Hedge Fund Subscription Procedure Page 2
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235.
Covenants, Representations and Warranties of the Investor:
The Investor covenants, represents and warrants to the Fund and to AGF that:
(a)
the Investor has, or has consulted with their Dealer which has, such knowledge
and experience in financial and business affairs as to be capable of evaluating the
merits and risks of an investment in the Fund and is able to bear the economic risk
of loss of such investment;
the Investor’s decision to execute and enter into this Subscription Agreement and
(b)
to purchase the Units has not been based upon any verbal or written
representation as to fact or otherwise made or purported to be made by or on
behalf of the Fund, AGF or any other person except as is set forth in the Offering
Memorandum and this Subscription Agreement;
(c)
the Investor has completed the Certificate of Accredited Investor attached as
Schedule “B”, and any applicable appendix to such Schedule;
(d)
the Investor has completed the Individual Tax Self-Certification Form attached as
Schedule “C” or the Entity Tax Self-Certification Form attached as Schedule “D”,
as applicable, pursuant to Section 19(b) of this Subscription Agreement, and shall
notify the Fund and AGF immediately if the Investor subsequently becomes
aware of any changes at a later date;
(e)
the Investor is acting for his, her or its own account and is purchasing Units as
principal (or is deemed by applicable securities legislation in the Offering
Jurisdictions to be acting as principal for a fully managed account) for investment
purposes only and not with a view to resale;
(f)
if an individual, the Investor is a citizen of the country or countries indicated in
Schedule “B”;
(g)
the Investor is (or if the Investor is a deemed principal, all the beneficial holders
of the managed accounts for which the Investor is subscribing, are) a resident of
Canada for the purpose of the Income Tax Act (Canada);
the Investor is a resident of the province indicated in Schedule “B” for the
(h)
purpose of the Excise Tax Act (Canada) or if the Investor is a deemed principal,
the Investor will provide the province of residence information regarding each
beneficial holder of the managed account for which the Investor is subscribing;
(i)
this Subscription Agreement has been duly executed and delivered by the Investor
(and if the Investor is a deemed principal, the Investor is duly authorized to
execute and deliver this Subscription Agreement on behalf of the beneficial
holders of the managed accounts for which the Investor is subscribing) and is
legally binding upon it (and if the Investor is a deemed principal, the beneficial
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