AMENDED AND RESTATED ADMINISTRATION AGREEMENT BETWEEN FS ENERGY TOTAL RETURN FUND AND FS ENERGY ADVISOR, LLCAdministration Agreement • February 28th, 2018 • FS Energy Total Return Fund • Delaware
This Amended and Restated Administration Agreement (the “Agreement”) is made this 28th day of February 2018, by and between FS ENERGY TOTAL RETURN FUND, a Delaware statutory trust (the “Fund”), and FS ENERGY ADVISOR, LLC, a Delaware limited liability company (the “Administrator”).
BROKER DEALER SELLING AGREEMENTBroker Dealer • February 28th, 2018 • FS Energy Total Return Fund • Colorado
THIS BROKER DEALER SELLING AGREEMENT (“Agreement”) made and entered into between ALPS Distributors, Inc. (“Distributor”), a Colorado corporation having its principal place of business at 1290 Broadway, Suite 1100, Denver, Colorado 80203, and , a company having its principal place of business (hereinafter “Broker/Dealer”).
SPECIAL CUSTODY AND PLEDGE AGREEMENTSpecial Custody and Pledge Agreement Agreement • February 28th, 2018 • FS Energy Total Return Fund • New York
AGREEMENT (hereinafter “Agreement”), dated as of March 16, 2017, among State Street Bank and Trust Company, a Massachusetts trust company, in its capacity as custodian hereunder (“Custodian”), FS Energy Total Return Fund (the “Fund”), and BNP Paribas Prime Brokerage, Inc. (the “Counterparty”).
PBI AgreementPbi Agreement • February 28th, 2018 • FS Energy Total Return Fund
This agreement (including all terms, schedules, supplements and exhibits attached hereto, this “PBI Agreement”) is entered into between the customer specified below (“Customer”) and BNP PARIBAS PRIME BROKERAGE INTERNATIONAL, LTD. (“PBI”), BNP Paribas, acting through its New York branch (“BNPP NY”, and together with PBI, the “Arranged Financing Entities”). The Agreement sets forth the terms and conditions on which PBI will open and maintain Accounts for prime brokerage and other products and otherwise transact business with Customer. Customer and BNP Paribas Prime Brokerage, Inc. (“BNPP PB”), on behalf of itself and as agent for the BNPP Entities, have also entered into a U.S. Prime Brokerage Agreement (the “U.S. PB Agreement”) for the provision of certain securities related services.
SECOND AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • February 28th, 2018 • FS Energy Total Return Fund • Delaware
THIS SECOND AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT (“Agreement”) is made as of the 28th day of February, 2018 by and between FS Energy Total Return Fund, a Delaware statutory trust (the “Fund”), and FS Energy Advisor, LLC, a Delaware limited liability company (the “Advisor”). This Agreement amends and restates in its entirety that certain Amended and Restated Expense Limitation Agreement, dated as of June 15, 2017, by and between the Fund and the Advisor (the “Original Expense Limitation Agreement”).
Committed Facility AgreementCommitted Facility Agreement • February 28th, 2018 • FS Energy Total Return Fund • New York
BNP PARIBAS PRIME BROKERAGE INTERNATIONAL, LTD. (“BNPP PB”) and the counterparty specified on the signature page hereto (“Customer”), hereby enter into this Committed Facility Agreement (this “Agreement”), dated as of the date specified on the signature page hereto.
Exhibit (k)(9) Execution copyAccount Agreement • February 28th, 2018 • FS Energy Total Return Fund • New York
This U.S. PB Agreement (including all terms, schedules, supplements and exhibits attached hereto, this “Agreement”) is entered into between the customer specified below (“Customer”) and BNP Paribas Prime Brokerage, Inc. (“BNPP PB, Inc.”) on behalf of itself and as agent for the BNPP Entities (as defined in the Account Agreement attached as Exhibit A hereto). The Agreement sets forth the terms and conditions on which BNPP PB, Inc. will transact business with Customer. Customer and BNPP PB, Inc., on behalf of itself and as agent for the BNPP Entities, have also entered into the Account Agreement.
