Fourth Amendment to the Expense Support Agreement dated as of March 17, 2017

EX-10.1 2 ex10-1.htm FOURTH AMENDMENT TO THE EXPENSE SUPPORT AGREEMENT DATED AS OF MARCH 22, 2017
 

Corporate Capital Trust II - 8-K

Exhibit 10.1

 

FOURTH AMENDMENT TO THE EXPENSE SUPPORT AND CONDITIONAL REIMBURSEMENT AGREEMENT

 

 

This fourth amendment to the Amended and Restated Expense Support and Conditional Reimbursement Agreement (this “Fourth Amendment”) is made as of March 17, 2017, by and among CORPORATE CAPITAL TRUST II, a Delaware statutory trust, (the “Company”), CNL FUND ADVISORS II, LLC, a Delaware limited liability company (“CNL”) and KKR CREDIT ADVISORS (US) LLC, a Delaware limited liability company (“KKR”).

WHEREAS, the Company, CNL and KKR are parties to that certain Amended and Restated Expense Support and Conditional Reimbursement Agreement dated September 24, 2015 (the “Agreement”); and

WHEREAS, the parties amended the Agreement on May 10, 2016 (the “First Amendment”), on September 23, 2016 (the “Second Amendment”) and on December 22, 2016 (the “Third Amendment”); and

WHEREAS, in accordance with Section 4.5 of the Agreement, the parties desire to further amend the Agreement as hereinafter set forth.

NOW, THEREFORE, in consideration of the premises and the covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1.                  The reference to “March 31, 2017” in Section 1 of the Agreement is hereby deleted, and “June 30, 2017” is inserted in the place of such deleted reference.

2.                  Full Force and Effect. Except as modified hereby, the Agreement shall remain in full force and effect. All capitalized terms shall mean the same as in the Agreement.

3.                  Counterparts. This Fourth Amendment may be executed in more than one counterpart, each of which will be deemed to be an original but all of which together will constitute one and the same instrument. This Fourth Amendment may also be executed electronically.

4.                  Governing Law. This Fourth Amendment shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of law provisions.

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IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be duly executed as of the date first above written.

  CNL FUND ADVISORS II, LLC
     
     
  By:  /s/ Chirag J. Bhavsar
    Name: Chirag J. Bhavsar
    Title: Chief Financial Officer
     
     
  KKR CREDIT ADVISORS (US) LLC
     
     
  By:  /s/ Nicole J. Macarchuk
    Name: Nicole J. Macarchuk
    Title:  Authorized Signatory
     
     
  CORPORATE CAPITAL TRUST II
     
     
  By:  /s/ Thomas K Sittema
    Name: Thomas K. Sittema
    Title: Chief Executive Officer

 

 

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