SUBSCRIPTION AGREEMENT
September 14, 1998
T.O. XXXXXXXXXX TRUST
Two Bridgewater Road
Farmington, Connecticut 06032
Ladies and Gentlemen:
T.O. Xxxxxxxxxx Trust (the "Trust") proposes to issue and sell to the
public its shares of beneficial interest without par value (the "Shares")
pursuant to a registration statement on Form N-1A (the "Registration Statement")
filed with the Securities and Exchange Commission. The Trust currently consists
of one series namely, the T.O. Xxxxxxxxxx Sector Rotation Fund (the "Fund"). In
order to provide the Trust with a net worth of at least $100,000 as required by
Section 14 of the Investment Company Act of 1940, as amended, I hereby offer to
purchase 10,000 Shares of the Fund at a price of $10.00 per Share prior to the
effective date of the Registration Statement.
I will make payment for the Shares by delivery of a certified or
official bank check in the amount of $100,000 payable to the order of the Trust
or by wire transfer prior to the date specified by the Trust as the proposed
effective date of the Registration Statement.
I represent and warrant to the Trust that the Shares are being acquired
by me for investment and not with a view to the resale or further distribution
thereof and that I have no present intention to redeem the Shares.
The name T.O. Xxxxxxxxxx Trust is the designation of the Trustees under
the Declaration of Trust, dated June 2, 1998, as amended from time to time. The
Declaration of Trust has been filed with the Secretary of State of the
Commonwealth of Massachusetts. The obligations of the Trust are not personally
binding upon, nor shall resort be had to the private property of, any of the
Trustees, shareholders, officers, employees or agents of the Trust, but the
Trust's property only shall be bound.
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Please confirm that the foregoing correctly sets forth the agreement
with the Trust.
Very truly yours,
/s/ L. Xxxxxxx Xxxxx
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L. Xxxxxxx Xxxxx
Confirmed, as of the date first above written.
T.O. XXXXXXXXXX TRUST
By: /s/ Xxxxxx Xxxxxx, Jr.
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Xxxxxx Xxxxxx, Jr.
Chairman of the Board of
Trustees and President
