HIGHLAND FLOATING RATE FUND AGREEMENT AND DECLARATION OF TRUST Dated as of November 26, 2007Agreement and Declaration of Trust • December 18th, 2007 • Highland Floating Rate Fund • Delaware
Contract Type FiledDecember 18th, 2007 Company JurisdictionAGREEMENT AND DECLARATION OF TRUST made as of November 26, 2007, by the Trustees hereunder, and by the holders of shares of beneficial interest issued hereunder as hereinafter provided.
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • December 18th, 2007 • Highland Floating Rate Fund • Delaware
Contract Type FiledDecember 18th, 2007 Company JurisdictionINVESTMENT ADVISORY AGREEMENT made as of , 2007, by and between Highland Capital Management, L.P., a Delaware limited partnership (the “Manager”), and Highland Floating Rate Fund, a Delaware statutory trust (the “Fund”).
FORM OF SUBSCRIPTION AGREEMENTSubscription Agreement • December 18th, 2007 • Highland Floating Rate Fund
Contract Type FiledDecember 18th, 2007 CompanyTHIS SUBSCRIPTION AGREEMENT (the “Agreement”) is entered into as of December ___, 2007, between Highland Floating Rate Fund, a statutory trust organized and existing under the laws of Delaware (the “Trust”), and Highland Capital Management, L.P. (the “Purchaser”). The parties to this Agreement hereby agree as follows: