EIGHTH AMENDMENT AGREEMENT
Exhibit (k)(21)
AMENDMENT AGREEMENT (“Amendment”) dated as of December 9, 2015 to the Committed Facility Agreement dated May 16, 2013 between BNP Paribas Prime Brokerage, Inc. (“BNPP PB, Inc”) and Nexpoint Credit Strategies Fund (“Customer”).
WHEREAS, BNPP PB, Inc and Customer previously entered into a Committed Facility Agreement dated as of May 16, 2013 (as amended from time to time, the “Agreement”);
WHEREAS, the parties hereto desire to increase the Maximum Commitment Financing (as defined in the Agreement) and amend the Agreement as provided herein;
NOW THEREFORE, in consideration of the mutual agreements provided herein, the parties agree to amend the Agreement as follows:
| 1. | Amendment to Section 1 of the Agreement (‘Definitions’) |
The definition of “Maximum Commitment Financing” in Section 1 of the Agreement is hereby amended by replacing the number “175,000,000” currently appearing therein with the number “75,000,000”.
| 2. | Amendment to Section 6 of the Agreement (‘Scope of Committed Facility’) |
| (a) | Section 6(b) and Section 6(c) are hereby amended by replacing the following words “cash loan” or “cash loans” with the word “Borrowings” where appearing therein. |
| (b) | The first paragraph of Section 6, Section 6(b), and Section 6(c) are hereby amended by replacing the following words “the 40 Act Financing Agreements” with the words “this Agreement” where appearing therein. |
| 3. | Amendment to the Debt Core Collateral Rate set forth in Appendix A of the Agreement |
Section 4(a) of Appendix A to the Agreement is hereby amended by deleting the following language “, based on the credit rating of the Issuer,” currently appearing therein.
| 4. | Representations |
Each party represents to the other party that all representations contained in the Agreement are true and accurate as of the date of this Amendment and that such representations are deemed to be given or repeated by each party, as the case may be, on the date of this Amendment.
| 5. | Miscellaneous |
| (a) | Definitions. Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings specified for such terms in the Agreement. |
| (b) | Entire Agreement. The Agreement as amended and supplemented by this Amendment constitutes the entire agreement and understanding of the parties with respect to its subject matter and supersedes all oral communications and prior writings (except as otherwise provided herein) with respect thereto. Except as expressly set forth herein, the terms and conditions of the Agreement remain in full force and effect. |
| (c) | Counterparts. This Amendment may be executed and delivered in counterparts (including by facsimile transmission), each of which will be deemed an original. |
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| (d) | Headings. The headings used in this Amendment are for convenience of reference only and are not to affect the construction of or to be taken into consideration in interpreting this Amendment. |
| (e) | Governing Law. This Amendment will be governed by and construed in accordance with the laws of the State of New York (without reference to choice of law doctrine). |
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IN WITNESS WHEREOF the parties have executed this Amendment with effect from the first date specified on the first page of this Amendment.
| BNP PARIBAS PRIME BROKERAGE, INC. | NEXPOINT CREDIT STRATEGIES FUND | |||||||
| /s/ XX Xxxx | /s/ Xxxxx Xxxxx | |||||||
| Name: | XX Xxxx | Name: | Xxxxx Xxxxx | |||||
| Title: | Managing Director | Title: | Treasurer | |||||
| /s/ Xxxxxxx Xxxx | ||||||||
| Name: | Xxxxxxx Xxxx | |||||||
| Title: | Managing Director | |||||||
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