ContractEscrow Agreement • June 25th, 2012 • HMS Income Fund, Inc. • Texas
ESCROW AGREEMENT A THIS ESCROW AGREEMENT (this “Agreement”) is made and entered into as of this 17th day of May, 2012 by and among EMS Income Fund, Inc. a Maryland corporation (the “Company”), Hines Securities, Inc., a Delaware corporation (the “Dealer Manager”) and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the “Escrow_Agent”). RECITALS WHEREAS, the Company proposes to offer and sell up to 150,000,000 shares of its common stock, par value $0001 per share (the “Shares”) on a best-efforts basis (including the shares of its common stock to be offered and sold pursuant to the Company’s distribution reinvestment plan), at an initial subscription price of $ 10.00 per share (the “Offering”) to investors pursuant to the Company’s Registration statement on Form N-2 (File No. 333-178548), us amended from time to time (the “Offering Document”). WHEREAS, the Dealer Manager has been engaged by the Company t
