SELLING AND INVESTOR SERVICING AGREEMENT FOR HIGHLAND FUNDSHighland Funds I • November 22nd, 2006 • Delaware
For the mutual promises contained herein and other good and valuable consideration, we enter into this Agreement with you for the sale of the beneficial interests (the “Shares”) in any closed-end interval fund (each, a “Closed-End Fund”) or any portfolio of an open-end investment company (each, an “Open-End Fund” and, together with the Closed-End Funds, the “Funds”), which are registered under the Investment Company Act of 1940, as amended (the “1940 Act”) and of which you are the Distributor. (The Funds are listed on Schedule A hereto, as amended from time to time.) Upon acceptance of this Agreement by you, we understand that we may offer and sell Shares of the Funds subject, however, to all of the terms and conditions hereof and to a Fund’s right, without notice, to suspend or terminate the sale of Shares.
INITIAL CAPITAL AGREEMENTInitial Capital Agreement • November 22nd, 2006 • Highland Funds I
THIS INITIAL CAPITAL AGREEMENT (the “Agreement”) is entered into as of November 20, 2006, by and between Highland Capital Management, L.P., a Delaware limited partnership (the “Purchaser”), and Highland Funds I, a Delaware statutory trust (the “Trust”), on behalf of its investment portfolio or series, Highland Equity Opportunities Fund (the “Fund”). The parties to this Agreement hereby agree as follows:
