Acknowledgements and Declarations
By signing below I/we hereby declare that I/we:
- Apply to be a Unit holder in the Defender Credit Fund (Fund) on the basis of this Application Form confirm that I/we have received, read and understood the Information Memorandum;
- Confirm that I/we have received or have had a reasonable opportunity to receive, a copy of the trust deed (Trust Deed) for the Fund;
- Agree to be bound by the provisions of the Trust Deed (as amended from time to time);
- Agree that the information contained in the Information Memorandum or the Trust Deed is not to be construed or implied as personal advice or a recommendation that the Fund is suitable for me/us;
- Acknowledge and agree that none of DCF Management Pty Ltd or Defender Credit Fund Pty Ltd (collectively, Defender), their subsidiaries and their respective associates and directors assure or guarantee the performance of any specific investment offered in or through the Fund, any particular rate of return from, or any repayment of capital invested in or through the Fund or any assured credit rating or degree of investment risk, whether by the Information Memorandum or other offer or disclosure document, term or rate sheet, circular or memorandum or presentation or other marketing material or apparent representation about the Fund by any of them, written or not;
- Acknowledge and agree that investments in Units in the Fund are not deposits with, investments in or other liabilities of Defender or of any of its related entities and are subject to investment risks, including possible delays in payment and the loss of income and principal invested;
- Acknowledge that the Information Memorandum is a limited disclosure document and cannot and does not set out all foreseeable or other risks of investing in the Fund;
- Agree that Defender (and its related entities) may collect, retain, store, use and disclose information about me/us and, if applicable, my/our directors, officers, agents and representatives for the purposes of managing this Application and then for administering my/our investment in the Fund;
- Acknowledge that the assets of the Fund will be held by one or more external asset holders from time to time and the custodian and external asset holders may later be changed without prior notice to me;
- Defender and its nominees, agents and directors and employees may contact me, including for sending notices, statements and report, by email or by other electronic means
- Have the legal capacity to invest and I/we are over the age of 18 years;
- Agree that if this application is made as a joint application, our investment is as joint tenants and this cannot be changed except pursuant to the Trust Deed;
- Declare that I am/we are not commonly known by any other names different from those disclosed in this Application Form;
- Declare that any documents or information of whatever kind or format which I/we have provided or will provide after this Application Form for verification purposes in support of my/our application are complete and correct and not misleading by any contents or any omission of any content or any other document;
- Acknowledge that it may be a criminal offence to knowingly provide false, forged, altered or falsified documents or misleading information or documents when submitting the completed application;
- Agree to give further information or personal details to Defender if required in order to allow it to meet its obligations under the AML/CTF and taxation legislation;
- For the good consideration of Defender considering and, if it decides, accepting this Application (in full or in part), release, discharge and indemnify each of Defender and its nominees, agents and directors and employees from and against all liability, loss, penalties, payments, costs, charges, expenses, actions, claims, demands and proceedings arising from my/our appointment of a representative and all acts and matters and things done or purported to be done by a representative even if not authorised by me/us;
- In relation to an applicant that is a trustee, only the trustee has rights and obligations (in its/their capacity as trustee) in respect of the Fund;
- Agree that, to the extent permitted by law, neither I/we nor any person claiming through me/us will have any claim or right against Defender, and its nominees, agents and directors and employees in relation to any act, matter, or thing done or purported to be done by my/our representative or any person who purports to be my/our representative, if those persons who relied on the apparent representative’s authority had no reasonable basis to believe that that person was not my/our representative;
- For the good consideration of Defender considering and, if it decides, accepting this Application (in full or in part), release, discharge and indemnify each of Defender and its nominees, agents and directors and employees from and against all liability, loss, payments, charges, actions, claims and proceedings arising as a result of any act or omission resulting from instructions reasonably believed by them to be by me/us or by my/our representative;