Hedge Fund Subscription Procedure Page 4
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23(b)
the representations and warranties contained in this Subscription Agreement and
the Schedules are, and will be on the date of issue of the Units, true and correct
and will survive the completion of the issuance of the Units;
(c)
the representations and warranties contained in Sections 5(e), 5(f) and 5(g) of this
Subscription Agreement are, and will remain, true and correct for the duration of
the Investor’s investment in the Fund. The Investor shall notify the Fund and AGF
immediately if the Investor subsequently becomes aware that any of these
representations and warranties were either untrue at the time made or would be
untrue at a later date;
(d)
the representations, warranties and covenants contained in this Subscription
Agreement and the Schedules are made by the Investor with the intent that they be
relied upon by the Fund and AGF in determining the Investor’s eligibility as a
purchaser of the Units and the Investor hereby agrees to indemnify each of the
Fund and AGF against all losses, claims, costs, expenses and damages or
liabilities of any kind whatsoever, including, without restriction, taxes, interest
and penalties and legal costs, which either of them may suffer or incur, caused or
arising from reliance thereon and the Investor shall notify each of the Fund and
AGF immediately, at the address of AGF, of any change in the accuracy of any
representation, warranty or other information and shall provide the Fund and AGF
with appropriate information in connection therewith;
(e)
all of the representations, warranties and covenants contained in this Subscription
Agreement and the Schedules will be deemed to be repeated as of each date on
which additional investments in each Fund subscribed to are made unless the
Investor has notified the relevant Fund(s) prior to the date of each additional
investment. In the event there is a change in any representation, warranty or
covenant, the Investor shall complete such additional documentation as AGF may
request to give effect to such change prior to any additional investment being
made;
(f)
participation in the Fund is subject to acceptance of this Subscription Agreement
by AGF on behalf of the Fund and to the cheques or bank drafts representing
payment of the purchase price being honoured upon presentation for payment or
other form of payment being properly made and received;
(g)
it is purchasing the Units pursuant to an exemption from the prospectus
requirements set forth under applicable securities legislation in the Offering
Jurisdictions and, as a consequence, in some Offering Jurisdictions, it is restricted
from using the civil remedies available under applicable securities legislation, and
in all Offering Jurisdictions, it may not receive information that would otherwise
be required to be provided to it under such legislation, and that the Fund is
relieved from certain obligations that would otherwise apply under such
legislation;
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