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EX-10.1 - SECOND AMENDMENT TO THE EXPENSE SUPPORT AGREEMENT - Corporate Capital Trust IIex10-1.htm
 

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549


FORM 8-K


CURRENT REPORT

Pursuant to section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of Earliest Event Reported): September 26, 2016


CORPORATE CAPITAL TRUST II

(Exact name of registrant as specified in its charter)


Delaware   814-01108   47-1595504

(State or Other Jurisdiction of

Incorporation or Organization)

 

(Commission

File Number)

 

(IRS Employer

Identification Number)

CNL Center at City Commons

450 South Orange Avenue

Orlando, Florida 32801

(Address of Principal Executive Offices; Zip Code)

Registrant’s telephone number, including area code: (866) 745-3797


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
   
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
   
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
   
Pre-commencement communications pursuant to Rule 13e-4 (c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 
 

 

Item 1.01 Entry into a Material Definitive Agreement.

On September 26, 2016, Corporate Capital Trust II (the “Company”) entered into an Amendment (the “Amendment”) to the Expense Support and Conditional Reimbursement Agreement, as previously amended (collectively, the “Expense Support Agreement”) by and among the Company, CNL Fund Advisors II, LLC and KKR Credit Advisors (US) LLC (collectively, the “Advisors”). As previously reported, pursuant to the Expense Support Agreement, the Advisors jointly and severally agreed to pay up to 100% of the Company’s Operating Expenses (as defined in the Expense Support Agreement) until September 30, 2016 (the “Expense Support Payment Period”). Effective as of September 26, 2016, the Amendment extends the Expense Support Payment Period from September 30, 2016 to December 31, 2016.

No other modifications have been made to the terms and conditions of the Expense Support Agreement, as previously amended. The foregoing description is qualified in its entirety by reference to the full text of the Amendment, which is attached hereto as Exhibit 10.1 and incorporated by reference into this Item 1.01 of Form 8-K, and the full text of the Expense Support Agreement, which was previously filed as Exhibit (k)(4) to the Company’s Registration Statement on Form N-2 (File No. 333-199018) filed on October 1, 2015.

Item 8.01 Other Events.

In order to continue to maximize cash available for investment during the launch of the Company, the Advisors have provided written notice to the Company of their agreement to continue to waive all reimbursement of organizational and offering expenses to which they are entitled under the Advisory Agreement and Sub-Advisory Agreement, respectively, in connection with the Company’s gross capital raised before December 31, 2016 (“O&O Reimbursement Waiver”). Accordingly, the Company will not incur charges for organization and offering expenses through the period ending December 31, 2016. The O&O Reimbursement Waiver does not reduce the amount of organization and offering expenses incurred by the Advisors that are eligible for reimbursement in future periods.

 

Item 9.01 Financial Statement and Exhibits.

 

(d) Exhibits

 

Exhibit No.

  Description
10.1 Second Amendment to the Expense Support Agreement dated as of September 26, 2016

 

 

 
 

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this Current Report on Form 8-K to be signed on its behalf by the undersigned hereunto duly authorized.

Date:      September 29, 2016 CORPORATE CAPITAL TRUST II
  a Delaware statutory trust
   
   
   
  By: /s/ Steven D. Shackelford  
    Steven D. Shackelford
    President and Chief Financial Officer

 

 

 
 

 

EXHIBIT INDEX

 

Exhibit No.

  Description
10.1 Second Amendment to the Expense Support Agreement dated as of September 26, 2016