EX-99.(K)(3) 3 a12-18944_1ex99dk3.htm EX-99.(K)(3)

Exhibit 99.(k)(3)

 

Execution Copy

 

AMENDMENT NO. 1 TO ADMINISTRATION AGREEMENT

 

AMENDMENT No. 1, made as of this first day of November 2011, to the Administration Agreement (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Agreement”) dated as of as of June 7, 2002 by and between State Street Bank and Trust Company, a Massachusetts trust company (the “Administrator”), and Credit Suisse High Yield Bond Fund  (the “Fund”).  Defined terms used herein shall have the same meaning as set forth in the Agreement.

 

WHEREAS, the Fund is registered as a closed-end management investment company under the Investment Company Act of 1940, as amended (the “1940 Act”);

 

WHEREAS, the Administrator and the Fund have entered into the Agreement by which the Administrator provides certain administrative services to the Fund; and

 

WHEREAS, the Fund and the Administrator wish to amend the Agreement to institute a term of one year effective as of the date set forth above and terminable upon 120 days’ written notice thereafter.

 

NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree as follows:

 

1.                                       Section 12 of the Agreement is hereby deleted and replaced in its entirety with the following:

 

12.                                 TERM AND TERMINATION

 

This Agreement shall remain in full force and effect for an initial term ending October 31, 2012 (the “Initial Term”).  After the expiration of the Initial Term, this Agreement shall continue in full force and effect until terminated by either party by an instrument in writing delivered to the other party, such termination to take effect not sooner than one hundred and twenty (120) days after the date of such delivery.  During the Initial Term and thereafter, either party may terminate this Agreement: (i) in the event of the other party’s material breach of a material provision of this Agreement that the other party has either (a) failed to cure or (b) failed to establish a remedial plan to cure that is reasonably acceptable, within sixty (60) days’ written notice of such breach, or (ii) in the event of the appointment of a conservator or receiver for the other party or upon the happening of a like event to the other party at the direction of an appropriate agency or court of competent jurisdiction.   Upon termination of this Agreement pursuant to this paragraph the Fund shall pay Administrator its compensation due and shall reimburse Administrator for its costs, expenses and disbursements, including reasonable out-of-pocket expenses associated with such termination.

 

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In the event of: (i) the Fund’s termination of this Agreement for any reason other than as set forth in the immediately preceding paragraph or (ii) a transaction not in the ordinary course of business pursuant to which the Administrator is not retained to continue providing services hereunder to the Fund (or its successor), the Fund shall pay the Administrator its compensation due through the end of the then-current term (based upon the average monthly compensation previously earned by Administrator with respect to the Fund) and shall reimburse the Administrator for its costs, expenses and disbursements.  Upon receipt of such payment and reimbursement, the Administrator will deliver the Fund’s records as set forth herein.  For the avoidance of doubt, no payment will be required pursuant to clause (ii) of this paragraph in the event of any transaction such as (a) the liquidation or dissolution of the Fund and distribution of the Fund’s assets as a result of the Board’s determination in its reasonable business judgment that the Fund is no longer viable, (b) a merger of the Fund into, or the consolidation of the Fund with, another entity, or (c) the sale by the Fund of all, or substantially all, of its assets to another entity, in each of (b) and (c) where the Administrator is retained to continue providing services to the Fund (or its successor) on substantially the same terms as this Agreement.

 

This Agreement may be amended at any time in writing by mutual agreement of the parties hereto.

 

2.                                       All other terms and conditions of the Agreement, as amended, remain in full force and effect.

 

[Remainder of page intentionally left blank.]

 

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officers designated below as of the date first written above.

 

 

CREDIT SUISSE HIGH YIELD BOND FUND

 

 

 

 

By:

/s/Michael A. Pignataro

 

 

Name:

Michael A. Pignataro

 

Title:

CFO

 

 

 

 

 

 

 

STATE STREET BANK AND TRUST COMPANY

 

 

 

 

By:

/s/Michael F. Rogers

 

 

Name:

Michael F. Rogers

 

Title:

Executive Vice President

 

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