Common use of Books of Account and Reports Clause in Contracts

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 49 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 50 SECTION 10.1. Fiscal Year 50 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 55 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 58 SECTION 15.7. No Legal Title to Trust Estate 58 SECTION 15.8. Creditors 58 SECTION 15.9. Integration 58 EXHIBIT A Certificate Of Trust Of World Monitor Trust II 60 WORLD MONITOR TRUST II 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 II (“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. 48 SECTION 9.1. 9.1 Books of Account 48 SECTION 9.2. 9.2 Annual Reports and Monthly Statements 48 SECTION 9.3. 9.3 Tax Information 48 SECTION 9.4. 9.4 Calculation of Net Asset Value of a Series 48 SECTION 9.5. 9.5 Other Reports 49 48 SECTION 9.6. 9.6 Maintenance of Records 49 SECTION 9.7. 9.7 Certificate of Trust 49 SECTION 9.8. 9.8 Registration of Interests 49 ARTICLE X FISCAL YEAR 50 49 SECTION 10.1. 10.1 Fiscal Year 50 49 ARTICLE XI AMENDMENT OF TRUST AGREEMENT; MEETINGS 50 SECTION 11.1. 11.1 Amendments to the Trust Agreement. 50 SECTION 11.2. 11.2 Meetings of the Trust 51 SECTION 11.3. 11.3 Action Without a Meeting 52 ARTICLE XII TERM 52 SECTION 12.1. 12.1 Term 52 ARTICLE XIII TERMINATION 52 SECTION 13.1. 13.1 Events Requiring Dissolution of the Trust or any Series 52 SECTION 13.2. 13.2 Distributions on Dissolution 54 SECTION 13.3. 13.3 Termination; Certificate of Cancellation 55 54 ARTICLE XIV POWER OF ATTORNEY 55 SECTION 14.1. 14.1 Power of Attorney Executed Concurrently 55 SECTION 14.2. 14.2 Effect of Power of Attorney 55 SECTION 14.3. 14.3 Limitation on Power of Attorney 56 ARTICLE XV MISCELLANEOUS 56 SECTION 15.1. 15.1 Governing Law 56 SECTION 15.2. 15.2 Provisions In Conflict With Law or Regulations. 57 SECTION 15.3. 15.3 Construction 57 SECTION 15.4. 15.4 Notices 57 SECTION 15.5. 15.5 Counterparts 57 SECTION 15.6. 15.6 Binding Nature of Trust Agreement 58 57 SECTION 15.7. 15.7 No Legal Title to Trust Estate 58 SECTION 15.8. 15.8 Creditors 58 SECTION 15.9. 15.9 Integration 58 59 EXHIBIT A Certificate Of Trust Of World Monitor Trust II CERTIFICATE OF TRUST OF WORLD MONITOR TRUST 60 WORLD MONITOR TRUST II 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 II (“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. 48 SECTION 9.1. 36 Section 9.1 Books of Account 48 SECTION 9.2. 36 Section 9.2 Annual Reports and Monthly Statements 48 SECTION 9.3. 36 Section 9.3 Tax Information 48 SECTION 9.4. 37 Section 9.4 Calculation of Net Asset Value of a Series 48 SECTION 9.5. 37 Section 9.5 Other Reports 49 SECTION 9.6. 37 Section 9.6 Maintenance of Records 49 SECTION 9.7. 37 Section 9.7 Certificate of Trust 49 SECTION 9.8. 37 Section 9.8 Registration of Interests 49 ARTICLE X 38 Article X. FISCAL YEAR 50 SECTION 10.1. 38 Section 10.1 Fiscal Year 50 ARTICLE XI 38 Article XI. AMENDMENT OF TRUST AGREEMENT; MEETINGS 50 SECTION 11.1. 38 Section 11.1 Amendments to the Trust Agreement. 50 SECTION 11.2. 38 Section 11.2 Meetings of the Trust 51 SECTION 11.3. 39 Section 11.3 Action Without a Meeting 52 ARTICLE XII 40 Article XII. TERM 52 SECTION 12.140 Section 12.1 Term 40 Article XIII. Term 52 ARTICLE XIII TERMINATION 52 SECTION 13.1. 40 Section 13.1 Events Requiring Dissolution of the Trust or any Series 52 SECTION 13.2. 40 Section 13.2 Distributions on Dissolution 54 SECTION 13.3. 42 Section 13.3 Termination; Certificate of Cancellation 55 ARTICLE XIV 42 Article XIV. POWER OF ATTORNEY 55 SECTION 14.1. 42 Section 14.1 Power of Attorney Executed Concurrently 55 SECTION 14.2. 42 Section 14.2 Effect of Power of Attorney 55 SECTION 14.3. 43 Section 14.3 Limitation on Power of Attorney 56 ARTICLE XV 43 Article XV. MISCELLANEOUS 56 SECTION 15.1. 44 Section 15.1 Governing Law 56 SECTION 15.2. 44 Section 15.2 Provisions In Conflict With with Law or Regulations. 57 SECTION 15.3. 44 Section 15.3 Construction 57 SECTION 15.4. 45 Section 15.4 Notices 57 SECTION 15.5. 45 Section 15.5 Counterparts 57 SECTION 15.6. 45 Section 15.6 Binding Nature of Trust Agreement 58 SECTION 15.7. 45 Section 15.7 No Legal Title to Trust Estate 58 SECTION 15.8. 45 Section 15.8 Creditors 58 SECTION 15.9. 45 Section 15.9 Integration 58 EXHIBIT A Certificate Of Trust Of World Monitor Trust II 60 WORLD MONITOR 45 FUTURES STRATEGIC TRUST II 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 II Futures Strategic Trust (“Trust Agreement”) is made and entered into as of the 1st day of October, 2004, 2004 by and among PREFERRED INVESTMENT SOLUTIONS CORP., Preferred Investment Solutions Corp. (formerly known as Kenmar Advisory Corp.), a Connecticut corporation (the “Managing Owner”), WILMINGTON TRUST COMPANYWilmington Trust Company, a Delaware banking company, as trustee (the “Trustee”), and the INTERESTHOLDERS Interestholders from time to time hereunder.

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 49 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 50 SECTION 10.1. Fiscal Year 50 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 55 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 58 SECTION 15.7. No Legal Title to Trust Estate 58 SECTION 15.8. Creditors 58 SECTION 15.9. Integration 58 EXHIBIT A Certificate Of Trust Of World Monitor Trust II 60 WORLD MONITOR TRUST II 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 II (“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.