By submitting this Application Form by pressing the Save button below:

1. I/We acknowledge that I/we have received, read, understood and agree to the following documents supplied:

1.1. The Information Memorandum and (where applicable) the Supplementary Information Memorandum that was emailed or otherwise made available to me/us as part of the offer.

1.2. The Trust Deed relating to the Monark High Yield Debt Fund (Fund).

1.3. The Registry Direct Data Handling and Privacy Statement contained at the following URL https://www.registrydirect.com.au/privacy-policy/

2. I/We agree to execute all documents and do all things necessary to be legally bound by the documents, the account terms and any conditions in relation to the Fund, as supplemented, replaced or re-issued from time to time.

3. I/We declare and agree that:

3.1. I/We have read the Information Memorandum and (where applicable) Supplementary Information Memorandum for the Fund to which this application applies and have received and accepted the offer in it, in Australia.

3.2. If I/We have received the Information Memorandum from the internet or other electronic means that I/we received it personally or a printout of it, accompanied by or attached to this Application Form.

3.3. I/We acknowledge that acceptance and execution of the documents electronically is appropriate and agree to execution of the documents electronically.

3.4. My/our application is true, correct and complete.

3.5. I/We acknowledge that by executing this Application Form, I/We make a legally binding commitment to invest in the amount committed to in the Application Form (“the Commitment”) in the Fund on the terms set out in the Information Memorandum and (where applicable) Supplementary Information Memorandum.

3.6. I/We further acknowledge that the failure to pay any Commitment amount when called constitutes a breach of contract and that I/we will be liable to Monark Securities Pty Ltd (Trustee) and Monark Secured Debt Management Pty Ltd (Manager) for any losses suffered by one or more of them arising from the breach. I/We agree to indemnify the Trustee and Manager for all losses, costs, expenses and damages incurred as a result of my/our failure to pay any Commitment amount as specified in this Application Form.

3.7. I/We am/are bound by the provisions of the Trust Deed of the Fund as amended from time to time.

3.8. I/We have legal power to invest, to make a legally binding Commitment to the Fund and to perform all relevant obligations, and any monies being committed are not associated with crime, terrorism, money laundering or terrorism financing.

3.9. I/We authorise the Trustee to give information relating to my/our account and investment in that account to my/our adviser.

3.10. If this is a joint application, each of us agrees, unless otherwise indicated on this application, that our investment is as joint tenants.

3.11. If this is a joint application, each of us who is able to operate the account will bind the other(s) to any transaction including investments, switches or withdrawals by any available method.

3.12. This application is not resultant of an unsolicited meeting with or telephone call from another person.

3.13. If investing as trustee on behalf of a superannuation fund or trust I/we confirm that I/we am/are acting in accordance with my/our designated powers and authority under the trust deed. In the case of superannuation funds, I/we also confirm that it is a complying fund under the Superannuation Industry (Supervision) Act.

3.14. I/We acknowledge that an investment in the Fund does not represent an investment in or a deposit or other liability of the Trustee, Manager or their related entities.

3.15. I/We acknowledge that neither the Trustee, Manager or any of their officers, advisers, agents or associates in any way guarantee the performance of the Fund nor any return of capital. I/We acknowledge that investments in the Fund are subject to various risks, including delays in repayment and loss of income or principal invested.

3.16. I/We acknowledge that the Trustee and its related bodies corporate may disclose and use personal information as contemplated in the privacy related disclosures in the Information Memorandum and the Trustee‘s Privacy Policy (see https://www.monarkpartners.com.au/privacy-policy/). By completing the application form I/we are providing personal information to the Trustee. My/Our personal information will be used to process the application and, if the application is successful, to administer and report on my/our unit holding in the Fund and the progress of the Fund’s activities. My/Our personal information may also be provided to other persons to enable the Trustee to provide these services to me/us (e.g. service providers, consultants, and advisers), or to persons that I/we authorise to act on my/our behalf in relation to my/our investment (e.g. my/our financial adviser, accountant or lawyer). The Trustee may also disclose my/our personal information to others as permitted under the law.

3.17. If I/we do not provide all or part of the information required by the application form, the Trustee will not be able to accept my/our application and I/we will not be able to acquire units in the Fund.

3.18. If any of my/our personal details change, I/we will contact the Trustee at the address stated in this application form. I/We can also contact the Trustee to find out what personal information is held about me/us or if I/we have a complaint about the way in which my/our personal information has been handled.

3.19. I/We acknowledge and agree that if I/We instruct the Trustee by electronic means (for example by email) I/We indemnify the Trustee against all losses and liabilities arising from any payment or action the Trustee makes based on any instruction (even if not genuine) that the Trustee receives by an electronic communication which appears to indicate to the Trustee that the communication has been provided by me/us.

3.20. I/We will provide to the Trustee or its nominee any information reasonably required in order to enable the Trustee to comply with all its obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and its associated rules and regulations (in force from time to time).

3.21. I/We acknowledge that investments in the Fund are subject to the risks outlined in the Information Memorandum and (where applicable) the Supplementary Information Memorandum.

3.22. I/We acknowledge that the information collected by the Trustee (including in this application form) may be used for identification purposes, including via a third party verification service, to enable the Trustee to comply with all its customer identification obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and associated rules and regulations.

3.23. I/We will provide the Trustee or its nominee any information that the Trustee reasonably requires in order to enable the Trustee to meet all of its compliance, reporting and other obligations under the United States of America Foreign Account Tax Compliance Act (FATCA) and all associated rules and regulations from time to time (including, without limitation, the Inter-Governmental Agreement entered into between the governments of the US and Australia). I/We understand that the Trustee may disclose such information to the Australian Taxation Office who may in turn disclose the information to the US Internal Revenue Service.

3.24. I/We understand that where I/we have provided the Trustee or its nominee with information about my/our status or designation under or for the purposes of FATCA (including, but without limitation, US residency or citizenship status and FATCA status as a particular entity type) and all associated rules and regulations, the Trustee will treat that information as true and correct without any additional validation or confirmation being undertaken by the Trustee except where it is under a legal obligation to do so.

3.25. I/We understand that the information supplied by me/us is covered by the full provisions of the terms and conditions governing my/our relationship with the Fund setting out how the Trustee may use and share the information supplied by me/us.

3.26. I/We acknowledge that the information contained in this form and information may be provided to the tax authorities of the country/jurisdiction in which this account(s) is/are maintained and exchanged with tax authorities of another country/jurisdiction or countries/jurisdictions in which I/we may be tax resident pursuant to intergovernmental agreements to exchange financial account information.

3.27. I/We undertake to advise the Trustee within 30 days of any change in circumstances which affects the tax residency status of any individual identified in this application form or causes the information contained in this application form to become incorrect or incomplete, and to provide the Trustee with a suitably updated self-certification and declaration within 30 days of such change in circumstances.

3.28. I/We represent, warrant, and undertake to the Trustee that my/our subscription for the offer will not cause the Trustee or me/us to violate the laws of any jurisdiction which may be applicable to this offer.

3.29. I/We declare Registry Direct Limited is not responsible for the terms of this offer and is not liable for any loss incurred from investing in this offer or for the use of the systems supplied by Registry Direct Limited now or in the future.

3.30. I/We agree to receive all communications regarding this application and all future communications relating to the Fund including reports, statements and other communications by the Trustee electronically, such as via e-mail or by posting on a website.

3.31. To enable the Trustee to verify my/our identity, the Trustee may disclose personal information such as my/our name(s), date(s) of birth, and address(es) to a credit reporting agency (CRA) to obtain an assessment of whether that personal information matches information held by the CRA or accessed by the CRA (including as my/our agent) from its third party data sources to which my/our personal information may also be disclosed. The CRA may give the Trustee, and may retain for its own use, a report on that assessment and to do so the CRA and third party data sources may use personal information about me/us and other individuals in their files. Alternative means of verifying me/us are available on request. If the Trustee is unable to verify my/our identity using information held by a CRA the Trustee will provide me/us with a notice to this effect and give me/us the opportunity to contact the CRA to update my/our information held by the CRA or verify my/our identity using an alternative method acceptable to the Trustee.

3.32. I/We hereby give our full and informed consent to access and confirm my/our name(s), date(s) of birth and addresses with a CRA and authority for the CRA to act as my/our agent for the purposes of undertaking an electronic identity verification.

3.33 I/We acknowledge that the Trustee may decide to delay or refuse any request or transaction, including by suspending the issue or redemption of units in the Fund, if the Trustee is concerned that the request or transaction may breach any obligation or cause the Trustee to commit or participate in an offence.

3.34 I/We acknowledge the Trustee reserves the right to reject any application or scale back the amount of a Commitment in its absolute discretion.

3.35 If applicable, after assessing my/our circumstances, I/we have obtained my/our own independent financial advice prior to investing in the Fund.

Declaration

By submitting this application:

I/We declare that this application is completed and lodged according to the offer document linked to this online application form and declare that all details and statements made by me/us are complete and accurate;
I/We agree to be bound by the terms of the offer and the constitution/trust deed/governing document of the offeror;
I/We was/were given access to the offer document together with the application form;
I/We represent, warrant and undertake to the offeror that our subscription for the offer will not cause the offeror or me/us to violate the laws of any jurisdiction which may be applicable to this offer;
I/We declare Registry Direct Limited is not responsible for the terms of this offer and is not liable for any loss incurred from investing in this offer or for the use of the systems supplied by Registry Direct Limited now or in the future;
I/We agree to receive all communications regarding this application and all future communications by the Company/Issuer electronically.

Privacy Statement:

The Trustee advises that information is collected to administer your unit holdings and if some or all of the information is not collected then it might not be possible to administer your unit holdings. Your personal information may be disclosed to service providers of the Trustee, as trustee of the Fund in which you hold units, and regulators. You can obtain access to your personal information by contacting the Trustee at the address or telephone number shown in the offer document.