Common use of Fund Property Clause in Contracts

Fund Property. 14.1 The aggregate proceeds of all Units issued from time to time after deducting Duties and Charges and after deducting there from or providing there out any applicable Front-end Load and adding thereto any redemption charges in the form of Back-end Load, shall constitute part of the Fund Property and includes the investment and all income, profit and other benefits arising there from and all cash, bank balances and other assets and property of every description for the time being held or deemed to be held upon trust by the Trustee for the benefit of the Unit Holder(s) pursuant to this Deed. 14.2 The Fund Property shall initially be constituted out of the proceeds of the Units issued to the Core Investors and other Units issued during the Initial Period after deducting any applicable Duties and Charges there from or any Front-end Load as provided in the Offering Document. 14.3 The Trustee shall take the Fund Property into its custody or under its control either directly or through the Custodian and hold it in trust for the benefit of the Holders ranking pari passu inter se, according to the number of Units held by each Holder(s) in accordance with the provisions of the Regulations and this Deed. The Fund Property shall always be kept as a separate property and shall not be applied to any purpose unconnected with the Scheme such as to make a loan or advance. All registerable Investment shall be registered in the name of the Trustee and shall remain so registered until disposed off or transferred to new trustee pursuant to the provisions of this Deed. All expenses incurred by Trustee in effecting such registration shall be payable out of the Fund Property. 14.4 Save, as herein expressly provided, the Fund Property shall always be kept as separate property free from any mortgages, charges, liens or any other encumbrances whatsoever and the Trustee or the Custodian shall not except as allowed under the Regulations create any mortgages, charges, liens or any other encumbrances whatsoever to secure any loan, guarantee, or any other obligation actual or contingent incurred, assumed or undertaken by the Trustee, the Custodian or any other person except for securing finances obtained from Banks or institutions upon the direction of the Management Company for redemption of Units and subject to the limitations contained in the Regulations. 14.5 The Trustee shall have the sole responsibility for the safe-keeping of the Fund Property in its own name for the benefit of the Trust. Subject to the provisions of Clause 11.3, in the event of any loss due to negligence or willful act and/or omission on part of the Trustee, the Trustee shall have an obligation to replace the lost Investment forthwith with similar investment of the same class and issue together with all rights and privileges pertaining thereto or compensate the Trust to the extent of any such loss. However the Trustee shall not be under any liability therefore or thereby and it shall not incur any liability by reason of any error of law or any matter or thing done or suffered or omitted to be done in good faith hereunder. 14.6 All cash forming part of the Fund Property shall be deposited by the Trustee in separate Bank Account(s) on the instructions of the Management Company, in the name of the Trustee with a scheduled commercial Bank approved by the Management Company, having at least AA rating, as per criteria laid down by a credit rating agency approved by SECP. The scheduled commercial Bank shall be required to allow profit thereon in accordance with the rules prescribed by the Bank for sharing of profits or mark-up on deposits maintained in such account or under any other arrangement approved by the Management Company. 14.7 All interest, income or profit, etc. earned in the Distribution Account(s), including those accruing on unclaimed dividends, shall form part of the Fund Property for the benefit of the Unit Holders and shall be transferred periodically from the Distribution Account(s) to the main scheduled commercial Bank Account of the Trust.

Fund Property. 14.1 The aggregate proceeds of all Units issued from time to time after deducting Duties and Charges and after deducting there from or providing there out any applicable Front-end Load and adding thereto any redemption charges in the form of Back-end Load, shall constitute part of the Fund Property and includes the investment and all income, profit and other benefits arising there from and all cash, bank balances and other assets and property of every description for the time being held or deemed to be held upon trust by the Trustee for the benefit of the Unit Holder(s) pursuant to this Deed. 14.2 13.4.1 The Fund Property shall initially be constituted out of the proceeds of the Units Certificates subscribed by the Investment Advisor, the proceeds of the Certificates issued to the Core Investors Pre-IPO investors and other Units the proceeds of the Certificates issued during to the general public pursuant to the Initial Period Public Offering, those Certificates subscribed by the Underwriters or the investors procured by the Underwriters and those Certificates subscribed by the General Public through a Green Shoe Option (if any) in case of over subscription of its Initial Public Offering. These shall all become part of the Fund Property, after deducting any applicable Duties and Charges there from or any Front-end Load as provided in the Offering DocumentCharges. 14.3 13.4.2 The Trustee shall take the Fund Property into its custody or under its control control, either directly or through the Custodian and hold it in trust for the benefit of the Certificate Holders ranking pari passu inter se, according to the number of Units held by each Holder(s) in accordance with the provisions of the Regulations Rules and this Deed. The Fund Property shall always be kept as a separate property and shall not be applied to any purpose unconnected with the Scheme such as to make a loan or advanceFund. All registerable Investment Investments shall be registered in the name of the Trustee and shall remain so registered until disposed off or transferred to new trustee of pursuant to the provisions of this Deed. All expenses incurred by the Trustee in effecting such registration shall be payable out of the Fund Property. 14.4 13.4.3 Save, as herein expressly provided, the Fund Property shall always be kept as separate property free from any mortgages, charges, liens or any other encumbrances whatsoever and the Trustee Trustee, the Investment Advisor, or the Custodian shall not not, except as allowed under for the Regulations purpose of the Fund, create or purport to create any mortgages, charges, liens or any other encumbrances whatsoever to secure any loan, guarantee, or any other obligation obligation, actual or contingent incurred, assumed or undertaken by the Trustee, the Investment Advisor, or the Custodian or any other person except for securing finances obtained from Banks or institutions upon the direction of the Management Company for redemption of Units and person, subject to the limitations contained in the RegulationsRules. 14.5 13.4.4 The Trustee shall have the sole responsibility for the safe-keeping safekeeping of the Fund Property in its own name for the benefit of the TrustProperty. Subject to the provisions of Clause 11.3, in In the event of any loss due to loss, caused through negligence or willful act and/or omission on the part of the Trustee, the Trustee shall have an obligation to replace the lost Investment forthwith with similar investment of the same class and issue together with all rights and privileges pertaining thereto or compensate the Trust to the extent of any such loss. However the Trustee shall not be under any liability therefore or thereby and it shall not incur any liability by reason of any error of law or any matter or thing done or suffered or omitted to be done in good faith hereunder. 14.6 All cash forming part of the Fund Property shall be deposited by the Trustee in separate Bank Account(s) on the instructions of the Management Company, in the name of the Trustee with a scheduled commercial Bank approved by the Management Company, having at least AA rating, as per criteria laid down by a credit rating agency approved by SECP. The scheduled commercial Bank shall be required to allow profit thereon in accordance with the rules prescribed by the Bank for sharing of profits or mark-up on deposits maintained in such account or under any other arrangement approved by the Management Company. 14.7 All interest, income or profit, etc. earned in the Distribution Account(s), including those accruing on unclaimed dividends, shall form part of the Fund Property for the benefit of the Unit Holders and shall be transferred periodically from the Distribution Account(s) to the main scheduled commercial Bank Account of the Trust.

Fund Property. 14.1 The aggregate proceeds of all Units issued from time to time after deducting Duties and Charges and after deducting there from or providing there out any applicable Front-end Load and adding thereto any redemption charges in the form of Back-end Load, shall constitute part of the Fund Property and includes the investment and all income, profit and other benefits arising there from and all cash, bank balances and other assets and property of every description for the time being held or deemed to be held upon trust by the Trustee for the benefit of the Unit Holder(s) pursuant to this Deed. 14.2 13.4.1 The Fund Property shall initially be constituted out of the proceeds of the Units Certificates subscribed by the Investment Adviser, the proceeds of the Certificates issued to the Core Investors and other Units issued during investors at the time of the Initial Period Offer and the proceeds of the Certificates issued to the general public pursuant to the Public Offering, including those subscribed by the Underwriters or the investors procured by the Underwriters, which shall all become part of the Fund Property, after deducting any applicable Duties and Charges there from or any Front-end Load as provided in the Offering DocumentCharges. 14.3 13.4.2 The Trustee shall take the Fund Property into its custody or under its control control, either directly or through the Custodian and hold it in trust for the benefit of the Certificate Holders ranking pari passu inter se, according to the number of Units held by each Holder(s) in accordance with the provisions of the Regulations Rules and this Deed. The Fund Property shall always be kept as a separate property and shall not be applied to any purpose unconnected with the Scheme such as to make a loan or advanceFund. All registerable Investment Investments shall be registered in the name of the Trustee and shall remain so registered until disposed off or transferred to new trustee of pursuant to the provisions of this Deed. All expenses incurred by the Trustee in effecting such registration shall be payable out of the Fund Property. 14.4 13.4.3 Save, as herein expressly provided, the Fund Property shall always be kept as separate property free from any mortgages, charges, liens or any other encumbrances whatsoever and the Trustee Trustee, the Investment Adviser, or the Custodian shall not not, except as allowed under for the Regulations purpose of the Fund, create or purport to create any mortgages, charges, liens or any other encumbrances whatsoever to secure any loan, guarantee, or any other obligation obligation, actual or contingent incurred, assumed or undertaken by the Trustee, the Investment Adviser, or the Custodian or any other person except for securing finances obtained from Banks or institutions upon the direction of the Management Company for redemption of Units and subject to the limitations contained in the Regulationsperson. 14.5 13.4.4 The Trustee shall have the sole responsibility for the safe-keeping safekeeping of the Fund Property in its own name for the benefit of the TrustProperty. Subject to the provisions of Clause 11.3, in In the event of any loss due to loss, caused through negligence or willful act and/or omission on the part of the Trustee, the Trustee shall have an obligation to replace the lost Investment forthwith with similar investment of the same class and issue together with all rights and privileges pertaining thereto or compensate the Trust to the extent of any such loss. However the Trustee shall not be under any liability therefore or thereby and it shall not incur any liability by reason of any error of law or any matter or thing done or suffered or omitted to be done in good faith hereunder. 14.6 All cash forming part of the Fund Property shall be deposited by the Trustee in separate Bank Account(s) on the instructions of the Management Company, in the name of the Trustee with a scheduled commercial Bank approved by the Management Company, having at least AA rating, as per criteria laid down by a credit rating agency approved by SECP. The scheduled commercial Bank shall be required to allow profit thereon in accordance with the rules prescribed by the Bank for sharing of profits or mark-up on deposits maintained in such account or under any other arrangement approved by the Management Company. 14.7 All interest, income or profit, etc. earned in the Distribution Account(s), including those accruing on unclaimed dividends, shall form part of the Fund Property for the benefit of the Unit Holders and shall be transferred periodically from the Distribution Account(s) to the main scheduled commercial Bank Account of the Trust.