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Company Details Form - C - BMI

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<strong>BMI</strong> Bank B.S.C.(c.), Bahrain World Trade Center,<br />

P.O. Box 350, Manama, Kingdom of Bahrain<br />

T +973 17 508080<br />

F +973 17 226641<br />

Non Discretionary Investment Management Agreement<br />

This agreement is made this day of 20<br />

Between<br />

(1) <strong>BMI</strong> Bank B.S.C.(c) whose principal office is at P.O. Box 350, Manama, Bahrain and registered office in Manama, Kingdom of<br />

Bahrain (hereinafter called the “Bank” which expression shall where the context so admits or requires, include the Bank’s<br />

successors and assigns) and<br />

(2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _<br />

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _<br />

(hereinafter called the client).<br />

Whereby it is agreed as follows:<br />

Appointment<br />

The Client hereby appoints the Bank to execute transactions<br />

relating to the purchase and sale of shares, stocks, bonds,<br />

instruments, warrants, notes, treasury bills and other securities<br />

of any kind, whether traded or not (hereinafter called the<br />

Securities) and to provide administration and custodial services<br />

relating to the said securities.<br />

The Bank’s Authority<br />

On the receipt of the Client’s instructions, the Bank will subject<br />

to the under mentioned, arrange for the purchase or sale of<br />

securities. The Bank will act only as a broker and unless otherwise<br />

proved to the contrary, the Client acknowledges that any sale<br />

or purchase of securities on behalf of the Client will not result<br />

from the selection or advice in the selection from the Bank.<br />

Securities shall be held and registered in the name of the Bank<br />

and will be held either by <strong>BMI</strong> Bank, or a designated Custodian of<br />

the Bank on behalf of the Client.<br />

The Bank may, at its sole discretion, act on the Client’s<br />

instructions to purchase securities without first receiving the<br />

funds therefore. In such circumstances, the Client shall put the<br />

Bank in funds in the amount demanded by the Bank on the<br />

earlier of the value date of such purchase order or two business<br />

days of the Bank’s demand therefore.<br />

All amounts, if and when received with respect to the securities<br />

(including, but without limitation, interest dividends and other<br />

distributions) shall be credited to the Client’s account with the<br />

Bank, unless specified otherwise.<br />

The Bank may refuse to act (and shall bear no liability for such<br />

refusal) on any instructions given by the Client if, in the opinion<br />

of the Bank, such instructions contravene any applicable law or<br />

rule then in force, whether local or international, or concerns<br />

securities which the Bank does not deem it fit to deal in.<br />

The Bank shall exercise subscription, conversion and other<br />

rights attaching to securities held on behalf of the Client, if the<br />

Client does not specify its choice within a reasonable period.<br />

The Client agrees that the Bank shall have no obligation of “Best<br />

Execution” in its dealings with the Client.<br />

Instructions for purchase or sale of securities shall be at the<br />

Client account and risk.<br />

The Bank is authorized but is not obliged to rely upon and<br />

act in accordance with any instructions which may be given<br />

by the Client through facsimile, telex or telephone. The Client<br />

hereby indemnifies the Bank for acting in accordance with such<br />

instructions given through facsimile, telex, or telephone.<br />

In the case of telephonic instructions, the Bank is authorized to<br />

make magnetic tape or equivalent recordings of the relevant<br />

conversation and the Client agrees that the records and<br />

transcripts kept by the Bank shall be binding and conclusive<br />

evidence of such instructions.<br />

Credit Facilities<br />

The Client undertakes to pay interest to the Bank in respect of<br />

any debit balance in any account of the Client or any amount<br />

otherwise owing to the Bank at any time at such rate as may be<br />

prescribed from time to time by the Bank.<br />

In the event of any Credit Facilities being granted to the Client<br />

by the Bank, such Facilities shall be subject to such additional<br />

terms and conditions as may be specified.<br />

Foreign Currency Transactions<br />

If the Client instructs the Bank to effect any sale or purchase of<br />

securities in a foreign currency, any profit or loss arising as a result<br />

of the fluctuation of the exchange rate of the relevant currency will<br />

be entirely for the account of the Client. The Bank may convert the<br />

funds in any account of the Client into and from the foreign currency<br />

at such rate of exchange as the Bank may at its sole discretion<br />

determine as being the then prevailing market rate.

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