Eaton Vance Limited Duration Income Fund and Eaton Vance Short Duration Diversified Income Fund Authorized To Participate in TAL
December 10 2009 - 12:40PM
PR Newswire (US)
BOSTON, Dec. 10 /PRNewswire-FirstCall/ -- The Trustees of Eaton
Vance Limited Duration Income Fund (NYSE Amex: EVV) and Eaton Vance
Short Duration Diversified Income Fund (NYSE:EVG), each a
closed-end investment company (collectively, the "Funds" and each a
"Fund"), authorized the Funds' participation in the Term
Asset-Backed Loan Facility ("TALF") program beginning December 14,
2009. The TALF is a loan facility administered by the Federal
Reserve Bank of New York (the "New York Fed") in conjunction with
the U.S. Treasury Department. The program provides term financing
for eligible asset backed securities ("ABS") and commercial
mortgage-backed securities ("CMBS"), which include those backed by
student loans, autos (loan, lease, motorcycle and auto dealer
floorplan), credit cards (consumer and business), equipment loans,
insurance premium finance loans, small business loans and CMBS,
with potential expansion to include private-label residential
mortgage-backed securities, collateralized loan and debt
obligations and other types of assets deemed appropriate by the New
York Fed. TALF-eligible securities currently consist of U.S.
dollar-denominated cash ABS, qualifying CMBS issued after January
1, 2009 ("New Issuance CMBS") and qualifying CMBS issued before
January 1, 2009 ("Legacy CMBS"). ABS and CMBS must conform to
several criteria issued by the Federal Reserve Board to be eligible
under the TALF program. In order for New Issuance CMBS and Legacy
CMBS to qualify for TALF financing, the underlying mortgage loans
must also meet certain criteria. The Funds are permitted to invest
in ABS and CMBS. Under TALF, the New York Fed provides non-recourse
funding to eligible borrowers through one or more loans ("TALF
loans") via primary dealers or a group of authorized banks
("Primary Dealers") as agents. Those Primary Dealers facilitate the
lending of money to eligible borrowers (pursuant to a Master Loan
and Security Agreement ("MLSA")), including U.S. organized pooled
investment vehicles, such as hedge funds, private equity funds and
registered investment companies. The loan process for ABS and New
Issuance CMBS entails a borrower purchasing the securities and
paying up-front a "haircut" amount (in general currently ranging
from 5% to 16%) plus an administration fee (in general currently
ten basis points for ABS and 20 basis points for CMBS), in exchange
for the Primary Dealer depositing the security into an account held
at The Bank of New York Mellon, with the balance of the payment
coming from the New York Fed. In the case of Legacy CMBS, the loan
process entails a borrower purchasing the CMBS for settlement
during the eligible period for TALF subscriptions. Thereafter, the
borrower submits a request for a TALF loan through the Primary
Dealer on the declared subscription date. The New York Fed reviews
all Legacy CMBS requests for acceptance or rejection. The terms and
conditions of each Fund's participation in the TALF program will be
governed by the TALF Standing Loan Facility Procedures and the
MLSA. The MLSA will also include representations, warranties and
covenants of the Fund and the Primary Dealer. Each Fund will also
be required to enter into Customer Agreements with its Primary
Dealers that will contain additional representations, warranties,
covenants and indemnities for the benefit of such Primary Dealer.
The TALF program is currently scheduled to terminate on March 31,
2010 for ABS and Legacy CMBS and on June 30, 2010 for New Issuance
CMBS. A borrowing by a Fund under the TALF program is subject to
similar risks associated with borrowings from banks as described in
each Fund's prospectus. However, pursuant to a recent no-action
letter issued by the Staff of the United States Securities and
Exchange Commission, in lieu of complying with the 300% asset
coverage requirements of Section 18 of the Investment Company Act
of 1940, as amended, a Fund need only segregate, on its books or
the books of its custodian, liquid assets in an amount equal to the
outstanding principal and interest due on the TALF loan. Thus, the
combination of this asset segregation requirement and the pledge of
TALF-eligible securities ensure that a Fund's borrowing under the
TALF program will, in effect, have asset coverage of at least 200%.
Borrowing under the TALF program also may cause a Fund to incur
costs, in addition to the interest due, including an administrative
fee imposed by the New York Fed and certain other fees that may be
charged by the Primary Dealers. While not anticipated, should the
periodic interest and principal payments due on a TALF loan exceed
the amounts received on the pledged TALF-eligible security, a Fund
may be required to pay such additional amounts from its other
portfolio assets which could cause the Fund to sell other
securities or investments at times when it might not otherwise
choose to do so. In addition, in some instances, a Fund may be
deemed to have earned income on the pledged collateral that must be
paid out to shareholders under applicable Federal tax regulations
without receiving cash sufficient to make such distributions. Each
Fund has also agreed not to exercise or refrain from exercising any
vote, consent or waiver rights under a TALF-eligible security
without consent of the New York Fed. Participation in the TALF
program may expose a Fund to, among others, the risks associated
with leverage, bridge financing, and non-recourse financing. While
the degree of leverage utilized by a Fund will vary depending upon
categories of TALF-eligible securities and haircut amounts assigned
from time to time under the TALF program, all TALF investments will
be leveraged significantly, with the effect that fluctuations in
the price of the underlying ABS or CMBS could result in high
volatility in the value of the net investment and adversely effect
the performance of a Fund. The use of leverage has the potential to
magnify the gains or the losses on a Fund's investments. Such risks
may be minimized by the non-recourse nature of the TALF loans
combined with the limitation on use of TALF-financed investments in
each Fund described below. If a Fund acquires CMBS or ABS in the
secondary market, it may also be exposed to the risks associated
with bridge financing. Given the unique operational aspects of the
TALF program, a Fund will be required to provide cash or engage
bridge financing for the period between settlement and release of
TALF loans by the New York Fed. Each Fund is also at risk if the
New York Fed chooses to reject, in whole or in part, its request
for a TALF loan to finance a specific CMBS CUSIP. In those
circumstances, the Fund will bear the risk that such security's
value will decrease, perhaps significantly. As noted above, the New
York Fed as lender generally has limited recourse against a Fund
under the terms of each MLSA. Recourse is limited to the collateral
securing each TALF loan except in the following circumstances: if a
Fund is no longer an eligible borrower, is in breach of certain
representations and warranties, fails to reimburse amounts paid to
it in error or it fails to exercise its collateral surrender rights
at the maturity of a TALF loan and the TALF loan is not repaid in
full. In those instances, the New York Fed may seek recourse
against the Fund and any guarantor without such recourse being
limited to the value of the collateral in respect of the relevant
TALF loan. Similar full recourse rights likely will exist for the
Primary Dealers under analogous circumstances under the Customer
Agreements. The Funds are managed by Eaton Vance Management, a
subsidiary of Eaton Vance Corp. (NYSE:EV). Eaton Vance is one of
the oldest investment management firms in the United States, with a
history dating back to 1924. Eaton Vance and its affiliates managed
$154.9 billion in assets as of October 31, 2009, offering
individuals and institutions a broad array of investment products
and wealth management solutions. The Company's long record of
providing exemplary service and attractive returns through a
variety of market conditions has made Eaton Vance the investment
manager of choice for many of today's most discerning investors.
For more information about Eaton Vance, visit
http://www.eatonvance.com/. DATASOURCE: Eaton Vance Management
CONTACT: Investors, Jonathan Isaac of Eaton Vance Management,
+1-800-262-1122 Web Site: http://www.eatonvance.com/
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