SPECIAL CUSTODY and PLEDGE AGREEMENTSpecial Custody and Pledge Agreement Agreement • October 23rd, 2017 • NexPoint Capital, Inc. • New York
AGREEMENT (hereinafter “Agreement”), dated as of October 19, 2017, among State Street Bank and Trust Company, a Massachusetts trust company, in its capacity as custodian hereunder (“Custodian”), NexPoint Capital, Inc. (the “Fund”), and BNP Paribas Prime Brokerage International, Ltd. (the “Counterparty”).
Execution CopyAccount Agreement • October 23rd, 2017 • NexPoint Capital, Inc. • New York
This U.S. PB Agreement (including all terms, schedules, supplements and exhibits attached hereto, this “Agreement”) is entered into between the customer specified below (“Customer”) and BNP Paribas Prime Brokerage, Inc. (“BNPP PB”) on behalf of itself and as agent for the BNPP Entities (as defined in the Account Agreement attached as Exhibit A hereto). The Agreement sets forth the terms and conditions on which BNPP PB will transact business with Customer. Customer and BNPP PB, on behalf of itself and as agent for the BNPP Entities, have also entered into the Account Agreement.
PBI AgreementPbi Agreement • October 23rd, 2017 • NexPoint Capital, Inc.
This agreement (including all terms, schedules, supplements and exhibits attached hereto, this “PBI Agreement”) is entered into between the customer specified below (“Customer”) and BNP PARIBAS PRIME BROKERAGE INTERNATIONAL, LTD. (“PBI”), BNP Paribas, acting through its New York branch (“BNPP NY”, and together with PBI, the “Arranged Financing Entities”). The Agreement sets forth the terms and conditions on which PBI will open and maintain Accounts for prime brokerage and other products and otherwise transact business with Customer. Customer and BNP Paribas Prime Brokerage, Inc. (“BNPP PB”), on behalf of itself and as agent for the BNPP Entities, have also entered into a U.S. Prime Brokerage Agreement (the “U.S. PB Agreement”) for the provision of certain securities related services.
Committed Facility AgreementCommitted Facility Agreement • October 23rd, 2017 • NexPoint Capital, Inc. • New York
BNP PARIBAS PRIME BROKERAGE INTERNATIONAL, LTD. (“BNPP PB”) and the counterparty specified on the signature page (“Customer”), hereby enter into this Committed Facility Agreement (this “Agreement”), dated as of the date specified on the signature page.
