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TNPF - The Stock Exchange of Thailand

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Additionally, the above information is a forward-looking statement for the purpose <strong>of</strong> estimating<br />

the future circumstance which is an opinion <strong>of</strong> the Fund. Thus, the actual operating result may be<br />

significantly different from such estimation.<br />

8. Risk associated with the operation <strong>of</strong> the hotel and transfer <strong>of</strong> the license to operate hotel<br />

business<br />

In seeking the benefit <strong>of</strong> the Fund, the Fund will lease the Initial Investment Property (Glow Trinity<br />

Silom Building) as the serviced apartment to the tenant. <strong>The</strong> Fund has policy to change from<br />

serviced apartment to hotel when the license to operate hotel business is issued by the competent<br />

authority, provided that under the Lease Agreement <strong>of</strong> Land and Glow Trinity Silom Building and<br />

Furniture, Fixtures and Equipment, the Fund will receive the fixed and variable rent from leasing<br />

the Initial Investment Property.<br />

<strong>The</strong> tenant <strong>of</strong> Glow Trinity Silom Building has an obligation to procure the license to operate hotel<br />

business and such tenant shall take the following actions:<br />

(a) causing Trinity Assets Co., Ltd. which is in the process <strong>of</strong> applying for the license to<br />

operate hotel business under the Hotel Act B.E. 2547 (as amended) (the Hotel Act) to<br />

transfer the license to operate hotel business to the tenant <strong>of</strong> Glow Trinity Silom Building<br />

when the license to operate hotel business is issued by the competent authortity and<br />

such tenant <strong>of</strong> the Glow Trinity Silom Building shall immediately take the transfer <strong>of</strong> the<br />

license to operate the hotel business from Trinity Assets Co., Ltd. or<br />

(b) applying for the license to operate hotel business by itself according to the rules and<br />

procedures under the Hotel Act.<br />

In the case where the tenant <strong>of</strong> Glow Trinity Silom Building is unable to complete any <strong>of</strong> the above<br />

actions within the date <strong>of</strong> initial investment <strong>of</strong> the Fund or within the lease period <strong>of</strong> Glow Trinity<br />

Silom Building or in the case where the license to operate the hotel business is revoked or is not<br />

renewed under the Hotel Act within three years after the date <strong>of</strong> initial investment or within the<br />

lease period (in the case <strong>of</strong> renewal <strong>of</strong> the lease), it may affect the revenue <strong>of</strong> the Fund because<br />

the Fund may be unable to operate the Initial Investment Property and may terminate the Lease<br />

Agreement <strong>of</strong> Land and Glow Trinity Silom Building and Furniture, Fixtures and Equipment. This<br />

factor may adversely affect the business, financial position, operating result and the status <strong>of</strong> the<br />

Fund.<br />

Information Memorandum <strong>of</strong> Trinity Property Fund 50

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