-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, SMr+M4GyDqpx//0qmlwIfH4iStGjiWOOlUd6n0B1V8rIUaZiOf5l90N/REuU3fON 1xaK0oDpwOxfmmIFxh/gGg== 0001318148-07-000054.txt : 20070116 0001318148-07-000054.hdr.sgml : 20070115 20070116150952 ACCESSION NUMBER: 0001318148-07-000054 CONFORMED SUBMISSION TYPE: N-8F PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20070116 DATE AS OF CHANGE: 20070116 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Federated Municipal High Yield Advantage Fund, Inc. CENTRAL INDEX KEY: 0000807607 IRS NUMBER: 251542736 STATE OF INCORPORATION: MD FISCAL YEAR END: 0831 FILING VALUES: FORM TYPE: N-8F SEC ACT: 1940 Act SEC FILE NUMBER: 811-04533 FILM NUMBER: 07531860 BUSINESS ADDRESS: STREET 1: 5800 CORPORATE DRIVE CITY: PITTSBURGH STATE: PA ZIP: 15237-7000 BUSINESS PHONE: 8003417400 MAIL ADDRESS: STREET 1: 5800 CORPORATE DRIVE CITY: PITTSBURGH STATE: PA ZIP: 15237-7000 FORMER COMPANY: FORMER CONFORMED NAME: FEDERATED MUNICIPAL OPPORTUNITIES FUND INC DATE OF NAME CHANGE: 19960307 FORMER COMPANY: FORMER CONFORMED NAME: FORTRESS MUNICIPAL INCOME FUND INC DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: FORTRESS HIGH YIELD MUNICIPAL FUND INC DATE OF NAME CHANGE: 19900814 N-8F 1 form.txt UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 I. GENERAL IDENTIFYING INFORMATION 1. Reason fund is applying to deregister (check only one; for descriptions, see Instruction 1 above). [X] MERGER [ ] LIQUIDATION [ ] ABANDONMENT OF REGISTRATION (Note: Abandonments of Registration answer only questions 1 through 15, 24 and this form and complete verification at the end of the form.) [ ] Election of status as a BUSINESS DEVELOPMENT COMPANY (Note: Business Development Companies answer only questions 1 thorough 10 of this form and complete verification at the end of the form.) 2. Name of fund: FEDERATED MUNICIPAL HIGH YIELD ADVANTAGE FUND, INC. 3. Securities and Exchange Commission File No.: 811-4533 4. Is this an initial Form N-8F or an amendment to a previously filed Form N-8F? [X] INITIAL APPLICATION [ ] Amendment 5. Address of Principal Executive Office (include No. & Street, City, State, Zip Code): FEDERATED INVESTORS TOWER 5800 CORPORATE DRIVE PITTSBURGH, PA 15237-7010 6. Name, address and telephone number of individual the Commission staff should contact with any questions regarding this form: SEANA N. BANKS REED SMITH LLP 12TH FLOOR 1001 LIBERTY AVENUE PITTSBURGH, PA 15222-3779 (412) 288-6340 7. Name, address and telephone number of individual or entity responsible for maintenance and preservation of fund records in accordance with rules 31a-1 and 31a-2 under the Act [17 CFR 270.31a-1, .31a-2]: All accounts and records required to be maintained by Section 31(a) of the Investment Company Act of 1940 and Rules 31a-1 through 31a-3 promulgated thereunder are maintained at one of the following locations: FEDERATED SERVICES COMPANY FEDERATED INVESTORS TOWER 1001 LIBERTY AVENUE PITTSBURGH, PA 15222-3779 (412) 288-4880 ATTENTION: GENERAL COUNSEL FEDERATED SECURITIES CORP. FEDERATED INVESTORS TOWER 1001 LIBERTY AVENUE PITTSBURGH, PA 15222-3779 (412) 288-4880 ATTENTION: GENERAL COUNSEL REED SMITH LLP INVESTMENT MANAGEMENT GROUP (IMG) FEDERATED INVESTORS TOWER 12TH FLOOR 1001 LIBERTY AVENUE PITTSBURGH, PA 15222-3779 (412) 288-3131 ATTENTION: FRED LEECH STATE STREET BANK & TRUST COMPANY P.O. BOX 8600 BOSTON, MA 02266 (617) 662-2401 ATTENTION: WILLIAM MONAGHAN NOTE: Once deregistered, a fund is still required to maintain and preserve the records described in rules 31a-1 and 31a-2 for the periods specified in those rules. 8. Classification of fund (check only one): [ X ] MANAGEMENT COMPANY; [ ] Unit investment trust; or [ ] Face-amount certificate company. 9. Subclassification if the fund is a management company (check only one): [ X ] OPEN-END [ ] Closed-end 10. State law under which the fund was organized or formed (e.g., Delaware, Massachusetts): MARYLAND 11. Provide the name and address of each investment adviser of the fund (including sub-advisers) during the last five years, even if the fund's contracts with those advisers have been terminated: FEDERATED INVESTMENT MANAGEMENT COMPANY FEDERATED INVESTORS TOWER 1001 LIBERTY AVENUE PITTSBURGH, PA 15222-3779 12. Provide the name and address of each principal underwriter of the fund during the last five years, even if the fund's contracts with those underwriters have been terminated: FEDERATED SECURITIES CORP. FEDERATED INVESTORS TOWER 1001 LIBERTY AVENUE PITTSBURGH, PA 15222-3779 13. If the fund is a unit investment trust ("UIT") provide: (a) Depositor's name(s) and address(es): N/A (b) Trustee's name(s) and address(es): N/A 14. Is there a UIT registered under the Act that served as a vehicle for investment in the fund (e.g., an insurance company separate account)? [ ] Yes [ X ] NO If Yes, for each UIT state: Name(s): File No.: 811-_______ Business Address: 15. (a) Did the fund obtain approval from the board of directors concerning the decision to engage in a Merger, Liquidation or Abandonment of Registration? [ X ] YES [ ] No If Yes, state the date on which the board vote took place: MAY 18, 2006 If No, explain: (b) Did the fund obtain approval from the shareholders concerning the decision to engage in a Merger, Liquidation or Abandonment of Registration? [ X ] YES [ ] No If Yes, state the date on which the shareholder vote took place: NOVEMBER 9, 2006 If No, explain: II. DISTRIBUTIONS TO SHAREHOLDERS 16. Has the fund distributed any assets to its shareholders in connection with the Merger or Liquidation? [ X ] YES [ ] No (a) If Yes, list the date(s) on which the fund made those distributions: NOVEMBER 10, 2006 (b) Were the distributions made on the basis of net assets? [ X ] YES [ ] No (c) Were the distributions made pro rata based on share ownership? [ X ] YES [ ] No (d) If No to (b) or (c) above, describe the method of distributions to shareholders. For Mergers, provide the exchange ratio(s) used and explain how it was calculated: (e) Liquidations only: Were any distributions to shareholder made in kind? [ ] Yes [ ] No If Yes, indicate the percentage of fund shares owned by affiliates, or any other affiliation of shareholders: 17. Closed-end funds only: Has the fund issued senior securities? [ ] Yes [ ] No If Yes, describe the method of calculating payments to senior securityholders and distributions to other shareholders: 18. Has the fund distributed all of its assets to the fund's shareholders? [ X ] YES [ ] No CHANGE IN DOMICILE REORGANIZATION INVOLVING THE ACQUISITION OF THE ASSETS OF FEDERATED MUNICIPAL HIGH YIELD ADVANTAGE FUND, INC., BY, AND IN EXCHANGE FOR SHARES OF, FEDERATED MUNICIPAL HIGH YIELD ADVANTAGE FUND, A PORTFOLIO OF FEDERATED MUNICIPAL SECURITIES INCOME TRUST, A MASSACHUSETTS BUSINESS TRUST, WHICH SHARES WERE THEN DISTRIBUTED TO THE SHAREHOLDERS OF FEDERATED MUNICIPAL HIGH YIELD ADVANTAGE FUND, INC. If No, (a) How many shareholders does the fund have as of the date this form is filed? (b) Describe the relationship of each remaining shareholder to the fund: 19. Are there any shareholders who have not yet received distributions in complete liquidation of their interests? [ ] Yes [ X ] NO If Yes, describe briefly the plans (if any) for distributing to, or preserving the interests of, those shareholders: III. ASSETS AND LIABILITIES 20. Does the fund have any assets as of the date this form is filed? (See question 18 above) [ ] Yes [ X ] NO If Yes, (a) Describe the type and amount of each asset retained by the fund as of the date this form is filed: (b) Why has the fund retained the remaining assets? (c) Will the remaining assets be invested in securities? [ ] Yes [ ] No 21. Does the fund have any outstanding debts (other than face-amount certificates if the fund is a face-amount certificate company) or any other liabilities? [ ] Yes [ X ] NO If Yes, (a) Describe the type and amount of each debt or other liability: (b) How does the fund intend to pay these outstanding debts or other liabilities? IV. INFORMATION ABOUT EVENT(S) LEADING TO REQUEST FOR DEREGISTRATION 22. (a) List the expenses incurred in connection with the Merger or Liquidation: (i) Legal expenses: $1,061.20 ($100 FILING FEES/COSTS FOR COMMONWEALTH OF MASSACHUSETTS, $100 FILINGS FEES/COSTS FOR CITY OF BOSTON, $172 CUSIP BUREAU AND $689.20 MARYLAND ARTICLES OF DISSOLUTION FILING COSTS). ADDITIONAL LEGAL FEES RELATED TO REORGANIZATION WERE COVERED BY RETAINER FEE ARRANGEMENT BETWEEN LEGAL COUNSEL AND THE FUND ADVISER. (ii) Accounting expenses: $100.00 (iii) Other expenses (list and identify separately): $85,238.09 ($28,831.37 BENEFICIAL COSTS, $47,270.95 SOLICITATION COSTS, $8,894.21 PRINTING COSTS AND $241.56 MISCELLANEOUS COSTS/FEES). (iv) Total expenses (sum of lines (i)-(iii) above): $86,399.29 (b) How were those expenses allocated? N/A (c) Who paid those expenses? FEDERATED MUNICIPAL HIGH YIELD ADVANTAGE FUND ("SUCCESSOR FUND"), A PORTFOLIO OF FEDERATED MUNICIPAL SECURITIES INCOME TRUST ("FEDERATED TRUST"), FEDERATED TRUST AND FEDERATED MUNICIPAL HIGH YIELD ADVANTAGE FUND, INC. BORE THE EXPENSES ASSOCIATED WITH THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT AND PLAN OF REORGANIZATION. (d) How did the fund pay for unamortized expenses (if any)? N/A 23. Has the fund previously filed an application for an order of the Commission regarding the Merger or Liquidation? [ ] Yes [ X ] NO If Yes, cite the release numbers of the Commission's notice and order or, if no notice or order has been issued, the file number and date the application was filed: V. CONCLUSION OF FUND BUSINESS 24. Is the fund a party to any litigation or administrative proceeding? [ ] Yes [ X ] NO If Yes, describe the nature of any litigation or proceeding and the position taken by the fund that litigation: 25. Is the fund now engaged, or intending to engage, in any business activities other than those necessary for winding up its affairs? [ ] Yes [ X ] NO If Yes, describe the nature and extent of those activities: VI. MERGERS ONLY 26. (a) State the name of the fund surviving the Merger: FEDERATED MUNICIPAL HIGH YIELD ADVANTAGE FUND, A PORTFOLIO OF FEDERATED MUNICIPAL SECURITIES INCOME TRUST. (b) State the Investment Company Act file number of the fund surviving the Merger: 811-6165 (c) If the merger or reorganization agreement has been filed with the Commission, state the file number(s), form type used and date the agreement was filed: FEDERATED MUNICIPAL HIGH YIELD ADVANTAGE FUND, INC. FORM DEF 14A FILED SEPTEMBER 11, 2006 FILE NOS.: 811-04533 061083124 (d) If the merger or reorganization agreement has not been filed with the Commission, provide a copy of the agreement as an exhibit to this form. VERIFICATION The undersigned stated that (i) he or she has executed this Form N-8F application for an order under section 8(f) of the Investment Company Act of 1940 on behalf of Federated Municipal High Yield Advantage Fund, Inc., (ii) he is the Assistant Secretary of Federated Municipal High Yield Advantage Fund, Inc., and (iii) all actions by shareholders, directors, and any other body necessary to authorize the undersigned to execute and file this Form N-8F application have been taken. The undersigned also states that the facts set forth in this Form N-8F application are true to the best of his or her knowledge, information and belief. /s/George F. Magera George F. Magera Assistant Secretary -----END PRIVACY-ENHANCED MESSAGE-----