Hedge Fund Subscription Procedure Page 7
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23deter continuance of such activity. Such action may include the charging of a short-term or
frequent trading fee and/or the rejection of future purchase orders.
11.
Joint Accounts:
If the subscription is for a joint account, the joint Investors hereby authorize and direct the
Funds, AGF or any other party acting on the Funds’ behalf, to take instructions from one of the
parties who is part of a joint account without notifying the other person(s) named on the account
and the Investors for the joint account shall indemnify the Funds, AGF and any other party
acting on the Funds’ behalf if there are any claims in relation to acting on the instructions of one
or some, but not all, of the joint Investors. If the subscription is for a joint account, the Investors
declare that their interests in the joint account are joint tenants with full rights of survivorship
and not as tenants-in-common or resulting trust, unless written notice is provided to the Funds on
a timely basis. This means that each Investor who is part of the joint subscription will be jointly
and severally liable with the others for all liabilities with respect to any obligations arising from
the investment or under this Subscription Agreement, including the payment of fees, charges and
any other amounts.
12.
Force Majeure:
Notwithstanding any other provision of this Subscription Agreement, neither the Funds nor AGF
shall be liable for any loss to the Investor caused directly or indirectly by circumstances beyond
the Funds’ or AGF’s reasonable control, including, but not limited to, government restrictions,
exchange or market rulings, suspensions of trading, acts of civil or military authority, national
emergencies, labour difficulties, fires, earthquakes, floods or other catastrophes, acts of God,
wars, terrorist acts, riots or failures of communication or power supply.
13.
Governing Law:
The agreement resulting from AGF’s acceptance of this Subscription Agreement on behalf of the
Fund will be governed by and construed in accordance with the laws of the province of Ontario
and the federal laws of Canada applicable therein.
14.
Time of the Essence:
Time is of the essence of this Subscription Agreement.
15.
Language:
It is the express wish of the Investor that this Subscription Agreement, and any related
documentation be drawn up in English. Il est de la volonté de l’investisseur que la présente
entente et tous les documents s’y rattachant soient rédigés en anglais.
16.
Survival:
The representations and warranties herein contained shall survive the purchase of the Units of
each Fund subscribed to contemplated hereby and shall continue in full force and effect,
unaffected by any subsequent purchases or redemptions of any Units purchased hereby and AGF
7
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