SECOND AMENDED AND RESTATED CUSTODY AGREEMENTCustody Agreement • July 17th, 2015 • HMS Income Fund, Inc. • Texas
This agreement (this “Agreement”) dated as of May 29, 2014 among 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, 2800 Post Oak Boulevard, Suite 4800, Houston Texas 77056 (“Fund”), HMS EQUITY HOLDING, LLC, a limited liability company organized and existing under the laws of the state of Delaware having a place of business located at c/o Hines Interests Limited Partnership, 2800 Post Oak Boulevard, Suite 4800, Houston Texas 77056 (“Holding” and Fund, collectively, “HMS”) 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 1801 Main Street, 8th Floor, Houston, Texas, 77002 (“Custodian”).
