EX-99.A.4 5 dex99a4.htm CERTIFICATE OF AMENDMENT TO DECLARATION OF TRUST DATED NOVEMBER 18, 2009 Certificate of Amendment to Declaration of Trust dated November 18, 2009

Exhibit a.4

NUVEEN NEW YORK DIVIDEND ADVANTAGE MUNICIPAL FUND

CERTIFICATE OF AMENDMENT

to

DECLARATION OF TRUST

The Trustees of Nuveen New York Dividend Advantage Municipal Fund (the “Trust”), a Massachusetts business trust, to resolve an ambiguity, in accordance with Article XIII, Section 4 of the Declaration of Trust of the Trust, do hereby amend the Declaration of Trust as of this 18th day of November, 2009 as follows:

Article IX, Section 1 of the Declaration of Trust is hereby amended by adding the following to the end of Section 1:

For purposes of this Section 1, the term “recapitalization” shall not mean, without limitation, the issuance or redemption of Preferred Shares pursuant to the terms of this Declaration or the Statement adopted with respect to such Preferred Shares, whether or not in conjunction with the issuance, retirement or redemption of other securities or indebtedness of the Trust.

[Signature pages follow]


 

IN WITNESS WHEREOF, the undersigned, being the Trustees of the Trust, have executed this instrument as of this 18th day of November 2009.

 

/s/ John P. Amboian     /s/ Robert P. Bremner
John P. Amboian,     Robert P. Bremner

as Trustee

   

as Trustee

333 West Wacker Drive     333 West Wacker Drive
Chicago, Illinois 60606     Chicago, Illinois 60606
/s/ Jack B. Evans     /s/ William C. Hunter
Jack B. Evans,     William C. Hunter,

as Trustee

   

as Trustee

333 West Wacker Drive     333 West Wacker Drive
Chicago, Illinois 60606     Chicago, Illinois 60606
/s/ David J. Kundert     /s/ William J. Schneider,
David J. Kundert     William J. Schneider,

as Trustee

   

as Trustee

333 West Wacker Drive     333 West Wacker Drive
Chicago, Illinois 60606     Chicago, Illinois 60606
/s/ Judith M. Stockdale     /s/ Carole E. Stone
Judith M. Stockdale,     Carole E. Stone,

as Trustee

   

as Trustee

333 West Wacker Drive     333 West Wacker Drive
Chicago, Illinois 60606     Chicago, Illinois 60606
/s/ Terence J. Toth      
Terence J. Toth,    

as Trustee

   
333 West Wacker Drive    
Chicago, Illinois 60606    


 

STATE OF ILLINOlS               )
 

            ) SS.

COUNTY OF COOK

 

            )

Then personally appeared the above-named persons who are known to me to be Trustees of the Trust whose names and signatures are affixed to the foregoing instrument and who acknowledged the same to be their free act and deed, before me this 18th day of November 2009.

 

“OFFICIAL SEAL”    
Olivia Rubio     /s/ Olivia Rubio
Notary Public, State of Illinois     Notary Public
My Commission Expires: 5/8/13