CUSTODIAN AGREEMENTCustodian Agreement • March 2nd, 2016 • NexPoint Capital, Inc. • Massachusetts
This Agreement, dated as of August 26, 2014, is between NEXPOINT CAPITAL, INC., a corporation organized and existing under the laws of the State of Delaware (the “Fund”), and STATE STREET BANK and TRUST COMPANY, a Massachusetts trust company (the “Custodian”).
DEALER MANAGER AGREEMENT NexPoint Capital, Inc. Up to 150,000,000 Shares of Common Stock, $0.001 par value per share August 18, 2014Dealer Manager Agreement • March 2nd, 2016 • NexPoint Capital, Inc. • Delaware
NexPoint Capital, Inc., a Delaware corporation (the “Company”), that has elected to be treated as a business development company (a “BDC”) under the Investment Company Act of 1940, as amended (together with the rules and regulations thereunder, the “Investment Company Act”) has registered for public sale (the “Offering”) a maximum of 150,000,000 shares (the “Offered Shares”) of its common stock, $0.001 par value per share (the “Common Stock”), upon the terms and subject to the conditions set forth in the Prospectus (as defined in Section 1.1 below). The Offered Shares are to be issued and sold to the public on a “best efforts” basis through: (a) Highland Capital Funds Distributor, Inc., a Delaware corporation (the “Dealer Manager”), as the exclusive managing dealer; and (b) other broker-dealers retained by the Dealer Manager, at its sole discretion, to participate in the Offering (the “Participating Dealers”) at an initial offering price of $10.00 per share (subject in certain circumst
ESCROW AGREEMENTEscrow Agreement • March 2nd, 2016 • NexPoint Capital, Inc. • Missouri
THIS ESCROW AGREEMENT (this “Agreement”) is made and entered into as of this 18th day of August, 2014 by and among NexPoint Capital, Inc., a Delaware corporation (the “Company”), Highland Capital Funds Distributor, 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”).
NEXPOINT CAPITAL, INC. ADMINISTRATION AGREEMENTAdministration Agreement • March 2nd, 2016 • NexPoint Capital, Inc. • New York
This Administration Agreement is hereby made as of the 18th day of August 2014 (the “Agreement”), between NexPoint Capital, Inc., a Delaware corporation (the “Company”) and NexPoint Advisors, L.P., a Delaware limited partnership (the “Administrator”).
INVESTMENT ADVISORY AGREEMENT BETWEEN NEXPOINT CAPITAL, INC. AND NEXPOINT ADVISORS, L.P.Investment Advisory Agreement • March 2nd, 2016 • NexPoint Capital, Inc. • New York
This Investment Advisory Agreement (the “Agreement”) is made this 18 day of August 2014, by and between NEXPOINT CAPITAL, INC., a Delaware corporation (the “Corporation”), and NEXPOINT ADVISORS, L.P., a Delaware partnership (the “Adviser”).
EXPENSE LIMITATION AGREEMENT NEXPOINT CAPITAL, INC.Expense Limitation Agreement • March 2nd, 2016 • NexPoint Capital, Inc. • New York
THIS AGREEMENT is hereby made as of the day of July 2014 (this “Agreement”) between NexPoint Capital, Inc., a Delaware corporation (the “Company”), and NexPoint Advisors, L.P., a Delaware limited partnership (the “Adviser”).
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • March 2nd, 2016 • NexPoint Capital, Inc. • Massachusetts
AMENDMENT NO. 1 (this “Amendment”), dated as of January 5, 2016, to the Credit Agreement, dated as of January 6, 2015, by and among NEXPOINT CAPITAL, INC., a Delaware corporation (herein referred to as the “Borrower”), the Banks party thereto from time to time and STATE STREET BANK AND TRUST COMPANY, as agent for the Banks (in such capacity, the “Agent”) (as the same may be further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”).
