund
THIS SECOND AMENDMENT TO ADMINISTRAION AGREEMENT (this “Amendment”) is made as of the 29th day of January, 2010 by and among FUND ADMINISTRATIVE SERVICES, LLC, a Colorado limited liability company (the “Administrator”) and BOULDER GROWTH & INCOME FUND, INC. a Maryland corporation (the “Fund”).
Committed Facility AgreementCommitted Facility Agreement • March 7th, 2014 • Boulder Growth & Income Fund • New York
BNP PARIBAS PRIME BROKERAGE, INC. (“BNPP PB, Inc.”) and the counterparty specified on the signature page (“Customer”), hereby enter into this Committed Facility Agreement (this “Agreement”), dated as of March 19, 2013.
CUSTODY AGREEMENTCustody Agreement • March 7th, 2014 • Boulder Growth & Income Fund • New York
AGREEMENT, dated as of , 2008 between Fund Administrative Services, L.L.C., a Colorado limited liability company, having its principal office and place of business at 2344 Spruce Street, Suite A, Boulder, Colorado 80302, as agent for the funds listed in Schedule II (the “Fund”) and The Bank of New York, a New York corporation authorized to do a banking business having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).
