EX-99.G.1.A 3 e45412exv99wgw1wa.txt EXTENSION AGREEMENT TO THE MASTER CUSTODIAN AGREEMENT EXHIBIT G (1) (A) EXTENSION AGREEMENT THIS EXTENSION AGREEMENT is made as of January 31, 2008 by and between the funds listed on Appendix I hereto (each a Fund and collectively "the Funds") and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company and the successor in interest to INVESTORS BANK & TRUST COMPANY ("Bank"). WHERAS, the Funds and Bank have entered into a Master Custodian Agreement dated June 30, 2005, as such Master Custodian Agreement has been amended and extended from time to time (the "Master Custodian Agreement"); and WHERAS, the Funds and Bank desire to amend such Master Custodian Agreement in the manner set forth herein; NOW, THEREFORE, in consideration of the mutual covenants set forth herein and in such agreements, it is agreed between the respective parties hereto as follows: 1) The Master Custodian Agreement between the Funds and Bank is hereby amended by deleting Section 15.1 of the Master Custodian Agreement in its entirety and by inserting in lieu thereof the following: "The term of this Agreement shall continue through June 30, 2011 (the "Extension Term"), unless earlier terminated as provided herein. After the expiration of the Extension Term, the term of this Agreement shall automatically renew for successive one-year terms (each a "Renewal Term") unless notice of non-renewal is delivered by the non-renewing party to the other party no later than ninety (90) days, if a Fund is the non- renewing party or one hundred eighty (180) days if Bank is the non-renewing party, prior to the expiration of the Extension Term or any Renewal Term, as the case may be. Either party hereto may terminate this Agreement prior to the expiration of the Extension Term or any Renewal Term in the event the other party violates any material provision of this Agreement, provided that the non-violating party gives written notice of such violation to the violating party and the violating party does not cure such violation within ninety (90) days of receipt of such notice." 2) MISCELLANEOUS. (a) Except as amended hereby, the Master Custodian Agreements referenced herein shall remain in full force and effect. (b) This Extension may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument 1 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed and delivered by their duly authorized officers as of the date first written above. EACH OF THE ENTITIES LISTED ON APPENDIX I HERETO By: /s/ Stephen P. Fisher ----------------------------------- Name: Stephen P. Fisher Title: President STATE STREET BANK AND TRUST COMPANY By: /s/ Stephen DeSalvo ----------------------------------- Name: Stephen DeSalvo Title: Senior Vice President 2 APPENDIX I PARTIES TO AGREEMENT ECLIPSE FUNDS MainStay Balanced Fund MainStay Mid Cap Opportunity Fund MainStay Small Cap Opportunity Fund ECLIPSE FUNDS INC. MainStay 130/30 Core Fund MainStay 130/30 Growth Fund MainStay 130/30 High Yield Fund MainStay 130/30 International Fund MainStay All Cap Growth Fund MainStay Cash Reserves Fund MainStay Conservative Allocation Fund MainStay Floating Rate Fund MainStay Growth Allocation Fund MainStay Growth Equity Fund MainStay Income Manager Fund MainStay Indexed Bond Fund MainStay Intermediate Term Bond Fund MainStay Large Cap Opportunity Fund MainStay Moderate Allocation Fund MainStay Moderate Growth Allocation Fund MainStay Retirement 2010 Fund MainStay Retirement 2020 Fund MainStay Retirement 2030 Fund MainStay Retirement 2040 Fund MainStay Retirement 2050 Fund MainStay S&P 500 Index Fund MainStay Short Term Bond Fund ICAP FUNDS, INC. MainStay ICAP Equity Fund MainStay ICAP Select Equity Fund MainStay ICAP International Fund THE MAINSTAY FUNDS Capital Appreciation Fund Common Stock Fund Convertible Fund Diversified Income Fund Equity Index Fund Global High Income Fund Government Fund High Yield Corporate Bond Fund Institutional Bond Fund International Equity Fund Large Cap Growth Fund MAP Fund Mid Cap Growth Fund 3 Mid Cap Value Fund Money Market Fund Principal Preservation Fund Small Cap Growth Fund Small Cap Value Fund Tax Free Bond Fund Total Return Fund Value Fund MAINSTAY VP SERIES FUND, INC. MainStay VP Balanced Portfolio MainStay VP Bond Portfolio MainStay VP Capital Appreciation Portfolio MainStay VP Cash Management Portfolio MainStay VP Common Stock Portfolio MainStay VP Conservative Allocation Portfolio MainStay VP Convertible Portfolio MainStay VP Developing Growth Portfolio MainStay VP Floating Rate Portfolio MainStay VP Government Portfolio MainStay VP Growth Allocation Portfolio MainStay VP High Yield Corporate Bond Portfolio MainStay VP ICAP Select Equity Portfolio MainStay VP International Equity Portfolio MainStay VP Large Cap Growth Portfolio MainStay VP Mid Cap Core Portfolio MainStay VP Mid Cap Growth Portfolio MainStay VP Mid Cap Value Portfolio MainStay VP Moderate Allocation Portfolio MainStay VP Moderate Growth Allocation Portfolio MainStay VP S & P 500 Portfolio MainStay VP Small Cap Growth Portfolio MainStay VP Total Return Portfolio MainStay VP Value Portfolio 4