AMENDMENT NO. 1 to MANAGEMENT AGREEMENTManagement Agreement • August 11th, 2000 • Belcrest Capital Fund LLC
RECITALSLoan and Security Agreement • April 28th, 2000 • Belcrest Capital Fund LLC • New York
EXHIBIT 4.1(a) AMENDMENT NO. 1 dated as of March 16, 2004 (this "Amendment") to the LOAN AND SECURITY Agreement dated as of July 15, 2003 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time,...Loan and Security Agreement • May 10th, 2004 • Belcrest Capital Fund LLC • New York
AMENDMENT NO. 1 TO MANAGEMENT AGREEMENTManagement Agreement • March 30th, 2001 • Belcrest Capital Fund LLC
EXHIBIT 4.2(a) AMENDMENT NO. 1 dated as of March 16, 2004 (this "Amendment") to the LOAN AND SECURITY Agreement dated as of July 15, 2003 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time,...Loan and Security Agreement • May 10th, 2004 • Belcrest Capital Fund LLC • New York
ANDLoan and Security Agreement • November 10th, 2003 • Belcrest Capital Fund LLC • New York
APPENDIX IV BELCREST CAPITAL FUND LLC (a Massachusetts limited liability company) AMENDED AND RESTATED OPERATING AGREEMENT To be retained by the Shareholder. BELCREST CAPITAL FUND LLC AMENDED AND RESTATED OPERATING AGREEMENT This AMENDED AND RESTATED...Operating Agreement • April 28th, 2000 • Belcrest Capital Fund LLC • Massachusetts
EXHIBIT 10(2) BELCREST REALTY CORPORATION MANAGEMENT AGREEMENT AGREEMENT, dated as of November 23, 1998, between Belcrest Realty Corporation, a Delaware corporation ("BRC"), and Boston Management and Research, a Massachusetts business Trust (the...Management Agreement • April 28th, 2000 • Belcrest Capital Fund LLC
EXHIBIT 10(1) BELCREST CAPITAL FUND LLC INVESTMENT ADVISORY AND ADMINISTRATIVE AGREEMENT AGREEMENT, dated as of November 18, 1998, between Belcrest Capital Fund LLC, a Massachusetts limited liability company (the "Fund"), and Boston Management and...Investment Advisory and Administrative Agreement • April 28th, 2000 • Belcrest Capital Fund LLC
AMENDMENT TO CUSTODY AND TRANSFER AGENCY AGREEMENTSBelcrest Capital Fund LLC • August 9th, 2005
Each of the Custody and Transfer Agency Agreements dated as of the date listed on Appendix A (the “Agreement”) by and between Investors Bank & Trust Company (the “Bank”), a Massachusetts trust company, and the Funds listed on the attached Appendix A (each the “Fund”) are hereby amended as of the date hereof in the manner set forth below:
ContractLoan and Security Agreement • August 8th, 2008 • Belcrest Capital Fund LLC • New York
AMENDMENT NO. 7 dated as of June 13, 2008 (this “Amendment”), to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, as further amended by Amendment No. 2 dated as of December 15, 2005, as further amended by Amendment No. 3 dated as of December 1, 2006, as further amended by Amendment No. 4 dated as of August 8, 2007, as further amended by Amendment No. 5 dated as of August 24, 2007 and as further amended by Amendment No. 6 dated as of November 26, 2007 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and between BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRESDNER KLEINWORT HOLDINGS I, INC. (formerly known as DRKW HOLDINGS, INC.), a Delaware corporation, as lender (the “Lender”).
ContractLoan and Security Agreement • March 15th, 2006 • Belcrest Capital Fund LLC • New York
AMENDMENT NO. 2 dated as of December 15, 2005 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004 (as the same may be amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and between BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRKW HOLDINGS, INC., a Delaware corporation, as lender (the “Lender”).
ContractLoan and Security Agreement • June 28th, 2007 • Belcrest Capital Fund LLC • New York
EXHIBIT 4.1 (c) AMENDMENT NO. 3 dated as of December 1, 2006 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004 and as further amended by Amendment No. 2 dated as of December 15, 2005 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and between BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRESDNER KLEINWORT HOLDINGS I, INC. (formerly known as DRKW HOLDINGS, INC.), a Delaware corporation, as lender (the “Lender”).
Exhibit 4(2) AMENDMENT NO. 7 dated as of June 29, 2000 to the Loan and Security Agreement dated as of November 24, 1998 (as heretofore amended, the "Loan Agreement"), by and among MERRILL LYNCH INTERNATIONAL BANK LIMITED (the "Lender"), MERRILL LYNCH...Belcrest Capital Fund LLC • March 30th, 2001 • New York
ContractLoan and Security Agreement • November 9th, 2007 • Belcrest Capital Fund LLC • New York
AMENDMENT NO. 4 dated as of August 8, 2007 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, as further amended by Amendment No. 2 dated as of December 15, 2005, as further amended by Amendment No. 3 dated as of December 1, 2006 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and between BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRESDNER KLEINWORT HOLDINGS I, INC. (formerly known as DRKW HOLDINGS, INC.), a Delaware corporation, as lender (the “Lender”).
EXHIBIT NO. 10(3) BELCREST CAPITAL FUND LLC INVESTOR SERVICING AGREEMENT WHEREAS, Belvedere Capital Fund Company LLC (the "Company") and Belcrest Capital Fund LLC (the "Fund") are Massachusetts limited liability companies which are conducting separate...Belcrest Capital Fund LLC • April 28th, 2000 • Massachusetts
THIRD AMENDMENT TO MASTER CREDIT AGREEMENTMaster Credit Agreement • March 7th, 2012 • Belcrest Capital Fund LLC • Security & commodity brokers, dealers, exchanges & services • New York
This THIRD AMENDMENT TO MASTER CREDIT AGREEMENT (this “Amendment”), dated as of November 21, 2011 (the “Effective Date”), is made by and among Belcrest Capital Fund LLC (“Belcrest”), Belport Capital Fund LLC (“Belport”), Belrose Capital Fund LLC (“Belrose”), Belshire Capital Fund LLC (“Belshire”), Belterra Capital Fund LLC (“Belterra”), Belvedere Equity Fund LLC (“Belvedere,” and collectively with Belcrest, Belport, Belrose, Belshire, and Belterra, the “Borrowers”, and each individually a “Borrower”), Bank of America, N.A., London Branch (“BANA”), the other lending institutions, if any, which are or may become, parties thereto (collectively with BANA, “Lenders”) and Bank of America, N.A., London Branch, as Administrative Agent for Lenders (“Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings assigned in the Master Credit Agreement referenced below.
EXHIBIT NO. 10(4) CUSTODY AND TRANSFER AGENCY AGREEMENTAnd Transfer Agency Agreement • April 28th, 2000 • Belcrest Capital Fund LLC • Massachusetts
ContractLoan and Security Agreement • June 28th, 2007 • Belcrest Capital Fund LLC • New York
EXHIBIT 4.2 (f) AMENDMENT NO. 6 dated as of May 9, 2007 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, Amendment No. 2 dated as of August 3, 2004, Amendment No. 3 dated as of October 28, 2004, Amendment No. 4 dated as of June 30, 2006 and Amendment No. 5 dated as of December 1, 2006 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and among BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”), the Lenders referred to therein, Merrill Lynch Mortgage Capital, Inc., a Delaware corporation, as agent (the “Agent”) and Merrill Lynch Capital Services, Inc., a Delaware corporation (the “Swap Provider”).
ContractLoan and Security Agreement • November 7th, 2008 • Belcrest Capital Fund LLC • New York
AMENDMENT NO. 8 dated as of October 28, 2008 (this “Amendment”), to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended, supplemented or otherwise modified to the date hereof (the “Credit Agreement”), by and between BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRESDNER KLEINWORT HOLDINGS I, INC. (formerly known as DRKW HOLDINGS, INC.), a Delaware corporation, as lender (the “Lender”).
ContractLoan and Security Agreement • June 28th, 2007 • Belcrest Capital Fund LLC
EXHIBIT 4.2 (e) AMENDMENT NO. 5 dated as of December 1, 2006 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, Amendment No. 2 dated as of August 3, 2004, Amendment No. 3 dated as of October 28, 2004 and Amendment No. 4 dated as of June 30, 2006 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and among BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”), the Lenders referred to therein, Merrill Lynch Mortgage Capital, Inc., a Delaware corporation, as agent (the “Agent”), and Merrill Lynch Capital Services, Inc., a Delaware corporation (the “Swap Provider”).
ContractLoan and Security Agreement • August 9th, 2006 • Belcrest Capital Fund LLC • New York
AMENDMENT NO. 4 dated as of June 30, 2006 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated March 16, 2004, Amendment No. 2 dated August 3, 2004 and Amendment No. 3 dated October 28, 2004 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and among BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”), the Lenders referred to therein, Merrill Lynch Mortgage Capital, Inc., a Delaware corporation, as agent (the “Agent”) and Merrill Lynch Capital Services, Inc., a Delaware corporation (the “Swap Provider”).
EXHIBIT 4(3) AMENDMENT NO. 9 dated as of January 4, 2002 to the Loan and Security Agreement dated as of November 24, 1998 (as heretofore amended, the "Loan Agreement"), by and among MERRILL LYNCH INTERNATIONAL BANK LIMITED (the "Lender"), MERRILL...Belcrest Capital Fund LLC • March 27th, 2002 • New York
FIRST AMENDMENT TO MASTER CREDIT AGREEMENTMaster Credit Agreement • May 10th, 2011 • Belcrest Capital Fund LLC • Security & commodity brokers, dealers, exchanges & services • New York
This FIRST AMENDMENT TO MASTER CREDIT AGREEMENT (this “Amendment”), dated as of March 24, 2011 (the “Effective Date”), is made by and among Belcrest Capital Fund LLC (“Belcrest”), Belport Capital Fund LLC (“Belport”), Belrose Capital Fund LLC (“Belrose”), Belshire Capital Fund LLC (“Belshire”), Belterra Capital Fund LLC (“Belterra”), Belvedere Equity Fund LLC (“Belvedere,” and collectively with Belcrest, Belport, Belrose, Belshire, and Belterra, the “Borrowers”, and each individually a “Borrower”), Bank of America, N.A., London Branch (“BANA”), the other lending institutions, if any, which are or may become, parties thereto (collectively with BANA, “Lenders”) and Bank of America, N.A., London Branch, as Administrative Agent for Lenders (“Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings assigned in the Master Credit Agreement referenced below.
ContractLoan and Security Agreement • November 9th, 2007 • Belcrest Capital Fund LLC • New York
AMENDMENT NO. 5 dated as of August 24, 2007 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, as further amended by Amendment No. 2 dated as of December 15, 2005, as further amended by Amendment No. 3 dated as of December 1, 2006, as further amended by Amendment No. 4 dated as of August 8, 2007 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and between BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRESDNER KLEINWORT HOLDINGS I, INC. (formerly known as DRKW HOLDINGS, INC.), a Delaware corporation, as lender (the “Lender”).
AMENDMENT NO. 3 TO AMENDED AND RESTATED OPERATING AGREEMENT OF BELCREST CAPITAL FUND LLCOperating Agreement • May 7th, 2010 • Belcrest Capital Fund LLC • Security & commodity brokers, dealers, exchanges & services
This Amendment No. 3 to the Amended and Restated Operating Agreement (the “Agreement”) of Belcrest Capital Fund LLC (the “Company”) dated as of November 24, 1998, as amended from time to time, is made and effective this 31st day of December, 2009.
ContractLoan and Security Agreement • February 27th, 2009 • Belcrest Capital Fund LLC • New York
AMENDMENT NO. 7 dated as of February 6, 2009 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, Amendment No. 2 dated as of August 3, 2004, Amendment No. 3 dated as of October 28, 2004, Amendment No. 4 dated as of June 30, 2006, Amendment No. 5 dated as of December 1, 2006 and Amendment No. 6 dated as of May 9, 2007 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and among BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”), the Lenders referred to therein, Merrill Lynch Mortgage Capital, Inc., a Delaware corporation, as agent (the “Agent”) and Merrill Lynch Capital Services, Inc., a Delaware corporation (the “Swap Provider”).
ContractManagement Agreement • June 28th, 2007 • Belcrest Capital Fund LLC
THIS AMENDMENT NO. 2, dated as of May 29, 2007, to the Management Agreement dated as of November 23, 1998 (the “Agreement”), is made between the parties to the Agreement. Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Agreement. This Amendment supersedes Amendment No.1 to the Agreement.
SECOND AMENDMENT TO MASTER CREDIT AGREEMENTMaster Credit Agreement • November 8th, 2011 • Belcrest Capital Fund LLC • Security & commodity brokers, dealers, exchanges & services • New York
This SECOND AMENDMENT TO MASTER CREDIT AGREEMENT (this “Amendment”), dated as of August 26, 2011 (the “Effective Date”), is made by and among Belcrest Capital Fund LLC (“Belcrest”), Belport Capital Fund LLC (“Belport”), Belrose Capital Fund LLC (“Belrose”), Belshire Capital Fund LLC (“Belshire”), Belterra Capital Fund LLC (“Belterra”), Belvedere Equity Fund LLC (“Belvedere,” and collectively with Belcrest, Belport, Belrose, Belshire, and Belterra, the “Borrowers”, and each individually a “Borrower”), Bank of America, N.A., London Branch (“BANA”), the other lending institutions, if any, which are or may become, parties thereto (collectively with BANA, “Lenders”) and Bank of America, N.A., London Branch, as Administrative Agent for Lenders (“Administrative Agent”). Capitalized terms used but not defined herein shall have the meanings assigned in the Master Credit Agreement referenced below.
Exhibit 3(a) AMENDMENT NO. 2 TO THE AMENDED AND RESTATED OPERATING AGREEMENT OF BELCREST CAPITAL FUND LLC AMENDMENT No. 2 dated as of December 30, 2003, by Eaton Vance Management, a Massachusetts business trust, as manager (the "Manager") of Belcrest...Belcrest Capital Fund LLC • March 15th, 2004
THIRD AMENDMENT TO AMENDED AND RESTATED OPERATING AGREEMENT OF BELCREST CAPITAL FUND COMPANY LLCOperating Agreement • March 1st, 2010 • Belcrest Capital Fund LLC • Security & commodity brokers, dealers, exchanges & services
This Third Amendment to the Amended and Restated Operating Agreement (the “Agreement”) of Belcrest Capital Fund Company LLC (the “Company”) dated as of November 24, 1998, as amended from time to time, is made and effective this 21st day of December, 2009.
ContractLoan and Security Agreement • February 29th, 2008 • Belcrest Capital Fund LLC • New York
AMENDMENT NO. 6 dated as of November 26, 2007 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, as further amended by Amendment No. 2 dated as of December 15, 2005, as further amended by Amendment No. 3 dated as of December 1, 2006, as further amended by Amendment No. 4 dated as of August 8, 2007 and as further amended by Amendment No. 5 dated as of August 24, 2007 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and between BELCREST CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRESDNER KLEINWORT HOLDINGS I, INC. (formerly known as DRKW HOLDINGS, INC.), a Delaware corporation, as lender (the “Lender”).
