1988.02.16 RESO 1988-0012 - Laserfiche WebLink

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y 4.2 Restrigtions Fundamental to the 4M Fund. Notwithstanding anything in this Declaration of Trust which may be deemed to authorize the contrary, the 4M Fund: (i) May not make any investment other than investments authorised by the provi- sions of Law applicable to the investment of funds by the Participants, as the same may be amended from time to time; (ii) May not purchase any Permitted Investment which has a maturity date more than one year from the date of the 4M Fund's purchase thereof, unless subject, at the time of such purchase by the 4M Fund, to an irrevocable agreement on the part of a Responsible Person to purchase such Permitted Investment from the 4M Fund within one (1) year, (iii) May not purchase any Permitted Investment if the effect of such purchase by the 4M Fund would be to make the average dollar weighted maturity of the 4M Fund's investment portfolio greater than ninety (90) days, prov_. however, that in making such determination any Permitted Investment which is subject to an irrevocable agreement of the nature referred to in the preceding clause (ii) shall be deemed to mature on the day on which the 4M Fund is obligated to sell such Permitted Investment back to a Responsible Person or the day on which the 4M Fund may exercise its rights under such agreement to require the purchase of such Permitted Investment by a Responsible Person; (iv) May not borrow money or incur indebtedness except to facilitate as a tempor- ary measure: (a) withdrawal requests which might otherwise require unscheduled dispositions of portfolio investments; (b) for a period not to exceed one business day, withdrawal requests pending receipt of collected funds from investments sold on the date of the withdrawal requests or with- drawal requests from Participants who have notified the 4M Fund of their intention to deposit funds in their accounts on the date of the withdrawal requests; or (c) for a period not to exceed one business day, the purchase of Permitted Investments pending receipt of collected funds from Participants who have notified the 4M Fund of their intention to deposit funds in their accounts on the date of the purchase of the Permitted Investments; (v) May not make loans, provided that the 4M Fund may make Permitted Invest- ments; (vi) May not hold or provide for the custody of any 4M Fund Property in a manner not authorized by Law or by any institution or Person not authorized by Law; (vii) Except as permitted by Section 2.2(bxii) hereof, may not purchase securities or shares of investment companies or any entities similar to the 4M Fund; and (viii) May not pledge assets except to secure indebtedness permitted by (iv) of this Section 4.2; . however in the case of indebtedness secured under Section 4.2(ivxb) or (c) hereof, it may pledge assets only to the extent of the actual funds in the account of a participant on whose behalf the permitted indebtedness was incurred plus an amount equal to ttiat amount which that Participant has notified the 4M Fund that it intends to deposit in its account on that date. Is