Amendment to Custody Agreement between MVC Capital, Inc. and U.S. Bank, N.A. (March 31, 2015)
MVC Capital, Inc. and U.S. Bank, N.A. have agreed to amend their existing Custody Agreement. This amendment, effective March 31, 2015, changes the duration of the agreement so that it will remain in effect for three years unless terminated earlier as specified in the agreement. Both parties have formally approved this change through their authorized representatives.
Exhibit 10.7
MVC CAPITAL, INC.
AMENDMENT TO THE CUSTODY AGREEMENT
THIS AMENDMENT dated as of March 31, 2015, to the Custody Agreement, dated as of November 1, 2002, as amended February 10, 2006, May 1, 2006, June 14, 2006, April 6, 2009 and March 30, 2012 (the Agreement), is entered into by and between MVC Capital, Inc., a Delaware corporation (the Corporation) and U.S. Bank, N.A., a national banking association (the Custodian).
RECITALS
WHEREAS, the parties have entered into an Agreement; and
WHEREAS, the Corporation and the Custodian desire to amend the length of the Agreement; and
WHEREAS, Article XIV, Section 14.4 of the Agreement allows for an amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree as follows:
Section 10.1, effective period of the Agreement, is hereby superseded and replaced with the following Section 10.1:
10.1 Effective Period. This Agreement shall be effective as of March 31, 2015 and shall continue in full force and effect for three (3) years until terminated as hereinafter provided.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
MVC CAPITAL, INC. |
| U.S. BANK, N.A. | |||
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By: | /s/ Scott Schuenke |
| By: | /s/ Michael R. McVoy | |
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Printed Name: | Scott Schuenke |
| Printed Name: Michael R. McVoy | ||
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Title: | CFO |
| Title: Senior Vice President |