FORM OF AMENDED AND RESTATED BYLAWS OF RMR DIVIDEND CAPTURE FUND (Dated as of , 2008) ARTICLE I AGREEMENT AND DECLARATION OF TRUST AND PRINCIPAL OFFICERMR Dividend Capture Fund • November 27th, 2007 • London
Notwithstanding any other provision contained above, for purposes of determining whether a Fitch Eligible Asset falls within a specific Fitch Loan Category, to the extent that any Fitch Eligible Asset would fall within more than one of the Fitch Loan Categories, such Fitch Eligible Asset shall be deemed to fall into the Fitch Loan Category with the lowest applicable Fitch Discount Factor.
