AMENDMENT TWO
EX (k)(ii)(a)
AMENDMENT TWO
This amendment (the “Amendment”) between the parties signing below (the “Parties”) amends the Existing Agreement as of October 23, 2023:
Term |
Means | |
“Existing Agreement” | The Services Agreement by and among SS&C and Funds dated July 14, 2023, as amended | |
“SS&C” | SS&C Technologies, Inc. (“SS&C Tech”) SS&C GIDS, Inc. (“SS&C GIDS”) | |
“Funds” | Each of the investment vehicles listed in Schedule C, severally and not jointly (each, a “Fund” and collectively, the “Funds”) |
Except as amended hereby, all terms of the Existing Agreement remain in full force and effect. This Amendment includes the amendments in Schedule A and general terms in Schedule B.
IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives.
SS&C Technologies, Inc. SS&C GIDS, Inc. | ||
By: | /s/ Xxxxxxxx Xxxxxxxxx | |
Name: | Xxxxxxx Xxxxxxxxx | |
Title: | Authorized Signatory |
Manulife Private Credit Plus Fund | Xxxx Xxxxxxx Asset-Based Lending Fund | |||||||
By: | /s/ Xxxxxxxxxxx Xxxxxxx | By: | /s/ Xxxxxxxxxxx Xxxxxxx | |||||
Name: | Xxxxxxxxxxx Xxxxxxx | Name: | Xxxxxxxxxxx Xxxxxxx | |||||
Title: | Chief Legal Officer and Secretary | Title: | Chief Legal Officer and Secretary |
Manulife Private Credit Fund | ||
By: | /s/ Xxxxxxxxxxx Xxxxxxx | |
Name: | Xxxxxxxxxxx Xxxxxxx | |
Title: | Assistant Secretary |
Schedule A to this Amendment
Amendments
The Existing Agreement is amended as follows:
1. | Schedule C is deleted in its entirety and replaced with new Schedule C attached hereto. |
Schedule B to this Amendment
General Terms
1. | Capitalized terms not defined herein shall have the meanings given to them in the Existing Agreement. |
2. | The Parties’ duties and obligations are governed by and limited to the express terms and conditions of this Amendment, and shall not be modified, supplemented, amended or interpreted in accordance with, any industry custom or practice, or any internal policies or procedures of any Party. This Amendment (including any attachments, schedules and addenda hereto), along with the Existing Agreement, as amended, contains the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the Parties with respect thereto. |
3. | This Amendment may be executed in counterparts, each of which when so executed will be deemed to be an original. Such counterparts together will constitute one agreement. Signatures may be exchanged via facsimile or electronic mail and signatures so exchanged shall be binding to the same extent as if original signatures were exchanged. |
4. | This Amendment and any dispute or claim arising out of or in connection with it, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the same jurisdiction as the Existing Agreement. |
Page 2 of 4
SCHEDULE C
FUNDS
Fund |
Domicile | |
Fund Group 1 |
||
Manulife Private Credit Fund |
Delaware Statutory Trust | |
Fund Group 2 |
||
Manulife Private Credit Plus Fund |
Delaware Statutory Trust | |
Xxxx Xxxxxxx Asset-Based Lending Fund |
Massachusetts Business Trust |
Page 3 of 4