Common use of Excess Distribution Clause in Contracts

Excess Distribution. (a) (Deposit with the Residual Unitholder): A payment to the Residual Unitholder of the Excess Distribution pursuant to clause 10.2B(o) will be held by the Residual Unitholder as a deposit by the Trustee with the Residual Unitholder and will be dealt with in accordance with this clause 11.2. (b) (Application towards Net Tax Income): At the end of each Financial Year, the Residual Unitholder will, and will be entitled to, deduct from so much of the deposit standing to the credit of the Trustee pursuant to clause 11.2(a): (i) first, the Net Tax Income of the Series Trust for that Financial Year absolutely vested in the Residual Unitholder for that Financial Year pursuant to clause 11.1 (ii) secondly, an amount not exceeding the then Subscription Amount notified by the Manager to the Trustee and the Residual Unitholder that the Residual Unitholder is entitled to deduct as a return of capital in the Series Trust represented by the Residual Unit. To the extent that there is any surplus in the amount so deposited over the aggregated Net Tax Income vested pursuant to clause 11.2(b)(i) or paid as a return of capital pursuant to clause 11.2(b)(ii), in a Financial Year, after the capital in the Series Trust has been reduced, the surplus will be dealt with in accordance with this clause 11.2(b) in the succeeding Financial Year. -------------------------------------------------------------------------------- 12. Early termination of Swaps

Excess Distribution. (a) (Deposit with the Residual UnitholderDEPOSIT WITH THE INCOME UNITHOLDER): A payment to the Residual Income Unitholder of the Excess Distribution pursuant to clause 10.2B(o10.2(p) will be held by the Residual Income Unitholder as a deposit by the Trustee with the Residual Income Unitholder and will be dealt with in accordance with this clause 11.2. (b) (Application towards Net Tax IncomeAPPLICATION TOWARDS NET TAX INCOME): At the end of each Financial Year, the Residual Income Unitholder will, and will be entitled to, deduct from so much of the deposit standing to the credit of the Trustee pursuant to clause 11.2(a):) (i) first, the Net Tax Income of the Series Trust for that Financial Year absolutely vested in the Residual Income Unitholder for that Financial Year pursuant to clause 11.1 (ii) secondly, an amount not exceeding the then Subscription Amount notified by the Manager to the Trustee and the Residual Income Unitholder that the Residual Income Unitholder is entitled to deduct as a return of capital in the Series Trust represented by the Residual Income Unit. To the extent that there is any surplus in the amount so deposited over the aggregated Net Tax Income vested pursuant to clause 11.2(b)(i) or paid as a return of capital pursuant to clause 11.2(b)(ii), in a Financial Year, after the capital in the Series Trust has been reduced, the surplus will be dealt with in accordance with this clause 11.2(b) in the succeeding Financial Year. -------------------------------------------------------------------------------- 12. Early termination of SwapsEARLY TERMINATION OF SWAPS

Excess Distribution. (a) (Deposit with the Residual Unitholder): A payment to the Residual Unitholder of the Excess Distribution pursuant to clause 10.2B(o10.2(p) will be held by the Residual Unitholder as a deposit by the Trustee with the Residual Unitholder and will be dealt with in accordance with this clause 11.2. (b) (Application towards Net Tax Income): At the end of each Financial Year, the Residual Unitholder will, and will be entitled to, deduct from so much of the deposit standing to the credit of the Trustee pursuant to clause 11.2(a):) (i) first, the Net Tax Income of the Series Trust for that Financial Year absolutely vested in the Residual Unitholder for that Financial Year pursuant to clause 11.1 (ii) secondly, an amount not exceeding the then Subscription Amount notified by the Manager to the Trustee and the Residual Unitholder that the Residual Unitholder is entitled to deduct as a return of capital in the Series Trust represented by the Residual Unit. To the extent that there is any surplus in the amount so deposited over the aggregated Net Tax Income vested pursuant to clause 11.2(b)(i) or paid as a return of capital pursuant to clause 11.2(b)(ii), in a Financial Year, after the capital in the Series Trust has been reduced, the surplus will be dealt with in accordance with this clause 11.2(b) in the succeeding Financial Year. -------------------------------------------------------------------------------- 12. Early termination of Swaps--------------------------------------------------------------------------------