EXHIBIT (k)(4)
AGREEMENT OF AMENDMENT
Dated as of July 13, 2007
Reference is made to that certain Amended and Restated Revolving Credit
and Security Agreement dated as of July 14, 2006 (as from time to time amended,
supplemented, waived or modified, the "Credit Agreement") among Xxx Xxxxxx
Senior Loan Fund (the "Borrower"), Falcon Asset Securitization Company LLC and
Chariot Funding LLC (collectively, the "Lenders"), JPMorgan Chase Bank N.A.
("JPMorgan"), The Bank of New York ("BNY"), Llyods TSB Bank plc ("Lloyds"),
State Street Bank and Trust Company ("State Street," and together with JPMorgan,
Lloyds and the other banks and financial institutions from time to time parties
thereto, the "Secondary Lenders") and JPMorgan Chase Bank N.A., as program agent
(the "Program 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 "Secondary Lender Stated Expiration Date" set forth in
Section 1.01 of the Credit Agreement is hereby amended by replacing the date
"July 13, 2007" set forth therein with the date "July 11, 2008."
The Borrower represents and warrants to the Program Agent, the Lender
and the Secondary Lenders that immediately after giving effect to this Agreement
of 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 ILLINOIS.
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.
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.
XXX XXXXXX SENIOR LOAN FUND, JPMORGAN CHASE BANK, N.A.,
as Borrower as Secondary Lender and Program Agent
By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxxx
-------------------- ------------------
Name: Xxxxxx X. Xxxxxx Name: Xxxxx X. Xxxxx
Title: Vice President Title: Vice President
FALCON ASSET SECURITIZATION
CHARIOT FUNDING LLC, COMPANY LLC,
as Lender as Lender
By JPMorgan Chase Bank, N.A., By JPMorgan Chase Bank, N.A.,
its attorney-in-fact its attorney-in-fact
By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxx
------------------ ------------------
Name: Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx
Title: Vice President: Title: Vice President
STATE STREET BANK AND TRUST
THE BANK OF NEW YORK, COMPANY,
as Secondary Lender as Secondary Lender
By: /s/ Xxxxxx Xxxxx By: /s/ Xxxxx X. Xxxxxxxx
---------------- ---------------------
Name: Xxxxxx Xxxxx Name: Xxxxx X. Xxxxxxxx
Title: Vice President Title: Vice President
LLOYDS TSB BANK plc,
as Secondary Lender
By: /s/ Xxxxxxxx Xxxx /s/ Xxxxxxxx Xxxxx
----------------- ------------------
Name: Xxxxxxxx Xxxx Xxxxxxxx Xxxxx
Title: Associate Director Associate Director
C031 W154
