THIRD QUARTER 2017 CONDITIONAL INCOME INCENTIVE FEE WAIVER AGREEMENTConditional Income Incentive Fee Waiver Agreement • October 19th, 2017 • HMS Income Fund, Inc. • Texas
Contract Type FiledOctober 19th, 2017 Company JurisdictionThis Third Quarter 2017 Conditional Income Incentive Fee Waiver Agreement (the “Agreement”), dated as of October 19, 2017, is made by and among HMS Income Fund, Inc. (the “Company”), HMS Adviser LP (“HMS Adviser”) and MSC Adviser I, LLC (the “Sub-Adviser,” together with HMS Adviser, the “Advisers,” and, collectively with the Company, the “Parties”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 19th, 2017 • HMS Income Fund, Inc. • New York
Contract Type FiledOctober 19th, 2017 Company JurisdictionThis First Amendment to Credit Agreement (this “Amendment”) is made and entered into effective as of October 19, 2017, by and among HMS INCOME FUND, INC., a Maryland corporation (“Borrower”), EVERBANK COMMERCIAL FINANCE, INC., as Administrative Agent (“Administrative Agent”), the Lenders party hereto, HMS EQUITY HOLDING, LLC, a Delaware limited liability company (“Holding”) and HMS EQUITY HOLDING II, INC. (“Holding II”; and together with Holding, collectively, “Guarantors” and each, a “Guarantor”).