- 23 -
otherwise, listed and unlisted capital stock,
preorganization certificates and subscriptions, warrants,
bonds, notes, debentures whether subordinated, convertible
or otherwise, trust receipts, bankers’ acceptances,
government obligations and other obligations, choses in
action, instruments or evidences of indebtedness by
whomsoever issued, and other securities of whatever kind or
nature of any person, corporation, government or entity
whatsoever, whether readily marketable or not, and such
rights or options relating thereto including put and call
options written by * * * [INC] on behalf of * * * [LTD] or
by others (all such items being referred to herein as
securities), and to sell such securities short and cover
such sales;
(b) to purchase, hold, sell, transfer, exchange,
mortgage, pledge and otherwise act to acquire and dispose of
and exercise all rights, powers, privileges, and other
incidents of ownership or possession with respect to
securities held on behalf of * * * [LTD] or its clients,
with the objective of the preservation, protection and
increase in value thereof;
(c) to purchase securities for investment and to make
such representations to the seller of such securities, and
to other persons, that * * * [INC] may deem proper in such
circumstances, including the representation that such
securities are purchased by * * * [LTD] or its clients for
investment and not with a view to their sale or other
dispositions;
(d) to lend any of the properties which are from time
to time held by * * * [LTD] on behalf of its clients; and
(e) to open, maintain, conduct and close accounts,
including margin accounts, with any broker, dealer or
investment concern at which * * * [LTD] maintains an account
on behalf of its clients with respect to the disposition and
application of monies or securities of * * * [LTD] or its
clients and from time to time held by such broker, dealer or
investment concern.
Paragraph 5 of the Agreement provides that INC agrees
to maintain all books and records relating to the accounting
for transactions executed by * * * [INC] in accordance with
paragraph 4. Such accounting services shall include,
without limitation, the following:
(a) maintaining documentation and records relating to
the purchase, sale and settlement of portfolio securities,
including an investment ledger and a dealer ledger;
Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: May 25, 2011