SUCH AFFILIATES, OR THEIR RESPECTIVE
SUCCESSORS OR ASSIGNS SHALL USE, PUBLISH, CIRCULATE OR DISTRIBUTE THE MEMORANDUM
(INCLUDING ANY AMENDMENT OR SUPPLEMENT THERETO) OR ANY RELATED SOLICITATION
MATERIAL NOR SHALL ANY OF THE FOREGOING ENGAGE IN ANY MARKETING, SALES OR
PROMOTIONAL ACTIVITIES IN CONNECTION WITH THE OFFERING OF UNITS, EXCEPT AS MAY
BE REQUESTED BY THE MANAGER AND AGREED TO BY THE TRADING ADVISOR.
(D)
UPDATED PERFORMANCE INFORMATION.
AT ANY TIME WHILE UNITS CONTINUE
TO BE OFFERED AND SOLD, AT THE WRITTEN REQUEST OF THE FUND OR THE MANAGER, THE
TRADING ADVISOR, AT ITS OWN EXPENSE, SHALL PROMPTLY PROVIDE THE FUND AND THE
MANAGER WITH COMPLETE AND ACCURATE PERFORMANCE INFORMATION (IN FORM AND
SUBSTANCE CONSISTENT WITH SECTION 4.35 OF THE COMMODITY REGULATIONS AND THE NFA
RULES) REFLECTING THE ACTUAL PERFORMANCE OF THE ACCOUNTS DIRECTED BY THE TRADING
ADVISOR PURSUANT TO THE PROGRAM (AS DEFINED BELOW) UP TO THE LATEST PRACTICABLE
DATE (CONSISTENT WITH SECTION 4.35 OF THE COMMODITY REGULATIONS) PRIOR TO THE
DATE OF THE MEMORANDUM AS AMENDED OR SUPPLEMENTED, TOGETHER WITH ANY REPORTS OR
LETTERS RELATING TO SUCH PERFORMANCE DATA RECEIVED FROM ACCOUNTANTS AND IN THE
POSSESSION OF THE TRADING ADVISOR.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
HEREIN, THE TRADING ADVISOR SHALL NOT BE REQUIRED TO PROVIDE SUCH INFORMATION
MORE FREQUENTLY THAN MONTHLY.
(E)
ACCESS TO BOOKS AND RECORDS.
UPON REASONABLE NOTICE TO THE
TRADING ADVISOR, THE COMPANY OR THE MANAGER SHALL HAVE THE RIGHT TO HAVE ACCESS
TO THE TRADING ADVISOR'S OFFICES IN ORDER TO INSPECT AND COPY SUCH BOOKS AND
RECORDS DURING NORMAL BUSINESS
2
HOURS AS MAY ENABLE THEM TO VERIFY THE ACCURACY AND COMPLETENESS OF OR TO
SUPPLEMENT AS NECESSARY THE DATA FURNISHED BY THE TRADING ADVISOR PURSUANT TO
SECTION L(D) OF THIS AGREEMENT OR TO VERIFY COMPLIANCE WITH THE TERMS OF THIS
AGREEMENT (SUBJECT TO SUCH RESTRICTIONS AS THE TRADING ADVISOR MAY REASONABLY
DEEM NECESSARY OR ADVISABLE SO AS TO PRESERVE THE CONFIDENTIALITY OF PROPRIETARY
INFORMATION CONCERNING SUCH TRADING SYSTEMS, METHODS, MODELS, STRATEGIES AND
FORMULAS AND OF THE IDENTITY OF THE TRADING ADVISOR'S CLIENTS).
(F)
TRADING LEVEL.
THE COMPANY OR THE MANAGER SHALL SELECT A TRADING
LEVEL FOR THE COMPANY (THE "TRADING LEVEL").
SUCH TRADING LEVEL CAN BE THE
INITIAL ACTUAL CASH AND CASH EQUIVALENTS CONTRIBUTED TO THE COMPANY OR IT CAN
INCLUDE A "NOTIONAL" AMOUNT IN EXCESS OF THE ACTUAL ASSETS.
THE COMPANY OR THE
MANAGER AGREES TO NOTIFY THE TRADING ADVISOR OF ANY INTENT TO INCREASE OR
DECREASE THE TRADING LEVEL OF THE COMPANY AND THE MANAGER AGREES THAT IT WILL
OBTAIN PRIOR APPROVAL FROM THE TRADING ADVISOR TO INCREASE THE TRADING LEVEL OF
THE COMPANY.
THE TRADING ADVISOR MAY WITHHOLD SUCH APPROVAL IN ITS SOLE
DISCRETION.
ANY PROFIT OR LOSS IN THE COMPANY SHALL BE REINVESTED IN THE
COMPANY FOR TRADING LEVEL PURPOSES.
THE COMPANY OR THE MANAGER AGREES THAT THE
TRADING LEVEL OF THE COMPANY SHALL BE MAINTAINED IN EVEN MILLION DOLLAR
INCREMENTS.
(G)
ERROR POLICY.
WHEN AN ERROR IS DISCOVERED, THE TRADING ADVISOR
WILL TAKE ACTION TO CORRECT THE ERROR