Common use of Structural Measures Clause in Contracts

Structural Measures. Under the AIFMG or the AIFMV, the AIFM may decide structural measures concerning the AIF resp. subfunds at any time and at its freely exercised discretion with the approval of the FMA Liechtenstein. Structural measures are, in particular, mergers or transformation. A merger may be carried out irrespective of the legal form of the other AIF and of whether the other AIF has its registered office in Liechtenstein or not. In addition, other structural measures are also admissible under the AIFMG or AIFMV. In the absence of any rulings to the contrary below, the statutory provisions under the AIFMG or AIFMV as well as the corresponding provisions shall apply. Under Art. 85 AIFMG, a merger does not require the consent of the investors. The investors will not be granted a right of consent. Further information on dissolution, mergers and structural measures can be found in Art. 9 et seq. of the Trust Agreement. The AIF shall be governed by Liechtenstein law. Exclusive place of jurisdiction for all disputes between the investors, the AIFM and the depositary is Vaduz, Principality of Liechtenstein. Nevertheless, with regard to claims of investors from these countries, the AIFM and/or the depositary may subject themselves to a place of jurisdiction in the countries in which units are offered and sold. Other statutorily mandatory places of jurisdiction are reserved. German is the legally binding language for the prospectus, the Trust Agreement as well as respective Annex A „Subfund overview“ and any further annexes. This prospectus shall come into effect on 13 December 2018.

Structural Measures. Under the AIFMG or the AIFMV, the AIFM may decide structural measures concerning the AIF resp. subfunds at any time and at its freely exercised discretion with the approval of the FMA Liechtenstein. Structural measures are, in particular, mergers or transformation. A merger may be carried out irrespective of the legal form of the other AIF and of whether the other AIF has its registered office in Liechtenstein or not. In addition, other structural measures are also admissible under the AIFMG or AIFMV. In the absence of any rulings to the contrary below, the statutory provisions under the AIFMG or AIFMV as well as the corresponding provisions shall apply. Under Art. 85 AIFMG, a merger does not require the consent of the investors. The investors will not be granted a right of consent. Further information on dissolution, mergers and structural measures can be found in Art. 9 et seq. of the Trust Agreement. It is also possible to convert the AIF into an umbrella structure with sub funds. The AIF shall be governed by Liechtenstein law. Exclusive place of jurisdiction for all disputes between the investors, the AIFM and the depositary custodian is Vaduz, Principality of Liechtenstein. Nevertheless, with regard to claims of investors from these countries, the AIFM and/or the depositary custodian may subject themselves to a place of jurisdiction in the countries in which units shares are offered and sold. Other statutorily mandatory places of jurisdiction are reserved. German is the legally binding language for the prospectus, the Trust Agreement as well as respective Annex Appendix A „Subfund overview“ and any further annexes"An Overview of the Fund". This prospectus shall come into effect on 13 December 201808 April 2019. Under the applicable law in the Principality of Liechtenstein, the constitutive documents are approved by the FMA. This approval refers only to information concerning the implementation of the provisions of the AIFMG/AIFMV. For this reason, Appendix B "Specific Information for Individual Selling Countries" (if available), which is based on foreign law, shall not be a subject matter of the audit by the FMA and is excluded from the approval.