TNPF - The Stock Exchange of Thailand
TNPF - The Stock Exchange of Thailand
TNPF - The Stock Exchange of Thailand
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previous years, provided that such average difference in rent shall not be less than net revenue for<br />
the previous year plus progressive rate <strong>of</strong> five percent <strong>of</strong> net revenue received by the Fund after the<br />
breach <strong>of</strong> agreement for use <strong>of</strong> entrance and exit by Trinity Complex Juristic Person Condominium<br />
or such agreement being terminated in any circumstance.<br />
In this regard, 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 within three years<br />
commencing from the beginning <strong>of</strong> lease period for land, Glow Trinity Silom Building and FF&E,<br />
the compensation under the agreement for use <strong>of</strong> entrance and exit shall be calculated from<br />
average rent <strong>of</strong> the year prior to the year which the breach is undertaken, provided that the average<br />
rent shall not be less than net revenue for the previous year plus progressive rate <strong>of</strong> five percent <strong>of</strong><br />
net revenue. After Trinity Assets Co., Ltd. has constructed the automobile elevator or new entrance<br />
and exit to replace the private road <strong>of</strong> Trinity Complex Juristic Person Condominium, if the Fund is<br />
<strong>of</strong> the opinion that Glow Trinity Silom Building remains unable to operate as a normal business or it<br />
is shown to the Fund that Trinity Assets Co., Ltd. fails to comply with its obligations for construction<br />
<strong>of</strong> the new entrance and exit within the specified period, Trinity Assets Co., Ltd. agrees to<br />
repurchase the land, Glow Trinity Silom Building and FF&E including Glow Trinity Silom Arcade from<br />
the Fund in an amount as appraised by the Appraisal Company, provided that such amount shall<br />
not be less than the total Initial Investment Amount by the Fund minus amortization value per annum<br />
commencing from the initial investment year until the year in which the repurchase <strong>of</strong> land, Glow<br />
Trinity Silom Building and FF&E and Glow Trinity Silom Arcade occurred as the formula shown<br />
below:<br />
Initial Investment Amount x [1 (the number <strong>of</strong> investment year x 1%)]<br />
Remark: in the case where theFund invests in the Initial Investment Property<br />
less than 1 year, the sale value shall be proportionately calculated from the<br />
remaining period <strong>of</strong> that year. <strong>The</strong> Management Company shall procure the<br />
appraisal <strong>of</strong> the Initial Investment Property and the date <strong>of</strong> the appraisal shall<br />
not be more than six months prior to the date <strong>of</strong> disposition <strong>of</strong> the Initial<br />
Investment Property.<br />
With this regards, the repurchase in the case where the Fund is in opinion that Glow Trinity Silom<br />
Building being unable to be operated in normal practice, the Fund will sell the land, Glow Trinity<br />
Silom Building and its FF&E and Glow Trinity Silom Arcade to Trinity Assets Co., Ltd. This<br />
transaction shall not be considered as a normal practice for selling the property <strong>of</strong> the Fund<br />
according to the rules and regulations under the relevant securities laws.<br />
Information Memorandum <strong>of</strong> Trinity Property Fund 53