Books of Account and Reports. 48 SECTION 9.1 Books of Account 48 SECTION 9.2 Annual Reports and Monthly Statements 48 SECTION 9.3 Tax Information 48 SECTION 9.4 Calculation of Net Asset Value of a Series 48 SECTION 9.5 Other Reports 48 SECTION 9.6 Maintenance of Records 49 SECTION 9.7 Certificate of Trust 49 SECTION 9.8 Registration of Interests 49 ARTICLE X FISCAL YEAR 49 SECTION 10.1 Fiscal Year 49 ARTICLE XI AMENDMENT OF TRUST AGREEMENT; MEETINGS 50 SECTION 11.1 Amendments to the Trust Agreement. 50 SECTION 11.2 Meetings of the Trust 51 SECTION 11.3 Action Without a Meeting 52 ARTICLE XII TERM 52 SECTION 12.1 Term 52 ARTICLE XIII TERMINATION 52 SECTION 13.1 Events Requiring Dissolution of the Trust or any Series 52 SECTION 13.2 Distributions on Dissolution 54 SECTION 13.3 Termination; Certificate of Cancellation 54 ARTICLE XIV POWER OF ATTORNEY 55 SECTION 14.1 Power of Attorney Executed Concurrently 55 SECTION 14.2 Effect of Power of Attorney 55 SECTION 14.3 Limitation on Power of Attorney 56 ARTICLE XV MISCELLANEOUS 56 SECTION 15.1 Governing Law 56 SECTION 15.2 Provisions In Conflict With Law or Regulations. 57 SECTION 15.3 Construction 57 SECTION 15.4 Notices 57 SECTION 15.5 Counterparts 57 SECTION 15.6 Binding Nature of Trust Agreement 57 SECTION 15.7 No Legal Title to Trust Estate 58 SECTION 15.8 Creditors 58 SECTION 15.9 Integration 59 EXHIBIT A CERTIFICATE OF TRUST OF WORLD MONITOR TRUST 60 WORLD MONITOR TRUST THIRD AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT This THIRD AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of WORLD MONITOR TRUST (“Trust Agreement”) is made and entered into as of the 1st day of October, 2004, by and among PREFERRED INVESTMENT SOLUTIONS CORP. (formerly known as Kenmar Advisory Corp.), a Connecticut corporation (the “Managing Owner”), WILMINGTON TRUST COMPANY, a Delaware banking company, as trustee (the “Trustee”), and the INTERESTHOLDERS from time to time hereunder.
Books of Account and Reports. Proper books of account shall be kept by the General Partner wherein shall be entered all transactions, matters and things relating to the Partnership's business as are usually entered into books of account kept by persons engaged in a business of a like character. The books of account shall be kept at the principal place of business of the Partnership and each Partner (or any duly constituted designee of a Partner) shall at all times during reasonable business hours have free access to and the right to inspect and copy the same. There shall be established for each Partner on the books of the Partnership a Capital Account which shall show the amount of each capital contribution made by such Partner (or his, her or its predecessor in the case of an assignment of a Partnership Interest),. adjusted to reflect such Partner's proportion of profits and losses (determined according to Paragraph B of Article VIII) and of withdrawals and distributions and other items to the extent properly creditable to or chargeable against such Capital Account. Within 75 days after the end of each Fiscal Year, the General Partner shall deliver to each Limited Partner adequate information to enable each Limited Partner to complete and file his Federal tax return. Copies of each such report shall be distributed to each Limited Partner within 60 days after the end of any such quarter. If deemed appropriate by the General Partner such notice may be prepared and distributed to Limited Partners more frequently than quarterly. The General Partner shall send such other reports and information, if any, to the Limited Partners as the General Partner may deem necessary or appropriate, including but not limited to reports containing the name and address of each person who has had an unconditional written offer to purchase Partnership property rejected by the Partnership (such report shall also contain the price and terms offered). Copies of each report distributed to the Limited Partners shall, to the extent required
Books of Account and Reports. (a) The Partnership shall maintain at its principal office and in accordance with generally accepted accounting principles, complete and accurate books of account and records of its operations showing the assets, liabilities, costs, expenditures, receipts, profits, and losses of the Partnership and of SunValley LLC, and which shall include provision for separate Capital Accounts for the Partners and shall provide for such other matters and information as a Partner shall reasonably request, together with copies of all documents executed on behalf of the Partnership. Each Partner and its representatives, duly authorized in writing, shall have the right to inspect and examine, at all reasonable times, at the principal office of the Partnership, all such books of account, records, and documents. (b) The Managing Partner shall deliver, or cause to be delivered, to the Non-Managing Partners within ninety (90) Days after the end of each Fiscal Year of the Partnership, audited financial statements prepared in accordance with generally accepted accounting principles. (c) The Managing Partner shall deliver, or cause to be delivered, to the Non-Managing Partners within forty-five (45) Days after the end of each calendar quarter, unaudited financial statements prepared in accordance with accounting principles consistently applied on an historical basis and with such additional details reasonably requested by the Non-Managing Partners to convert such financial statements into ones consistent with generally accepted accounting principles. (d) The Managing Partner shall also prepare, or cause to be prepared, on behalf of the Partnership, such financial statements, reports, and other information as may be required by any Third Party lender of the Partnership. (e) The cost of all reporting provided for or authorized in this Section 4.4 shall be paid by the Partnership. Any Partner may, at any time, and at its sole expense, cause an audit of the Partnership's books to be made by a certified public accountant of such Partner's own selection.
Books of Account and Reports. Proper books of account shall be kept by the General Partner wherein shall be entered all transactions, matters and things relating to the Partnership's business as are usually entered into books of account kept by persons engaged in a business of a like character. The books of account shall be kept at the principal place of business of the Partnership and each Partner (or any duly constituted designee of a Partner) shall at all times during reasonable business hours have free access to and the right to inspect and copy the same. There shall be established for each Partner on the books of the Partnership a Capital Account which shall show the amount of each capital contribution made by such Partner (or his, her or
Books of Account and Reports. 1. BECTON agrees to keep complete and accurate records of its sales of the LICENSED PRODUCT sold and all data necessary for the computation of payments to be made to LICENSOR hereunder. However, BECTON shall have no duty of trust or other fiduciary relationship with LICENSOR regarding the maintenance of the books of account or the calculation and reporting of royalties.
Books of Account and Reports. 48 SECTION 9.1
Books of Account and Reports. 1. CR agrees to keep complete and accurate records of its sales of the PRODUCT(S) sold and all data necessary for the computation of payments to be made to BD hereunder. However, CR shall have no duty of trust or other fiduciary relationship with BD regarding the maintenance of the books of account or the calculation and reporting of royalties.
Books of Account and Reports. Except as expressly set forth on Schedule 3.14, the books of account and other financial books and records of Seller from which the Financial Statements have been prepared are maintained in accordance with GAAP. Seller has not made any changes in accounting principles or practices in preparing the Financial Statements and the Financial Statements are capable of being audited. Each of Seller, UMKK and UMNet has filed all reports required by all Legal Requirements to be filed, and it has duly paid or accrued on its books of account all applicable duties and charges due or assessed against it pursuant to such reports.
Books of Account and Reports. The Company will keep true records and books of account in which full, true and correct entries will be made of all dealings or transactions in relation to the business and affairs of the Company and its Subsidiaries, in accordance with such system of accounts and orders as shall be prescribed by governmental authorities having jurisdiction in the premises, or, in the absence thereof, in accordance with generally accepted accounting principles, and will file such reports and documents with such Federal and state governmental authorities as may be required by law.
Books of Account and Reports. Internal Controls; Absence -------------------------------------------------------- of Certain Payments. -------------------
