AGREEMENT AND PLAN OF MERGER AND LIQUIDATIONMerger Agreement • June 10th, 2009 • HCF Acquisition LLC • Delaware
This Agreement and Plan of Merger and Liquidation (the “Agreement”) is made as of April 29, 2009 in Dallas, Texas, by and among Highland Credit Strategies Fund, a Delaware statutory trust (“Acquiring Fund”), Highland Distressed Opportunities, Inc., a Delaware corporation (“Acquired Fund”), and HCF Acquisition LLC (“Merger Sub”), a Delaware limited liability company and a wholly owned subsidiary of Acquiring Fund. Each of the Acquired Fund and Acquiring Fund is sometimes hereinafter referred to as a “Fund” or, together, the “Funds”.
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF HCF ACQUISITION LLCLimited Liability Company Agreement • June 10th, 2009 • HCF Acquisition LLC • Delaware
THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of HCF Acquisition LLC (the “Company”) is made and entered into as of the 2nd day of June, 2009 (the “Effective Date”) by Highland Credit Strategies Fund as sole member (the “Member”).
