Common use of Power of Attorney; Further Assurances Clause in Contracts

Power of Attorney; Further Assurances. In addition to the power of attorney granted to the Investment Adviser in Section 1 of this Agreement, the Trust hereby makes, constitutes and appoints the Investment Adviser, with full power of substitution, as its true and lawful agent and attorney-in-fact, with full power and authority in its name, place and stead, in accordance with the terms of this Agreement (a) to sign, execute, certify, swear to, acknowledge, deliver, file, receive and record any and all documents that the Investment Adviser reasonably deems necessary or appropriate in connection with its investment advisory duties under this Agreement and as required by the Investment Company Act; and (b) to (i) subject to any policies adopted by the Board with respect thereto, exercise in its discretion any voting or consent rights associated with any securities, instruments or obligations included in the Trust’s assets, (ii) execute proxies, waivers, consents and other instruments with respect to such securities, instruments or obligations, (iii) endorse, transfer or deliver such securities, instruments and obligations and (iv) participate in or consent (or decline to consent) to any modification, work-out, restructuring, bankruptcy proceeding, class action, plan of reorganization, merger, combination, consolidation, liquidation or similar plan or transaction with regard to such securities, instruments and obligations. To the extent permitted by applicable law, this grant of power of attorney is irrevocable and coupled with an interest, and it shall survive and not be affected by the subsequent dissolution or bankruptcy of the Trust; provided that this grant of power of attorney will expire, and the Investment Adviser will cease to have any power to act as the Trust’s attorney-in-fact, upon termination of this Agreement in accordance with its terms. The Trust shall execute and deliver to the Investment Adviser all such other powers of attorney, proxies, dividend and other orders, and all such instruments, as the Investment Adviser may reasonably request for the purpose of enabling the Investment Adviser to exercise the rights and powers that it is entitled to exercise pursuant to this Agreement. Each of the Investment Adviser and the Trust shall take such other actions, and furnish such certificates, opinions and other documents, as may be reasonably requested by the other party hereto in order to effectuate the purposes of this Agreement and to facilitate compliance with applicable laws and regulations and the terms of this Agreement.

Power of Attorney; Further Assurances. In addition to the power of attorney granted to the Investment Adviser in Section 1 of this Agreement, the Trust Fund hereby makes, constitutes and appoints the Investment Adviser, with full power of substitution, as its true and lawful agent and attorney-in-fact, with full power and authority in its name, place and stead, in accordance with the terms of this Agreement (a) to sign, execute, certify, swear to, acknowledge, deliver, file, receive and record any and all documents that which the Investment Adviser reasonably deems necessary or appropriate in connection with its investment advisory management duties under this Agreement and as required by the Investment Company Act; 1940 Act and (b) to (i) subject to any policies adopted by the Board with respect thereto, exercise in its discretion any voting or consent rights associated with any securities, instruments or obligations included in the TrustFund’s assets, (ii) execute proxies, waivers, consents and other instruments with respect to such securities, instruments or obligations, (iii) endorse, transfer or deliver such securities, instruments and obligations and (iv) participate in or consent (or decline to consent) to any modification, work-out, restructuring, bankruptcy proceeding, class action, plan of reorganization, merger, combination, consolidation, liquidation or similar plan or transaction with regard to such securities, instruments and obligations. To the extent permitted by applicable law, this grant of power of attorney is irrevocable and coupled with an interest, and it shall survive and not be affected by the subsequent dissolution or bankruptcy of the TrustFund; provided that this grant of power of attorney will expire, and the Investment Adviser will cease to have any power to act as the TrustFund’s attorney-in-fact, upon termination of this Agreement in accordance with its terms. The Trust Fund shall execute and deliver to the Investment Adviser all such other powers of attorney, proxies, dividend and other orders, and all such instruments, as the Investment Adviser may reasonably request for the purpose of enabling the Investment Adviser to exercise the rights and powers that which it is entitled to exercise pursuant to this Agreement. Each of the Investment Adviser and the Trust Fund shall take such other actions, and furnish such certificates, opinions and other documents, as may be reasonably requested by the other party hereto in order to effectuate the purposes of this Agreement and to facilitate compliance with applicable laws and regulations and the terms of this Agreement.

Power of Attorney; Further Assurances. In addition to the power of attorney granted to the Investment Adviser Manager in Section 1 of this Agreement, the Trust Company hereby makes, constitutes and appoints the Investment AdviserManager, with full power of substitution, as its true and lawful agent and attorney-in-fact, with full power and authority in its name, place and stead, in accordance with the terms of this Agreement to (a) to sign, execute, certify, swear to, acknowledge, deliver, file, receive and record any and all documents that the Investment Adviser Manager reasonably deems appropriate or necessary or appropriate in connection with its investment advisory the Investment Manager's powers and duties under this Agreement Agreement, the terms of the Principal Documents and as required by the Investment Company Act; Act and (b) to (i) subject to any policies adopted by the Board with respect thereto, exercise in its discretion any voting or consent rights associated with any securities, instruments or obligations included in the Trust’s assetsCompany's Assets, (ii) execute proxies, waivers, consents and other instruments with respect to such securities, instruments or obligations, (iii) endorse, transfer or deliver such securities, instruments and obligations and (iv) participate in or consent (or decline to consent) to any modification, work-out, restructuring, bankruptcy proceeding, class action, plan of reorganization, merger, combination, consolidation, liquidation or similar plan or transaction with regard to such securities, instruments and obligations. To the extent permitted by applicable law, this grant of The Investment Manager hereby accepts such appointment. The foregoing power of attorney is hereby declared to be irrevocable and a power coupled with an interest, and it shall survive and not be affected by the subsequent bankruptcy or insolvency or dissolution or bankruptcy of the TrustCompany; provided provided, however, that this grant of the foregoing power of attorney will shall expire, and the Investment Adviser will Manager shall cease to have any power to act as the Trust’s Company's attorney-in-fact, upon termination of this Agreement in accordance with its terms. The Trust Company shall execute and deliver to the Investment Adviser Manager, or cause to be executed and delivered to the Investment Manager, all such other powers of attorney, proxies, dividend and other orders, and all such instruments, instruments as the Investment Adviser Manager may reasonably request for the purpose of enabling the Investment Adviser Manager to exercise the rights and powers that which it is entitled to exercise pursuant to this Agreement. Each of the Investment Adviser and the Trust shall take such other actions, and furnish such certificates, opinions and other documents, as may be reasonably requested by the other party hereto in order to effectuate the purposes of this Agreement hereunder and to facilitate compliance with applicable laws and regulations and the terms of this AgreementApplicable Law.