0001213900-24-036728 Sample Contracts

DISTRIBUTION AGREEMENT
Distribution Agreement • April 26th, 2024 • Pender Real Estate Credit Fund

THIS DISTRIBUTION AGREEMENT (the “Agreement”) is made as of this 9th day of March, 2022, by and between Pender Real Estate Credit Fund, a Delaware statutory trust (the “Trust”), and UMB Distribution Services, LLC, a Wisconsin limited liability company ("Provider").

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Pender Real Estate Credit Fund AMENDED AND RESTATED BY-LAWS
Pender Real Estate Credit Fund • April 26th, 2024

These Amended and Restated By-laws (the “By-laws”) of the Pender Real Estate Credit Fund (the “Trust”), a Delaware statutory trust, are subject to the Trust’s Agreement and Declaration of Trust dated May 12, 2022, as from time to time amended, supplemented or restated (the “Trust Instrument”). Capitalized terms used herein which are defined in the Trust Instrument are used as therein defined.

INVESTMENT MANAGEMENT AGREEMENT PENDER REAL ESTATE CREDIT FUND
Investment Management Agreement • April 26th, 2024 • Pender Real Estate Credit Fund • Delaware

AGREEMENT effective as of this 9th day of March, 2023, by and Pender Real Estate Credit Fund, a Delaware statutory trust (the "Fund"), and Pender Capital Management, LLC, a Delaware limited liability company (the "Investment Manager").

JOINT INSURED BOND AGREEMENT
Joint Insured Bond Agreement • April 26th, 2024 • Pender Real Estate Credit Fund • Delaware

AGREEMENT dated as of this 6th day of June, 2023, by and between Infinity Core Alternative Fund, First Trust Alternative Opportunities Fund, Variant Alternative Income Fund, Variant Impact Fund, Corbin Multi-Strategy Fund, LLC, Agility Multi-Asset Income Fund, Keystone Private Income Fund, Aspiriant Risk-Managed Real Assets Fund, Aspiriant Risk-Managed Capital Appreciation Fund, AFA Private Credit Fund, The Optima Dynamic Alternatives Fund, First Trust Real Assets Fund, First Trust Private Credit Fund, First Trust Private Assets Fund, Destiny Alternative Fund LLC, Destiny Alternative Fund (TEI) LLC, Pender Real Estate Credit Fund, Felicitas Private Markets Fund and First Trust Hedged Strategies Fund (each a “Fund” and together, the “Funds”).

JOINT LIABILITY INSURANCE AGREEMENT
Joint Liability Insurance Agreement • April 26th, 2024 • Pender Real Estate Credit Fund • Delaware

AGREEMENT dated the 6th day of June, 2023 between the Infinity Core Alternative Fund, First Trust Alternative Opportunities Fund, Variant Alternative Income Fund, Variant Impact Fund, Corbin Multi-Strategy Fund, LLC, Agility Multi-Asset Income Fund, Keystone Private Income Fund, Aspiriant Risk-Managed Real Assets Fund, Aspiriant Risk-Managed Capital Appreciation Fund, AFA Private Credit Fund, The Optima Dynamic Alternatives Fund, First Trust Real Assets Fund, First Trust Private Credit Fund, First Trust Private Assets Fund, Destiny Alternative Fund LLC, Destiny Alternative Fund (TEI) LLC, Pender Real Estate Credit Fund, Felicitas Private Markets Fund and First Trust Hedged Strategies Fund (collectively, the “Funds” and individually, a “Fund”).

PENDER REAL ESTATE CREDIT FUND AGREEMENT AND DECLARATION OF TRUST Dated: May 12, 2022
Agreement and Declaration of Trust • April 26th, 2024 • Pender Real Estate Credit Fund

AGREEMENT AND DECLARATION OF TRUST of Pender Real Estate Credit Fund, a Delaware statutory trust, made as of May 12, 2022 by the undersigned Trustee.

EXPENSE LIMITATION AND REIMBURSEMENT AGREEMENT
Expense Limitation and Reimbursement Agreement • April 26th, 2024 • Pender Real Estate Credit Fund

AGREEMENT effective as of the 1st day of December, 2022 by and among Pender Real Estate Credit Fund, a Delaware statutory trust (the “Fund”) and Pender Capital Management, LLC, a Delaware limited liability company (“the Investment Manager”).

FUND OF FUNDS INVESTMENT AGREEMENT
Funds Investment Agreement • April 26th, 2024 • Pender Real Estate Credit Fund

This FUND OF FUNDS INVESTMENT AGREEMENT (the “Agreement”), dated as of March 17, 2023, is between First Trust Alternative Opportunities Fund, a trust organized under the laws of Delaware (the “Acquiring Fund”), and Pender Real Estate Credit Fund a trust organized under the laws of Delaware (the “Acquired Fund” and, together with the Acquiring Fund, the “Funds”).

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