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8-K - FORM 8-K - Corporate Capital Trust, Inc.d270803d8k.htm

Exhibit 10.1

 

LOGO   

450 S. Orange Avenue

Orlando, FL 32801

Tel 866.745.3797

Fax 407.540.7653

www.CorporateCapitalTrust.com

 

Mailing Address:

P.O. Box 4920

Orlando, Florida 32802-4920

December 16, 2011

 

CNL Fund Advisors Company

450 S. Orange Avenue

Orlando, FL 32801

Attention: Paul S. Saint-Pierre

Chief Financial Officer

  

KKR Asset Management LLC

555 California Street, 50th Floor

San Francisco, CA 94104

Attention: Nicole J. Macarchuk

General Counsel

 

  RE: Amendment 2 to Expense Support and Conditional Reimbursement Agreement Dated as of June 7, 2011, as amended

Ladies and Gentlemen:

This letter confirms our intent that, effective as of immediately before the close of business on December 31, 2011, in accordance with Section 4.4 thereof, the above-referenced agreement among us (the “Agreement”) is hereby amended as follows:

 

  1. The reference to “December 31, 2011” in Section 1 of the Agreement is hereby deleted, and “March 31, 2012” is inserted in the place of such deleted reference.

 

  2. Each reference to “50%” in Section 1 of the Agreement is hereby deleted, and “32.5%” is inserted in the place of each such deleted reference.

 

  3. The definition of “(b) “Operating Expenses”“ in Section 1 of the Agreement is hereby deleted in its entirety and the following definition is inserted in the place of such deleted definition: “(b) “Operating Expenses” for any period means all costs and expenses paid or incurred by the Company, as determined under generally accepted accounting principles, including base advisory fees payable pursuant to the Advisory Agreements, and excluding (i) incentive advisory fees payable pursuant to the Advisory Agreements, (ii) offering and organization expenses, and (iii) all interest costs related to indebtedness for such period, if any.”

 

  4. All references in the Agreement to “Agreement” shall be deemed to mean the Agreement as modified by this letter. This letter shall be deemed incorporated into and to form part of the Agreement. Except as modified hereby, the Agreement remains in full force and effect in accordance with its terms.

If the foregoing accurately reflects our agreement, please indicate your acceptance hereof by countersigning a copy of this letter and returning a counterpart of such copy to the attention of the undersigned. Thank you.

 

 

Corporate Capital Trust, Inc. is advised by CNL Fund Advisors Company and KKR Asset Management, LLC


Sincerely,
/s/ Andrew A. Hyltin

Andrew A. Hyltin

President and Chief Executive Officer

 

AGREED AND ACCEPTED:

 

CNL FUND ADVISORS COMPANY

   

AGREED AND ACCEPTED:

 

KKR ASSET MANAGEMENT LLC

By:   /s/ Paul S. Saint-Pierre     By:   /s/ Nicole J. Macarchuk
Name:   Paul S. Saint-Pierre     Name:   Nicole J. Macarchuk
Title:   Chief Financial Officer     Title:   General Counsel

 

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