AMENDED AND RESTATED CUSTODY AGREEMENTCustody Agreement • March 17th, 2014 • HMS Income Fund, Inc. • Texas
This agreement (this “Agreement”) dated as of March 11, 2014 between HMS INCOME FUND, INC., a corporation organized and existing under the laws of the state of Maryland having a place of business located at c/o Hines Interests Limited Partnership, 1300 Post Oak Boulevard, Suite 800, Houston Texas 77056 (“Fund”) and any additional affiliates or future subsidiaries of the Fund as provided herein and AMEGY BANK NATIONAL ASSOCIATION, a national banking association having a place of business at 1221 McKinney Street Level P-1, Houston, Texas, 77010 (“Custodian”).
ASSIGNMENT AND ASSUMPTIONAssignment and Assumption • March 17th, 2014 • HMS Income Fund, Inc. • Texas
THIS ASSIGNMENT AND ASSUMPTION (the “Assignment”) is entered into as of December 31, 2013 by and among Main Street Capital Partners, LLC, a Delaware limited liability company (the “MSCP”), Main Street Capital Corporation, a Maryland corporation (“MSCC” and, together with MSCP, the “Assignor”), and MSC Adviser I, LLC, a Delaware limited liability company (the “Assignee”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Sub-Advisory Agreement (defined below).
