Common use of Information; Statements and Reports Clause in Contracts

Information; Statements and Reports. (a) The Manager, at the expense of the Trust, shall provide the Trustee with periodic statements describing the Trust Property, and transactions involving the Trust Property, as follows: (i) at the end of each month in which a transaction has been effected in respect of the Trust Property; and (ii) at the end of each calendar quarter whether or not any transaction has been effected with respect to the Trust Property. (b) The Manager shall provide the Trustee with a report not less frequently than quarterly confirming compliance by the Trust with the Investment Guidelines. (c) The Manager shall provide the Trustee for its prior written consent draft copies of all agreements, literature, certificates, Disclosure Documents, continuous disclosure documents to be filed with Securities Authorities, advertisements, printed matter and other material which contain any reference to the Trustee or which relate to the functions being performed under the Trust Agreement or hereunder or which may affect the Trustee, except material which is circulated among or sent to employees, unitholders and correspondence in the ordinary course of business and which merely reflects in accurate terms, information contained in the then current Disclosure Documents. (d) The Manager will cause to be furnished to the Trustee from time to time, in addition to any other documents required to be furnished under the Trust Agreement or hereunder: (i) a copy of each of the Disclosure Documents for investment in Units; (ii) a copy of each continuous disclosure document relating to the Trust filed with, furnished or otherwise provided to, any Securities Authority under applicable Securities Legislation; (iii) on or before 90 days following December 31 of each year, a copy of the audited annual financial statement of the Trust, together with the report of the auditors thereon; and (iv) a Certificate of Authorized Signing Authorities specifying the names and titles of those persons authorized to give approvals, consents or directions on behalf of the Manager including specimen signatures of each such person. (e) The Manager shall provide the Trustee with notice of any action, inquiry or proceeding involving the Manager which is initiated by a Securities Authority having jurisdiction over the Manager’s investment management operations, unless such action, inquiry or proceeding is initiated in conjunction with correspondence and applications made in the ordinary course of maintaining such registrations in good standing and such action, inquiry or proceeding does not have an adverse material effect on the Trust, including the Manager’s ability to act as discretionary investment manager to the Trust Property. (f) The Manager shall provide, or cause to be provided to, the holders of the Units such information and reports as are required pursuant to the Trust Agreement.