LIPPO-MAPLETREE - Lippo Malls Indonesia Retail Trust - Investor ...

The formation and structure of LMIR Trust• any period when the business operations of the Manager or the Trustee in relation to LMIR Trust aresubstantially interrupted or closed as a result of, or arising from, pestilence, acts of war, terrorism,insurrection, revolution, civil unrest, riots, strikes or acts of God.Such suspension shall take effect forthwith upon the declaration in writing thereof by the Manager or theTrustee (as the case may be) and shall terminate on the day following the first Business Day on which thecondition giving rise to the suspension ceases to exist and no other conditions under which suspension isauthorised (as set out above) exists, upon the declaration in writing thereof by the Manager or the Trustee(as the case may be).In the event of any suspension while LMIR Trust is listed on the SGX-ST, the Manager shall ensure thatimmediate announcement of such suspension is made through the SGX-ST.Redemption of UnitsThe Trust Deed provides that any redemption of Units will be carried out in accordance with the PropertyFunds Guidelines, the rules of the Listing Manual (if applicable) and all other applicable laws andregulations. With respect to any terms which are necessary to carry out such redemption but are notprescribed by the Property Funds Guidelines, the rules in the Listing Manual and any laws and regulations,these terms shall be determined by mutual agreement between the Manager and the Trustee.However, for so long as the Units are listed on the SGX-ST, the Unitholders have no right to request theManager to repurchase or redeem their Units while the Units are listed on the SGX-ST and/or any otherRecognised Stock Exchange. It is intended that the Unitholders may only deal in their listed Units throughtrading on the SGX-ST.Rights and liabilities of UnitholdersThe key rights of Unitholders include rights to:• receive income and other distributions attributable to the Units held;• receive audited accounts and the annual reports of LMIR Trust; and• participate in the termination of LMIR Trust by receiving a share of all net cash proceeds derived fromthe realisation of the assets of LMIR Trust less any liabilities, in accordance with their proportionateinterests in LMIR Trust.No Unitholder has a right to require that any asset of LMIR Trust be transferred to him.Further, Unitholders cannot give any directions to the Trustee or the Manager (whether at a meeting ofUnitholders duly convened and held in accordance with the provisions of the Trust Deed or otherwise) if itwould require the Trustee or the Manager to do or omit doing anything which may result in:• LMIR Trust ceasing to comply with applicable laws and regulations; or• the exercise of any discretion expressly conferred on the Trustee or the Manager by the Trust Deed orthe determination of any matter which, under the Trust Deed, requires the agreement of either or both ofthe Trustee and the Manager.The Trust Deed contains provisions that are designed to limit the liability of a Unitholder to the amount paidor payable for any Unit. The provisions seek to ensure that if the Issue Price of the Units held by aUnitholder has been fully paid, no such Unitholder, by reason alone of being a Unitholder, will be personallyliable to indemnify the Trustee or any creditor of LMIR Trust in the event that the liabilities of LMIR Trustexceed its assets.Under the Trust Deed, every Unit carries the same voting rights.Amendments of the Trust DeedSubject to the third paragraph below, save where an amendment to the Trust Deed has been approved byan Extraordinary Resolution passed at a meeting of Unitholders duly convened and held in accordance217