0000950123-09-019636 Sample Contracts

PURCHASE AGREEMENT
Purchase Agreement • July 1st, 2009 • Cushing MLP Total Return Fund • Texas

THIS PURCHASE AGREEMENT (the “Agreement”) is entered into as of the 30th day of June 2009 between The Cushing MLP Total Return Fund, a statutory trust organized and existing under the laws of Delaware (the “Fund”), and Peak Financial Management, Inc., (the “Advisor”) on behalf of certain accounts managed by the Advisor (the “Purchasers”).

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PURCHASE AGREEMENT
Purchase Agreement • July 1st, 2009 • Cushing MLP Total Return Fund • Texas

THIS PURCHASE AGREEMENT (the “Agreement”) is entered into as of the 30th day of June 2009 between The Cushing MLP Total Return Fund, a statutory trust organized and existing under the laws of Delaware (the “Fund”), and Gagnon Securities LLC, (the “Advisor”) on behalf of the accounts specified on Schedule I hereto managed by the Advisor (the “Purchasers”).

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