Common use of Crediting of Accounts Clause in Contracts

Crediting of Accounts. If the Custodian in its sole discretion credits an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of the Custodian’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of the Custodian’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) the Custodian is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation the Custodian is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, the Custodian shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Account, and to otherwise pursue recovery of any such amounts so credited from the Customer. Nothing herein or otherwise shall require the Custodian to make any advances or to credit any amounts until the Custodian’s actual receipt thereof. The Customer hereby grants a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to the Custodian of any advance or credit made by the Custodian (including charges related thereto) to such Account. SCHEDULE B Part I: List of Authorized Persons of the Manager and Administrator for all purposes Name, Organization and Title Signature Xxxx X. Xxxxxxxxx, Co-CEO /s/ Xxxx X. Xxxxxxxxx A. Xxxx Xxxxxxx, Co-CEO /s/ A. Xxxx Xxxxxxx Xxxxxx X. Xxxxxxx, Co-CEO /s/ Xxxxxx X. Xxxxxxx Xxxx X. Xxxxx, Treasurer /s/ Xxxx X. Xxxxx Xxxxxx X. Xxxxxxxxx /s/ Xxxxxx X. Xxxxxxxxx Xxxx Xxxxxx, Secretary /s/ Xxxx Xxxxxx Part II: List of Authorized Persons of the Manager and Administrator solely for purposes of providing the approval of Customer for the payment of expenses and the transfers of funds to other accounts of the Customer. Name, Organization and Title Signature Xxxx Xxxxx /s/ Xxxx Xxxxx Xxx Xxxxxxx /s/ Xxx Xxxxxxx Xxxxx Xxxxx /s/ Xxxxx Xxxxx Xxxxxx Xxxxxxxxxx /s/ Xxxxxx Xxxxxxxxxx Xxxx Xxxxxxxxxx /s/ Xxxx Xxxxxxxxxx Xxxxxxx Xxxxxxxx /s/ Xxxxxxx Xxxxxxxx The Custodian acknowledges and agrees that that those persons employed by the Administrator and listed in this Schedule B shall only be permitted to have access to information of the Customer for purposes of paying Customer-related expenses due and payable to the Custodian under this Agreement. SCHEDULE C USE OF JPMORGAN ACCESS JPMorgan Access is accessible through open networks such as the internet. The Customer acknowledges that there are certain security, corruption, transmission error and access availability risks associated with using such networks, and the Customer hereby expressly assumes such risks. The Customer shall make its own independent assessment of the adequacy of the internet and of the security procedures made available by the Custodian. The Customer acknowledges and agrees that the selection and use by it of third party security and communications software and third party service providers is the sole responsibility of the Customer, and the Custodian disclaims all risks related thereto, notwithstanding that the Custodian may recommend certain security and/or communications software packages. All such software must be interoperable with the Custodian’s software. Each of the Customer and the Custodian shall be responsible for the proper functioning, maintenance and security of its own systems, services, software and other equipment.

Crediting of Accounts. If the Custodian in its sole discretion credits an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of the Custodian’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of the Custodian’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) the Custodian is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation the Custodian is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, the Custodian shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Account, and to otherwise pursue recovery of any such amounts so credited from the Customer. Nothing herein or otherwise shall require the Custodian to make any advances or to credit any amounts until the Custodian’s actual receipt thereof. The Customer hereby grants a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to the Custodian of any advance or credit made by the Custodian (including charges related thereto) to such Account. SCHEDULE B Part I: List of Authorized Persons of the Manager and Administrator for all purposes Name, Organization and Title Signature Xxxx Jxxx X. Xxxxxxxxx, Co-CEO /s/ Xxxx X. Xxxxxxxxx A. Xxxx Hxxx Xxxxxxx, Co-CEO /s/ A. Xxxx Xxxxxxx Xxxxxx Axxxxx X. Xxxxxxx, Co-CEO /s/ Xxxxxx X. Xxxxxxx Xxxx Jxxx X. Xxxxx, Treasurer /s/ Xxxx Jxxxxx X. Xxxxx Xxxxxx X. Xxxxxxxxx /s/ Xxxxxx X. Xxxxxxxxx Xxxx XxxxxxXxxxxxxxx, Secretary /s/ Xxxx Xxxxxx Part II: List of Authorized Persons of the Manager and Administrator solely for purposes of providing the approval of Customer for the payment of expenses and the transfers of funds to other accounts of the Customer. Name, Organization and Title Signature Xxxx Txxx Xxxxx /s/ Xxxx Rxx Xxxxxxx Kxxxx Xxxxx Xxx Xxxxxxx /s/ Xxx Xxxxxxx Xxxxx Xxxxx /s/ Xxxxx Xxxxx Xxxxxx Txxxxx Xxxxxxxxxx /s/ Xxxxxx Jxxx Xxxxxxxxxx Xxxx Xxxxxxxxxx /s/ Xxxx Xxxxxxxxxx Xxxxxxx Xxxxxxxx /s/ Xxxxxxx Mxxxxxx Xxxxxxxx The Custodian acknowledges and agrees that that those persons employed by the Administrator and listed in this Schedule B shall only be permitted to have access to information of the Customer for purposes of paying Customer-related expenses due and payable to the Custodian under this Agreement. SCHEDULE C USE OF JPMORGAN ACCESS JPMorgan Access is accessible through open networks such as the internet. The Customer acknowledges that there are certain security, corruption, transmission error and access availability risks associated with using such networks, and the Customer hereby expressly assumes such risks. The Customer shall make its own independent assessment of the adequacy of the internet and of the security procedures made available by the Custodian. The Customer acknowledges and agrees that the selection and use by it of third party security and communications software and third party service providers is the sole responsibility of the Customer, and the Custodian disclaims all risks related thereto, notwithstanding that the Custodian may recommend certain security and/or communications software packages. All such software must be interoperable with the Custodian’s software. Each of the Customer and the Custodian shall be responsible for the proper functioning, maintenance and security of its own systems, services, software and other equipment.

Crediting of Accounts. If the Custodian Bank in its sole discretion credits an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of the CustodianBank’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of the CustodianBank’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) the Custodian Bank is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation the Custodian Bank is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, the Custodian Bank shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Account, and to otherwise pursue recovery of any such amounts so credited from the Customer. Nothing herein or otherwise shall require the Custodian Bank to make any advances or to credit any amounts until the CustodianBank’s actual receipt thereof. The Customer hereby grants a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to the Custodian Bank of any advance or credit made by the Custodian Bank (including charges related thereto) to such Account. A-8 SCHEDULE B Part I: List of Authorized Persons Name Title Signature _______________________ _______________________ ________________________ _______________________ _______________________ ________________________ _______________________ _______________________ ________________________ B-1 EXHIBIT 1 Addendum to Subscription Agreement for Investment by [Fund of Funds] in [Hedge Fund] J.X. Xxxxxx Trust Company, National Association (“JPM”) is executing the subscription agreement to which this Addendum is attached by executing this Addendum. This Addendum confirms JPM will act as custodian for [Fund of Funds] (“Investor”), in connection with its investment in [name of Underlying Fund] (“Fund”). JPM is acting solely as custodian in connection with the Investor’s investment in the Fund and holding of Interests. JPM does not exercise any investment responsibility or authority for the Investor, and can act in connection with the assets of the Manager and Administrator for all purposes Name, Organization and Title Signature Xxxx X. Xxxxxxxxx, Co-CEO /s/ Xxxx X. Xxxxxxxxx A. Xxxx Xxxxxxx, Co-CEO /s/ A. Xxxx Xxxxxxx Xxxxxx X. Xxxxxxx, Co-CEO /s/ Xxxxxx X. Xxxxxxx Xxxx X. Xxxxx, Treasurer /s/ Xxxx X. Xxxxx Xxxxxx X. Xxxxxxxxx /s/ Xxxxxx X. Xxxxxxxxx Xxxx Xxxxxx, Secretary /s/ Xxxx Xxxxxx Part II: List of Authorized Persons Investor only at the direction of the Manager Investor, and Administrator solely for purposes only through authorized representatives of providing the approval of Customer Investor. JPM receives a fee to provide its services as custodian, but has no economic interest in the Fund. Please be advised that: (i) JPM is not the owner of, has no beneficial ownership interest in, and has no liability for the payment of for any obligations or liabilities relating to the Interests; (ii) JPM will not be and is not liable to you, the Fund, the Fund’s investors or any other person or entity for any damages, costs, liabilities or expenses and the transfers of funds to other accounts arising out of the Customerinvestment by Investor in the Fund, or in connection with the Interests; (iii) JPM has not made, is not responsible for, and in no way confirms, guarantees or supports any representations, warranties, covenants or similar assertions (collectively, “Representations”) made by Investor to the Fund or any other person or entity in connection with Investor’s investment in the Fund and purchase or purchases of Interests (including without limitation all Representations in any Subscription Agreement). Name, Organization and Title Signature Xxxx Xxxxx /s/ Xxxx Xxxxx Xxx Xxxxxxx /s/ Xxx Xxxxxxx Xxxxx Xxxxx /s/ Xxxxx Xxxxx Xxxxxx Xxxxxxxxxx /s/ Xxxxxx Xxxxxxxxxx Xxxx Xxxxxxxxxx /s/ Xxxx Xxxxxxxxxx Xxxxxxx Xxxxxxxx /s/ Xxxxxxx Xxxxxxxx The Custodian acknowledges and agrees that that those persons employed Representations in any Subscription Agreement are made by the Administrator and listed in this Schedule B shall only Investor; (iv) Notwithstanding anything else to the contrary, JPM will not be permitted deemed to have access to information received any Distribution or other asset of the Customer for purposes Investor until that Distribution or other asset has in fact been received by JPM at the address and in the manner directed above; and (v) Without limiting any of paying Customer-related expenses due and payable the foregoing, JPM makes no representations to the Custodian Fund or any other person or entity regarding the Investor’s qualifications to invest in the Fund, the Investor’s status under this Agreement. SCHEDULE C USE OF JPMORGAN ACCESS JPMorgan Access is accessible through open networks such as any anti-money laundering or similar statutes, the internet. The Customer acknowledges that there are certain security, corruption, transmission error and access availability risks associated with using such networks, and the Customer hereby expressly assumes such risks. The Customer shall make its own independent assessment of the adequacy of the internet and of the security procedures made available by the Custodian. The Customer acknowledges and agrees that the selection and use by it of third party security and communications software and third party service providers is the sole responsibility of the Customer, and the Custodian disclaims all risks related thereto, notwithstanding that the Custodian may recommend certain security and/or communications software packages. All such software must be interoperable with the Custodian’s software. Each of the Customer and the Custodian shall be responsible for the proper functioning, maintenance and security of its own systems, services, software and other equipment.E-1