Common use of CHARGEBACKS TO CURRENT OR FORMER INVESTORS Clause in Contracts

CHARGEBACKS TO CURRENT OR FORMER INVESTORS. Each Investor, by subscribing for Units, agrees to repay, despite the fact that such Investor no longer remains an Investor, to this FuturesAccess Fund any amount (including interest at the rate set by the Sponsor in good faith from the date of any payment of redemption or distribution proceeds to such Investor by this FuturesAccess Fund) which the Sponsor may reasonably determine to be due to this FuturesAccess Fund from such Investor as a result, for example, of any claims arising (prior or subsequent to such Investor's withdrawal from this FuturesAccess Fund) relating to events or circumstances (whether known or unknown at the time of such Investor's withdrawal) in existence while such Investor was an Investor or, subject to the following paragraph, in the event that the Net Asset Value per Unit (of any Class) at which such Investor was permitted to redeem is later determined to have been overstated or otherwise miscalculated due to circumstances (whether known or unknown at the time of such Investor's redemption) in existence as of the date of redemption. In no event shall any provision of this Section 2.08 require an Investor to repay to this FuturesAccess Fund any amounts in excess of the redemption proceeds received by such Investor from, or the amounts distributed to such Investor by, this FuturesAccess Fund, plus interest thereon as provided above. In the event that the Sponsor determines that an amount paid by this FuturesAccess Fund to a withdrawn or continuing Investor was less or more than the amount which such Investor was, in fact, entitled to receive, the Sponsor shall not (unless the Sponsor otherwise determines) attempt to make appropriate adjusting payments to, or formally request appropriate adjusting payments from, such withdrawn Investor or make retroactive adjustments to such continuing Investor's Units in order to reflect such discrepancy, but rather shall reflect such adjustments in the Accounting Period in which they become known.

CHARGEBACKS TO CURRENT OR FORMER INVESTORS. Each InvestorMember, by subscribing for Units, agrees to repay, despite the fact that such Investor Member no longer remains an Investora Member, to this FuturesAccess the Fund any amount (including interest at the rate set by the Sponsor Manager in good faith from the date of any payment of redemption or distribution proceeds to such Investor Member by this FuturesAccess the Fund) which the Sponsor Manager may reasonably determine to be due to this FuturesAccess the Fund from such Investor Member as a result, for example, of any claims arising (prior or subsequent to such Investor's Member’s withdrawal from this FuturesAccess the Fund) relating to events or circumstances (whether known or unknown at the time of such Investor's Member’s withdrawal) in existence while such Investor Member was an Investor a Member or, subject to the following paragraph, in the event that the Net Asset Value per Unit (of any Class) at which such Investor Member was permitted to redeem is later determined to have been overstated or otherwise miscalculated due to circumstances (whether known or unknown at the time of such Investor's Member’s redemption) in existence as of the date of redemptionredemption (either of the level of the Fund or at that of one of the Underlying Funds in which it invests). In no event shall any provision of this Section 2.08 require an Investor a Member to repay to this FuturesAccess the Fund any amounts in excess of the redemption proceeds received by such Investor Member from, or the amounts distributed to such Investor Member by, this FuturesAccess the Fund, plus interest thereon as provided above. In the event that the Sponsor Manager determines that an amount paid by this FuturesAccess the Fund to a withdrawn or continuing Investor Member was less or more than the amount which such Investor Member was, in fact, entitled to receive, the Sponsor Manager shall not (unless the Sponsor Manager otherwise determines) attempt to make appropriate adjusting payments to, or formally request appropriate adjusting payments from, such withdrawn Investor Member or make retroactive adjustments to such continuing Investor's Member’s Units in order to reflect such discrepancy, but rather shall reflect such adjustments in the Accounting Period in which they become known.

CHARGEBACKS TO CURRENT OR FORMER INVESTORS. Each Investor, by subscribing for Units, agrees to repay, despite the fact that such Investor no longer remains an Investor, to this Systematic Momentum FuturesAccess Fund any amount (including interest at the rate set by the Sponsor in good faith from the date of any payment of redemption or distribution proceeds to such Investor by this FuturesAccess FundSystematic Momentum FuturesAccess) which the Sponsor may reasonably determine to be due to this Systematic Momentum FuturesAccess Fund from such Investor as a result, for example, of any claims arising (prior or subsequent to such Investor's withdrawal from this FuturesAccess FundSystematic Momentum FuturesAccess) relating to events or circumstances (whether known or unknown at the time of such Investor's withdrawal) in existence while such Investor was an Investor or, subject to the following paragraph, in the event that the Net Asset Value per Unit (of any Class) at which such Investor was permitted to redeem is later determined to have been overstated or otherwise miscalculated due to circumstances (whether known or unknown at the time of such Investor's redemption) in existence as of the date of redemptionredemption (either of the level of Systematic Momentum FuturesAccess or at that of one of the underlying FuturesAccess Fund in which it invest. In no event shall any provision of this Section 2.08 require an Investor to repay to this Systematic Momentum FuturesAccess Fund any amounts in excess of the redemption proceeds received by such Investor from, or the amounts distributed to such Investor by, this FuturesAccess FundSystematic Momentum FuturesAccess, plus interest thereon as provided above. In the event that the Sponsor determines that an amount paid by this Systematic Momentum FuturesAccess Fund to a withdrawn or continuing Investor was less or more than the amount which such Investor was, in fact, entitled to receive, the Sponsor shall not (unless the Sponsor otherwise determines) attempt to make appropriate adjusting payments to, or formally request appropriate adjusting payments from, such withdrawn Investor or make retroactive adjustments to such continuing Investor's Units in order to reflect such discrepancy, but rather shall reflect such adjustments in the Accounting Period in which they become known.

CHARGEBACKS TO CURRENT OR FORMER INVESTORS. Each InvestorMember, by subscribing for Units, agrees to repay, despite the fact that such Investor Member no longer remains an Investora Member, to this FuturesAccess the Fund any amount (including interest at the rate set by the Sponsor Manager in good faith from the date of any payment of redemption or distribution proceeds to such Investor Member by this FuturesAccess the Fund) which the Sponsor Manager may reasonably determine to be due to this FuturesAccess the Fund from such Investor Member as a result, for example, of any claims arising (prior or subsequent to such InvestorMember's withdrawal from this FuturesAccess the Fund) relating to events or circumstances (whether known or unknown at the time of such InvestorMember's withdrawal) in existence while such Investor Member was an Investor a Member or, subject to the following paragraph, in the event that the Net Asset Value per Unit (of any Class) at which such Investor Member was permitted to redeem is later determined to have been overstated or otherwise miscalculated due to circumstances (whether known or unknown at the time of such InvestorMember's redemption) in existence as of the date of redemptionredemption (either of the level of the Fund or at that of one of the Underlying Funds in which it invests). In no event shall any provision of this Section 2.08 require an Investor a Member to repay to this FuturesAccess the Fund any amounts in excess of the redemption proceeds received by such Investor Member from, or the amounts distributed to such Investor Member by, this FuturesAccess the Fund, plus interest thereon as provided above. In the event that the Sponsor Manager determines that an amount paid by this FuturesAccess the Fund to a withdrawn or continuing Investor Member was less or more than the amount which such Investor Member was, in fact, entitled to receive, the Sponsor Manager shall not (unless the Sponsor Manager otherwise determines) attempt to make appropriate adjusting payments to, or formally request appropriate adjusting payments from, such withdrawn Investor Member or make retroactive adjustments to such continuing InvestorMember's Units in order to reflect such discrepancy, but rather shall reflect such adjustments in the Accounting Period in which they become known.