Highland Credit Strategies Fund Sample Contracts

MASTER CUSTODIAN AGREEMENT
Master Custodian Agreement • August 22nd, 2013 • NexPoint Credit Strategies Fund • New York

This Agreement is made as of October 1, 2012 by and among each management investment company identified on Appendix A and Appendix B hereto (each such investment company and each management investment company made subject to this Agreement in accordance with Section 19.5 below, shall hereinafter be referred to as a “Fund”), and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (the “Custodian”).

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AMENDED AND RESTATED CREDIT AGREEMENT dated as of May 16, 2013 among NEXPOINT CREDIT STRATEGIES FUND, STATE STREET BANK AND TRUST COMPANY, and the other lending institutions party hereto and STATE STREET BANK AND TRUST COMPANY in its capacity as Agent
Credit Agreement • April 30th, 2014 • NexPoint Credit Strategies Fund

AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 16, 2013, by and among NEXPOINT CREDIT STRATEGIES FUND, a Delaware statutory trust that is registered under the Investment Company Act of 1940, as amended, as a closed-end management investment company (the “Borrower”), the Banks (as hereinafter defined) party hereto from time to time and STATE STREET BANK AND TRUST COMPANY as agent for the Banks (in such capacity, the “Agent”).

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LIMITED PARTNERSHIP AGREEMENT OF NEXPOINT DIVERSIFIED REAL ESTATE TRUST OPERATING PARTNERSHIP, L.P. a Delaware limited partnership
Limited Partnership Agreement • July 1st, 2022 • Nexpoint Diversified Real Estate Trust • Delaware

THIS LIMITED PARTNERSHIP AGREEMENT OF NEXPOINT DIVERSIFIED REAL ESTATE TRUST OPERATING PARTNERSHIP, L.P. (as now or hereafter amended, restated, modified, supplemented, or replaced, this “Agreement”), dated as of July 1, 2022, is entered into by and among NexPoint Diversified Real Estate Trust OP GP, LLC, a Delaware limited liability company (the “General Partner”), the Persons (as defined below) who are admitted from time to time as limited partners in accordance with this Agreement and who have not subsequently withdrawn (the “Limited Partners”), such Persons being identified on the books and records of the Partnership.

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CUSTODY AGREEMENT by and between EACH FUND LISTED ON ANNEX A and THE BANK OF NEW YORK MELLON
Custody Agreement • August 27th, 2019 • NexPoint Strategic Opportunities Fund • New York

CUSTODY AGREEMENT, dated as of the latest date set forth on the signature page hereto, between each management investment company listed on Annex A (each, a “Fund”) and THE BANK OF NEW YORK MELLON, a bank organized under the laws of the state of New York (the “Custodian”).

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Contract
u.s. Pb Agreement • November 13th, 2013 • NexPoint Credit Strategies Fund • 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, Inc.”) 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, Inc. will transact business with Customer. Customer and BNPP PB, Inc., on behalf of itself and as agent for the BNPP Entities, have also entered into the Account Agreement.

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MASTER SUB-ADMINISTRATION AGREEMENT
Master Sub-Administration Agreement • August 22nd, 2013 • NexPoint Credit Strategies Fund • New York

This Master Sub-Administration Agreement (“Agreement”) dated and effective as of January 7, 2013, is by and between State Street Bank and Trust Company, a Massachusetts trust company (the “Sub-Administrator”), and NexPoint Advisors, L.P., a Delaware Limited Partnership (the “Administrator”).

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SUBSCRIPTION AGENT AGREEMENT
Subscription Agent Agreement • March 23rd, 2018 • NexPoint Strategic Opportunities Fund • New York

This SUBSCRIPTION AGENT AGREEMENT (this “Agreement”) is entered into as of [March 16, 2018,] by and between American Stock Transfer & Trust Company, LLC (the “Subscription Agent”) and NexPoint Strategic Opportunities Fund (f/k/a NexPoint Credit Strategies Fund) (the “Company”).

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SECOND AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF NEXPOINT SFR OPERATING PARTNERSHIP, L.P. a Delaware limited partnership THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (THE “SECURITIES...
Limited Partnership Agreement • June 30th, 2023 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts • Delaware

THIS SECOND AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT (as now or hereafter amended, restated, modified, supplemented, or replaced, this “Agreement”) of NexPoint SFR Operating Partnership, L.P. (the “Partnership”), dated as of June 30, 2023, is entered into by and among NexPoint SFR OP GP, LLC, a Delaware limited liability company (the “General Partner”), and the Persons (as defined below) who are admitted from time to time as limited partners in accordance with this Agreement and who have not subsequently withdrawn (the “Limited Partners” and, together with the General Partner, the “Partners”), such persons being identified on the books and records of the Partnership.

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AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • April 26th, 2019 • NexPoint Strategic Opportunities Fund • New York

This Amendment (“Amendment”) is made as of the 8th day of April, 2019 by and between each management investment company listed on Annex A to the Agreement (as defined below) (each, a “Fund”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”).

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NEXPOINT DIVERSIFIED REAL ESTATE TRUST FORM OF RESTRICTED SHARES UNITS AGREEMENT (Key Employee)
Restricted Shares Units Agreement • March 14th, 2024 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts

This RESTRICTED SHARES UNITS AGREEMENT (this “Agreement”) is made as of ______ __, 20__, by and between NexPoint Diversified Real Estate Trust, a Delaware statutory trust (the “Company”), and ______ (the “Grantee”).

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SEPARATION AGREEMENT
Separation Agreement • November 14th, 2023 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts • Texas

THIS SEPARATION AGREEMENT (the “Agreement”) is made and entered into as of November 9, 2023 by and among (i) NexPoint Advisors, L.P. (the “Adviser”), (ii) NexPoint Residential Trust, Inc. (“NXRT”), (iii) NexPoint Real Estate Advisors, L.P. (the “NXRT Adviser”), (iv) NexPoint Real Estate Finance, Inc. (“NREF”), (v) NexPoint Real Estate Advisors VII, L.P. (the “NREF Adviser”), (vi) NexPoint Diversified Real Estate Trust (“NXDT”), (vii) NexPoint Real Estate Advisors X, L.P. (the “NXDT Adviser”), (viii) VineBrook Homes Trust, Inc. (“VB” and, together with NXRT, NREF and NXDT, the “REITs”), and (ix) NexPoint Real Estate Advisors V, L.P. (the “VB Adviser” and, together with the NXRT Adviser, the NREF Adviser and the NXDT Adviser, the “REIT Advisers”) and Matthew Goetz (“Executive”).

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AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT among HIGHLAND CREDIT STRATEGIES FUND, as Borrower LIBERTY STREET FUNDING LLC, as Conduit Lender THE BANK OF NOVA SCOTIA, ACTING THROUGH ITS NEW YORK AGENCY, as Secondary Lender and THE BANK...
Revolving Credit and Security Agreement • March 2nd, 2009 • Highland Credit Strategies Fund • New York

AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT, dated as of August 22, 2008 among LIBERTY STREET FUNDING LLC, as the Conduit Lender, THE BANK OF NOVA SCOTIA, ACTING THROUGH ITS NEW YORK AGENCY and the other Secondary Lenders (as hereinafter defined) from time to time parties hereto, THE BANK OF NOVA SCOTIA, ACTING THROUGH ITS NEW YORK AGENCY, as agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Agent”), and HIGHLAND CREDIT STRATEGIES FUND, a Delaware statutory trust (together with its permitted successors and assigns, the “Borrower”).

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SPECIAL CUSTODY and PLEDGE AGREEMENT
Special Custody and Pledge Agreement • November 13th, 2013 • NexPoint Credit Strategies Fund • New York

AGREEMENT (hereinafter “Agreement”), dated as of [ ], among State Street Bank and Trust Company, a Massachusetts trust company, in its capacity as custodian hereunder (“Custodian”), Nexpoint Credit Strategies Fund (the “Fund”), and BNP Paribas Prime Brokerage, Inc. (the “Counterparty”).

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SEPARATION AGREEMENT
Separation Agreement • November 14th, 2024 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts • Texas

THIS SEPARATION AGREEMENT (the “Agreement”) is made and entered into as of November 11, 2024 by and among (i) NexPoint Advisors, L.P. (the “Adviser”), (ii) NexPoint Residential Trust, Inc. (“NXRT”), (iii) NexPoint Real Estate Advisors, L.P. (the “NXRT Adviser”), (iv) NexPoint Real Estate Finance, Inc. (“NREF”), (v) NexPoint Real Estate Advisors VII, L.P. (the “NREF Adviser”), (vi) NexPoint Diversified Real Estate Trust (“NXDT”), (vii) NexPoint Real Estate Advisors X, L.P. (the “NXDT Adviser”), (viii) VineBrook Homes Trust, Inc. (“VB”), (ix) NexPoint Real Estate Advisors V, L.P. (the “VB Adviser”), (x) NexPoint Homes Trust, Inc. (“NXHT”), (xi) NexPoint Real Estate Advisors XI, L.P. (the “NXHT Adviser” and, together with the NXRT Adviser, the NREF Adviser, the NXDT Adviser and the VB Adviser, the “REIT Advisers”), (xii) NexPoint Storage Partners, Inc. (“NSP”), (xiii) NexPoint Hospitality Trust (“NHT” and, together with NXRT, NREF, NXDT, VB and NSP, the “REITs”) and Brian Mitts (“Executiv

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ADMINISTRATION SERVICES AGREEMENT
Administration Services Agreement • April 30th, 2015 • NexPoint Credit Strategies Fund • Highland

THIS AGREEMENT is made as of June 29, 2006 by and between HIGHLAND CAPITAL MANAGEMENT, L.P., a Delaware limited partnership (“Highland”), and HIGHLAND CREDIT STRATEGIES FUND, a Delaware statutory trust (the “Trust”).

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March 16, 2018 NexPoint Strategic Opportunities Fund C/o Highland Capital Management Suite 700 Dallas, Texas 75201 Attn: Ms. Lauren Thedford
Information Agent Agreement • March 23rd, 2018 • NexPoint Strategic Opportunities Fund • New York

This will serve as the Agreement between AST Fund Solutions, LLC (“AST Fund Solutions”) and NexPoint Strategic Opportunities Fund (the “Client”), pursuant to which AST Fund Solutions will serve the Client as Information Agent for a nontransferable Rights Offer (the “Offer”) for the Client.

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AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • April 26th, 2019 • NexPoint Strategic Opportunities Fund • New York

This Amendment (“Amendment”) is made as of the 8th day of April, 2019, by and between each Fund listed on Annex A to the Agreement (as defined below) (each, a “Fund”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”).

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ADMINISTRATION SERVICES AGREEMENT
Administration Services Agreement • June 21st, 2006 • Highland Credit Strategies Fund • Highland

THIS AGREEMENT is made as of , 2006 by and between HIGHLAND CAPITAL MANAGEMENT, L.P., a Delaware limited partnership (“Highland”), and HIGHLAND CREDIT STRATEGIES FUND, a Delaware statutory trust (the “Trust”).

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SUBSCRIPTION AGENT AGREEMENT
Subscription Agent Agreement • August 15th, 2017 • NexPoint Credit Strategies Fund • New York

This SUBSCRIPTION AGENT AGREEMENT (this “Agreement”) is entered into as of April 25, 2017, by and between American Stock Transfer & Trust Company, LLC (the “Subscription Agent”) and NexPoint Credit Strategies Fund (the “Company”).

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AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • August 22nd, 2013 • NexPoint Credit Strategies Fund • Delaware

AGREEMENT made as of June 29, 2006, by and between NexPoint Advisors, L.P., a Delaware limited partnership (the “Adviser”), and NexPoint Credit Strategies Fund (formerly, Pyxis Credit Strategies Fund), a Delaware statutory trust (the “Trust”).

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NEXPOINT DIVERSIFIED REAL ESTATE TRUST FORM OF RESTRICTED SHARES UNITS AGREEMENT (Trustee)
Restricted Shares Units Agreement • March 14th, 2024 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts

This RESTRICTED SHARES UNITS AGREEMENT (this “Agreement”) is made as of _______, 20__, by and between NexPoint Diversified Real Estate Trust, a Delaware statutory trust (the “Company”), and __________ (the “Grantee”).

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January 17, 2017 NexPoint Credit Strategies Fund C/o Highland Capital Management 300 Crescent Court Suite 700 Dallas, Texas 75201 Attn: Mr. Paul Richards RE: NexPoint Credit Strategies Fund. – Nontransferable Rights Offer Dear Mr. Richards:
Information Agent Agreement • August 15th, 2017 • NexPoint Credit Strategies Fund • New York

This will serve as the Agreement between AST Fund Solutions, LLC (“AST Fund Solutions”) and NexPoint Credit Strategies Fund (the “Client”), pursuant to which AST Fund Solutions will serve the Client as Information Agent for a nontransferable Rights Offer (the “Offer”) for the Client.

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AGREEMENT AND PLAN OF MERGER dated as of November 22, 2024 by and among NEXPOINT DIVERSIFIED REAL ESTATE TRUST, NEXPOINT DIVERSIFIED REAL ESTATE TRUST OPERATING PARTNERSHIP, L.P., NXDT INTERMEDIARY, LLC, NXDT HOSPITALITY HOLDCO, LLC, NEXPOINT...
Merger Agreement • November 25th, 2024 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of November 22, 2024 (this “Agreement”), is by and among NexPoint Diversified Real Estate Trust, a Delaware statutory trust that has elected to be treated as a real estate investment trust for U.S. federal income tax purposes (“NXDT”), NexPoint Diversified Real Estate Trust Operating Partnership, L.P., a Delaware limited partnership (“NXDT OP”), NXDT Intermediary, LLC, a Delaware limited liability company (“NXDT Intermediary”), NXDT Hospitality Holdco, LLC (“NXDT Merger Sub”) NexPoint Hospitality Trust, a trust established pursuant to the laws of the Province of Ontario (“Old NHT”), NHT Intermediary, LLC, a Delaware limited liability company (“NHT Intermediary”), NHT Holdings, LLC, a Delaware limited liability company (“NHT Holdings”), and NHT Operating Partnership, LLC, a Delaware limited liability company (“NHT OP”).

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MARKETING AND STRUCTURING FEE AGREEMENT
Marketing and Structuring Fee Agreement • April 30th, 2015 • NexPoint Credit Strategies Fund • New York

This agreement is between Highland Capital Management, L.P. (the “Company”) and Morgan Stanley & Co. Incorporated (“Morgan Stanley”) with respect to the Highland Credit Strategies Fund (the “Fund”).

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AMENDED AND RESTATED SPONSOR GUARANTY AGREEMENT
Sponsor Guaranty Agreement • March 31st, 2023 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts

This AMENDED AND RESTATED SPONSOR GUARANTY AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified and in effect from time to time, this “Guaranty”) is made as of December 8, 2022, by the entities named on Schedule A (the “Guarantors” and each, a “Guarantor”), and NexPoint Storage Partners, Inc., a Maryland corporation (“Issuer”), in favor of Extra Space Storage LP, a Delaware limited partnership (“Preferred Holder”).

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CONTROL AGREEMENT
Control Agreement • December 19th, 2017 • NexPoint Credit Strategies Fund • Massachusetts

Control Agreement dated as of August 4, 2017 (this “Agreement”), among (a) Societe Generale as secured party (“Party A”), (b) each registered investment company on behalf of itself or its portfolios (each, a “Portfolio”) listed on Exhibit A, severally and not jointly, as debtor (each, a “Party B”), and (c) State Street Bank and Trust Company (the “Custodian”).

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AGREEMENT AMONG INSUREDS with respect to the JOINT INSURED FIDELITY BOND ICI Mutual Insurance Company, File No. 04704107B (the “Fidelity Bond”)
Agreement Among Insureds • May 2nd, 2008 • Highland Credit Strategies Fund

AGREEMENT, made as of March 10, 2008 among the undersigned registered management investment companies and business development company (each an “Insured” and together, the “Insureds”) pursuant to paragraph (f) of Rule 17g-1 promulgated under the Investment Company Act of 1940 (the “1940 Act”) relating to the Fidelity Bond.

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LOAN AGREEMENT for a loan in the amount of MADE BY AND BETWEEN NEXPOINT DIVERSIFIED REAL ESTATE TRUST OPERATING PARTNERSHIP, L.P., NEXPOINT REAL ESTATE CAPITAL, LLC, and NEXPOINT REAL ESTATE OPPORTUNITIES, LLC, 300 Crescent Court, Suite 700, Dallas,...
Loan Agreement • May 25th, 2023 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts • Texas

THIS LOAN AGREEMENT (“Agreement”) is made as of May 22, 2023 (the “Effective Date”), by and between NEXPOINT DIVERSIFIED REAL ESTATE TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“NXDTOP”), NEXPOINT REAL ESTATE CAPITAL, LLC, a Delaware limited liability company (“NREC”), and NEXPOINT REAL ESTATE OPPORTUNITIES, LLC, a Delaware limited liability company (“NREO,” together with NXDTOP and NREC, jointly and severally, the “Borrower”), and NEXBANK, its successors and assigns (“Lender”).

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RIGHTS OFFERING MARKETING SUPPORT AGREEMENT
Rights Offering Marketing Support Agreement • March 23rd, 2018 • NexPoint Strategic Opportunities Fund • New York

This Rights Offering Marketing Support Agreement (“Agreement”) is made between NexPoint Credit Strategies Fund (the “Fund”) and Highland Capital Funds Distributor, Inc. (“HCFD”), and is effective as of the date accepted and agreed to by HCFD below.

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AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • April 30th, 2015 • NexPoint Credit Strategies Fund • Massachusetts

AMENDMENT NO. 1 (this “Amendment”), dated as of December 20, 2013, to the Amended and Restated Credit Agreement, dated as of May 16, 2013, by and among NEXPOINT CREDIT STRATEGIES FUND, a Delaware statutory trust (herein referred to as the “Borrower”), the Banks party thereto from time to time and STATE STREET BANK AND TRUST COMPANY, as agent for the Banks (in such capacity, the “Agent”), (as the same may be further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”).

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ANNEX I Supplemental Terms and Conditions
Bond Market Association Master Repurchase Agreement • December 19th, 2017 • NexPoint Credit Strategies Fund

This Annex I forms a part of the Bond Market Association Master Repurchase Agreement, dated as of November 17, 2017 (the “Agreement”), between BNP Paribas Securities Corp. (“Party A”) and NexPoint Advisors, L.P. (the “Agent”) as Agent for NexPoint Credit Strategies Fund (“Party B). For the purpose of this Agreement, “Seller” means Party B and “Buyer” means Party A. Capitalized terms used but not defined in this Annex I shall have the meanings ascribed to them in the Agreement.

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AMENDMENT TO TRANSFER AGENCY AND REGISTRAR SERVICES AGREEMENT
Transfer Agency and Registrar Services Agreement • October 30th, 2020 • NexPoint Strategic Opportunities Fund • New York

THIS AMENDMENT TO TRANSFER AGENCY AND REGISTRAR SERVICES AGREEMENT (this “Amendment”), dated as of October 26, 2020 (the “Effective Date”), by and between NEXPOINT STRATEGIC OPPORTUNITIES FUND, a Delaware statutory trusdt (the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, a New York limited liability trust company (“AST”; together with Putnam, the “Parties” and each, a “Party”).

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GUARANTY OF REQUIRED EQUITY, REQUIRED PAY DOWN AND MASTER LEASE
Guaranty • March 31st, 2023 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts • New York

THIS GUARANTY OF REQUIRED EQUITY, REQUIRED PAY DOWN AND MASTER LEASE (this "Guaranty") is executed as of August 15, 2018, by NEXPOINT STRATEGIC OPPORTUNITIES FUND, a Delaware statutory trust, and HCRE PARTNERS, LLC, a Delaware limited liability company (individually and collectively, "Guarantor"), for the benefit of ACORE CAPITAL MORTGAGE, LP, a Delaware limited partnership, in its capacity as Administrative Agent for and on behalf of the Lenders from time to time party to the Loan Agreement defined below (together with its successors and/or assigns, "Administrative Agent").

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Highland Credit Strategies Fund Floating Rate Series A Senior Unsecured Notes due April 16, 2015 Note Purchase Agreement Dated April 16, 2010
Note Purchase Agreement • March 23rd, 2011 • Highland Credit Strategies Fund • New York

Highland Credit Strategies Fund, a Delaware statutory trust (the “Company”), agrees with each of the purchasers whose names appear at the end hereof (each, a “Purchaser” and, collectively, the “Purchasers”) as follows:

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AGREEMENT AND PLAN OF REORGANIZATION THIS AGREEMENT AND PLAN OF REORGANIZATION ("Agreement") is made as of July 18, 2008, between PROSPECT STREET INCOME SHARES INC., a Maryland corporation ("Acquired Fund"), and HIGHLAND CREDIT STRATEGIES FUND, a...
Reorganization Agreement • February 27th, 2009 • Highland Credit Strategies Fund • Delaware
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