AMENDMENT TO CUSTODY AGREEMENT
EXECUTION
AMENDMENT
TO
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”).
BACKGROUND:
| A. | BNY Mellon and each Fund entered into a Custody Agreement dated as of October 3, 2018 (the “Agreement”) relating to BNY Mellon’s provision of services to each Fund. |
| B. | The parties desire to amend the Agreement as set forth herein. |
TERMS:
The parties hereby agree that:
| 1. | The following section is hereby added to the Agreement: |
Section 11.11: If an entity is added to Annex A of this Agreement that is not a management investment company (a “non-RIC”), such entity shall nonetheless be a “Fund” under this Agreement and if a term or provision is inapplicable to a non-RIC because it (i) applies to a regulatory provision not applicable to non-RICs (e.g., the 40 Act), (ii) applies to a structural feature either not present in a non-RIC or not applicable to a non-RIC’s shares or (iii) is unambiguously not applicable to a non-RIC based on its context, then such term or provision shall not apply to such non-RIC.
| 2. | Annex A to the Agreement is hereby deleted in its entirety and replaced with Annex A attached hereto. |
| 3. | Miscellaneous. |
| (a) | As hereby amended and supplemented, the Agreement shall remain in full force and effect. |
| (b) | The Agreement, as amended hereby, constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior communications with respect thereto. |
EXECUTION
| (c) | This Amendment 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. The facsimile signature of any party to this Amendment shall constitute the valid and binding execution hereof by such party. |
| (d) | This Amendment shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. |
[Signature page follows.]
EXECUTION
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers designated below on the date and year first above written.
| Authorized Signer of: | Authorized Officer of: | |
| EACH FUND LISTED ON ANNEX A | THE BANK OF NEW YORK MELLON | |
| By: |
/s/ Xxxxx Xxxxxxxxxx |
By: |
/s/ Xxxxxx X. Xxxxxx | |||
| Name: |
Xxxxx Xxxxxxxxxx |
Name: |
Xxxxxx X. Xxxxxx | |||
| Title: |
Treasurer |
Title: |
Director | |||
| Date: |
3/4/2019 | Date: |
3/28/2019 |
| Address for Notice: |
Address for Notice: | |
| For Funds in Group A on Annex A: |
||
| NexPoint Advisors, L.P. 000 Xxxxxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 |
The Bank of New York Mellon c/o BNY Mellon Asset Servicing 000 Xxxxxxxx Xxxxxxx X Xxxxxxx, XX 00000 | |
| Attention: R-Operations |
Attention: Xxxx X. Xxxxxxxx | |
| For Funds in Group B on Annex A: |
||
| Highland Capital Management Fund Advisors, L.P. 000 Xxxxxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 |
||
| Attention: R-Operations |
||
EXECUTION
Annex A
(Amended and Restated as of April 8, 2019)
FUNDS
Group A
NexPoint Real Estate Strategies Fund
NexPoint Healthcare Opportunities Fund
NexPoint Latin American Opportunities Fund
NexPoint Discount Strategies Fund
NexPoint Energy and Materials Opportunities Fund
NexPoint Strategic Income Fund
NexPoint Event-Driven Fund
NexPoint Strategic Opportunities Fund
NexPoint Real Estate Capital, LLC
NexPoint Real Estate Opportunities, LLC
Group B
Highland Long/Short Equity Fund
Highland Long/Short Healthcare Fund
Highland Merger Arbitrage Fund
Highland Opportunistic Credit Fund
Highland Energy MLP Fund
Highland Fixed Income Fund
Highland Premier Growth Equity Fund
Highland Small-Cap Equity Fund
Highland Tax-Exempt Fund
Highland Total Return Fund
Highland Floating Rate Opportunities Fund
HFRO Sub, LLC
Highland Global Allocation Fund
Gambier Bay, LLC
