EX-2.(K)(IX) 13 a2146955zex-2_kix.txt EX 2.(K)(IX) Exhibit 2(k)(ix) AGREEMENT OF AMENDMENT Dated as of October 15, 2004 Reference is made to that certain Revolving Credit and Security Agreement dated as of October 23, 1998 (as from time to time amended, the "Credit Agreement") among Managed High Yield Plus Fund Inc. (the "Borrower"), CRC Funding, LLC (formerly Corporate Receivables Corporation), Citibank, N.A. (the "Secondary Lender") and Citicorp North America, Inc., as agent (the "Agent"). Capitalized terms used and not defined herein shall have the meanings assigned to them in the Credit Agreement. The parties hereto agree that, effective as of the date hereof, the definition of the term "Maturity Date" set forth in Section 1.01 of the Credit Agreement is hereby amended by replacing the date "October 15, 2005" set forth in clause (ii) therein with the date "October 13, 2006". The parties hereto agree that, effective as of the date hereof, the definition of the term "Secondary Lender Stated Expiration Date" set forth in Section 1.01 of the Credit Agreement is hereby amended by replacing the date "October 15, 2004" set forth therein with the date "October 13, 2005". The parties hereto agree that, effective as of the date hereof, Section 9.02 of the Credit Agreement shall be amended to replace the information set forth therein with respect to the Borrower with the following: "If to the Borrower: Managed High Yield Plus Fund Inc. 51 West 52nd Street New York, New York 10019 Attention: Thomas Disbrow Telephone: (212) 882-5225 Facsimile: (212) 882-5612 With a copy to UBS Global Asset Management 51 West 52nd Street New York, New York 10019 Attention: Keith Weller Telephone: (212) 882-5576 Facsimile: (212) 882-5472" The Borrower represents and warrants to the Agent, the Lender and the Secondary Lender that immediately after giving effect to this Amendment, the representations and warranties of the Borrower set forth in the Credit Agreement are true and correct in all material respects and no Default or Event of Default shall have occurred and be continuing. This Agreement of Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. THIS AGREEMENT OF AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. All references in any Program Document to the Credit Agreement on and after the date hereof shall be deemed to refer to the Credit Agreement as amended hereby, and the parties hereto agree that on and after the date hereof, the Credit Agreement, as amended hereby, is in full force and effect. 2 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. CITICORP NORTH AMERICA, INC., CITIBANK, N.A., as Agent as Secondary Lender By: Derek L. Riddick Name: Derek L Riddick Title: Vice President CRC FUNDING, LLC MANAGED HIGH YIELD PLUS FUND INC., By: Citicorp North America, Inc., as Borrower as Attorney-in-Fact By: /s/ Derek L. Riddick By: /s/ Thomas Disbrow Name: Derek L Riddick Name: Thomas Disbrow Title:Vice-President Title: Vice President & Treasurer By: Joseph A. Varnas Name: Joseph A. Varanas Title: President 3