DISTRIBUTION AGREEMENTDistribution Agreement • March 14th, 2024 • Cascade Private Capital Fund • Delaware
THIS AGREEMENT is made and entered into as of this 27th day of February, 2024, by and between Cascade Private Capital Fund, a Delaware statutory trust (the “Fund”), and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”).
CASCADE PRIVATE CAPITAL FUND (formerly known as Barings Private Equity Opportunities and Commitments Fund) THIRD AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated: February 27, 2024Agreement and Declaration of Trust • March 14th, 2024 • Cascade Private Capital Fund
THIS AGREEMENT AND DECLARATION OF TRUST is AMENDED AND RESTATED as of February 27, 2024 (the “Trust Instrument”) for the purpose of renaming the Trust, Cascade Private Capital Fund, and amending and restating the Second Amended and Restated Declaration of Trust (defined below) in its entirety, effective February 27, 2024.
CUSTODY AGREEMENTCustody Agreement • March 14th, 2024 • Cascade Private Capital Fund • Massachusetts
INVESTMENT MANAGEMENT AGREEMENT Cascade Private Capital FundInvestment Management Agreement • March 14th, 2024 • Cascade Private Capital Fund • Delaware
AGREEMENT made this 27th day of February, 2024, by and between Cascade Private Capital Fund, a Delaware statutory trust (the “Fund”), and Cliffwater LLC, a Delaware limited liability company (the “Investment Manager”).
JOINT LIABILITY INSURANCE AGREEMENTJoint Liability Insurance Agreement • March 14th, 2024 • Cascade Private Capital Fund • Delaware
AGREEMENT dated the 27th day of February, 2024 between the Cliffwater Corporate Lending Fund and Cliffwater Enhanced Lending Fund and Cascade Private Capital Fund (collectively, the “Funds” and individually, a “Fund”).
JOINT INSURED BOND AGREEMENTJoint Insured Bond Agreement • March 14th, 2024 • Cascade Private Capital Fund • Delaware
AGREEMENT dated as of this 27th day of February, 2024, by and between Cliffwater Corporate Lending Fund, Cliffwater Enhanced Lending Fund and Cascade Private Capital Fund (each a “Fund” and together, the “Funds”).
ADMINISTRATION AGREEMENTAdministration Agreement • March 14th, 2024 • Cascade Private Capital Fund • Massachusetts
This Administration Agreement (“Agreement”) dated and effective as of February 27, 2024, is by and between State Street Bank and Trust Company, a Massachusetts trust company (the “Administrator”), and Cascade Private Capital Fund, a Delaware statutory trust (the “Trust”).
February 27, 2024Investment Management Agreement • March 14th, 2024 • Cascade Private Capital Fund
Pursuant to the Investment Management Agreement between the Fund and Cliffwater LLC (“Cliffwater”) dated February 27, 2024, Cliffwater is entitled to investment advisory fees of 1.40% of the Fund’s average daily net assets. By separate letter agreement dated as of February 27, 2024, Cliffwater has irrevocably agreed to waive a portion of its investment advisory fees payable to it in order to reduce the investment advisory fee paid to Cliffwater to an annual rate equal to 1.00% of the Fund’s average daily net assets through June 30, 2026. By our execution of this letter agreement (this “Agreement”), intending to be legally bound hereby, Cliffwater agrees that it will waive the remainder of its investment advisory fees payable to it from the date of this Agreement through June 30, 2025.
February 27, 2024Investment Management Fee Waiver Agreement • March 14th, 2024 • Cascade Private Capital Fund
Pursuant to the Investment Management Agreement between the Fund and Cliffwater LLC (“Cliffwater”) dated February 27, 2024, Cliffwater is entitled to investment advisory fees of 1.40% of the Fund’s average daily net assets. By our execution of this letter agreement (this “Agreement”), intending to be legally bound hereby, Cliffwater agrees irrevocably that it shall waive a portion of its investment advisory fees payable to it in order to reduce the investment advisory fee paid to Cliffwater to an annual rate equal to 1.00% of the Fund’s average daily net assets from the date of this Agreement through June 30, 2026.
TRANSFER AGENCY AND RECORDKEEPING AGREEMENTTransfer Agency and Recordkeeping Agreement • March 14th, 2024 • Cascade Private Capital Fund
THIS TRANSFER AGENCY AND RECORDKEEPING AGREEMENT (the “Agreement”) is made as of this 28th day of February, 2024, by and between Cascade Private Capital Fund, a Delaware statutory trust (the “Fund”), and UMB Fund Services, Inc., a Wisconsin corporation (the “Administrator”).
