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TNPF - The Stock Exchange of Thailand

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Nowadays, the private road <strong>of</strong> Trinity Complex Juristic Person Condominium is used as an<br />

entrance and exit to Naradhiwas Rajanagarindra 3 Road for customers, consumers and tenants <strong>of</strong><br />

the Glow Trinity Sillom Building and such private road is used for the car which intends to park at<br />

Glow Trinity Silom Building. This private road is mutually used among the customers, consumers<br />

and tenants <strong>of</strong> the Glow Trinity Silom Building and the owner <strong>of</strong> the Trinity Complex Condominium.<br />

Such usage <strong>of</strong> private road <strong>of</strong> Trinity Complex Juristic Person Condominium shall be approved by<br />

the Trinity Complex Juristic Person Condominium in writing. <strong>The</strong>refore, in the case where Trinity<br />

Complex Juristic Person Condominium revokes or terminates its approval <strong>of</strong> usage <strong>of</strong> private<br />

road, the customers, consumers and tenants <strong>of</strong> the Glow Trinity Silom Building will be adversely<br />

affected from such termination. This may significantly affect the revenue and the operating results<br />

<strong>of</strong> the retail tenants <strong>of</strong> Glow Trinity Silom Building and may eventually affect the revenue,<br />

operating result and the financial position <strong>of</strong> the Fund.<br />

In order for the Fund to use such private road continuously, the Fund enters into the agreement for<br />

use <strong>of</strong> entrance and exit with Trinity Complex Juristic Person Condominium in which the Fund<br />

shall pay 20,000 baht per month for using such private road to Trinity Complex Juristic Person<br />

Condominium and the term <strong>of</strong> agreement shall be indefinitely throughout the period in which the<br />

Fund invests in the Initial Investment Property. Such agreement already exists between Trinity<br />

Assets Co., Ltd. and Trinity Complex Juristic Person Condominium.<br />

In addition, in the case where, during the period that the Fund is an owner <strong>of</strong> the land, Glow Trinity<br />

Silom Building and FF&E, Trinity Complex Juristic Person Condominium is in a breach under the<br />

agreement for use <strong>of</strong> entrance and exit or the said agreement has been terminated under any<br />

circumstance, Trinity Assets Co., Ltd. agrees to construct an automobile elevator for Glow Trinity<br />

Silom Building or procure the entrance and exit for customers, consumers and retail tenants <strong>of</strong><br />

Glow Trinity Silom Building in order to replace the closed private road <strong>of</strong> Trinity Complex Juristic<br />

Person Condominium and access to Naradhiwas Rajanagarindra 3 Road.<br />

Furthermore, during the period that Trinity at Silom Co., Ltd. is a party to the lease agreement for<br />

land, Glow Trinity Silom Building and FF&E with the Fund, if Trinity Complex Juristic Person<br />

Condominium breaches the agreement for use <strong>of</strong> entrance and exit or such agreement has been<br />

terminated in any circumstance, and such breach causes the net annual revenue <strong>of</strong> the Fund to be<br />

less than average total rent for three previous years, provided that such three previous years shall<br />

not be less than net revenue for the one previous year plus progressive rate <strong>of</strong> five percent <strong>of</strong> net<br />

revenue, Trinity Assets Co., Ltd. agrees to compensate the Fund for the difference in rent <strong>of</strong> each<br />

year within 30 days commencing from the date <strong>of</strong> written notice received by Trinity Assets Co., Ltd.<br />

Such difference in rent shall be calculated from the average difference in net rent from the three<br />

Information Memorandum <strong>of</strong> Trinity Property Fund 52

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