AMENDMENT NO. 2 TO CUSTODY AGREEMENT
Exhibit 10.9
AMENDMENT NO. 2 TO CUSTODY AGREEMENT
THIS AMENDMENT NO. 2 TO CUSTODY AGREEMENT (this Amendment No. 2), dated as of December 19, 2007 between NGP Capital Resources Company, a Maryland corporation (the Fund), which has elected to be a business development company under Section 54 of the Investment Company Act of 1940, as amended (the Investment Company Act), and Wells Fargo Bank, N.A., a national banking association (the Custodian).
ORIGINAL CUSTODY AGREEMENT
THIS CUSTODY AGREEMENT is made by and between NGP Capital Resources Company, a Maryland corporation (the Fund), which has elected to be a business development company under Section 54 of the Investment Company Act of 1940, as amended (the Investment Company Act), and Wells Fargo Bank, N.A., a national banking association (the Custodian), as of January 15, 2005.
8. Notices. All notices, instructions, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when received by the recipient party at the address provided below (a) on the date of service if served personally to the party to whom notice is to be given, (b) on the day of transmission if sent by facsimile transmission to the facsimile number given below, and telephonic confirmation or receipt is obtained promptly after completion of transmission, (c) on the day after delivery to Federal Express or similar overnight courier service or the Express Mail service maintained by the United States Postal Service, or (d) on the fifth day after mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed, return receipt requested, to the party as follows:
Notices to Fund shall be directed and mailed as follows:
NGP Capital Resources Company
1221 McKinney, Suite 2975
Houston, TX 77010
Attention: Paula J. Williams
Tel: 713 ###-###-####
Fax: 713 ###-###-####
Notices to Custodian shall be directed and mailed as follows:
Wells Fargo Bank, National Association
Corporate Trust Services
1021 Main St., Suite 2403
Houston, TX 77002
Attention: Janice Dew-Thompson
Tel: 713 ###-###-####
Fax: 713 ###-###-####
Either party may change its address for purposes of the paragraph by giving the other party written notice of the new address in the manner set forth above.
Approved By: | /s/ JOHN H. HOMIER | |
John H. Homier, President & CEO of the Fund |
AMENDED EXHIBIT A
DESIGNATED PERSONS OF THE FUND
NGP Capital Resources Company, a Maryland corporation (the Fund)
Name and Title | Signature | |||
1. | John H. Homier | /s/ JOHN H. HOMIER | ||
President and CEO of the Fund | ||||
2. | Stephen K. Gardner | /s/ STEPHEN K. GARDNER | ||
Secretary, Treasurer, and | ||||
CFO of the Fund | ||||
3. | Paula J. Williams | /s/ PAULA J. WILLIAMS | ||
Vice President of the Fund | ||||
4. | Jay Eckols | /s/ JAY ECKOLS | ||
Accounting and Budgeting Manager | ||||
5. | Mark Baird | /s/ MARK BAIRD | ||
Account Services Administrator |