Supplemental Deed Poll No. 5 To amend the constitution of the Aspen Property Trust Dated 2015 King & Wood Mallesons Level 61 Governor Phillip Tower 1 Farrer Place Sydney NSW 2000 Australia T +61 2 9296 2000 F +61 2 9296 3999 DX 113 Sydney www.kwm.com
Supplemental Deed Poll No. 5 Details Manager Name Aspen Funds Management Limited ACN 104 322 278 Address Level 18, 9 Hunter Street, Sydney NSW 2000 Recitals A Aspen Property Trust (ARSN 104 807 767 ( Trust was constituted by a deed poll dated 10 May 2003 (as amended declared by the Manager as trustee and responsible entity of the Trust ( Constitution. B C D Clause 24 of the Constitution provides that, subject to the Corporations Act, the Constitution may be amended by Resolution (as that term is defined in the Constitution and that if the Constitution is so amended the Manager may give effect to the amendment by executing a supplemental deed. Section 601GC(1(a of the Corporations Act provides that the constitution of a managed investment scheme may be modified by a special resolution of the members of the scheme. In this supplemental deed poll the Manager proposes to give effect to the special resolution amending the Constitution passed by the members of the Trust at the meeting held on [ ] 2015 in accordance with the Corporations Act and clause 24 of the Constitution. Governing law Date of deed New South Wales See Signing page Supplemental Deed Poll No. 5 0 XXX 0000 1
Supplemental Deed Poll No. 5 General terms 1 Amendments to the Constitution The Manager declares that by this supplemental deed poll, the Constitution is modified by: (a (b inserting the text that is shown as underlined (ie insert; deleting the text that is shown as deleted (ie delete; and in the copy of the Constitution set out in the schedule to this supplemental deed poll. 2 No redeclaration etc. The Manager declares that it is not, by this supplemental deed poll: (a (b (c redeclaring or resettling the Trust; declaring any trust; or causing the transfer, vesting or accruing of property in any person. 3 Governing law This supplemental deed poll is governed by the laws in force in the place specified in the Details. Each person affected by it irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that place and the courts of appeal from them. 4 Effective date In accordance with section 601GC(2 of the Corporations Act, the amendments to the Constitution contained in this supplemental deed poll will take effect when a copy of this supplemental deed poll is lodged with the Australian Securities and Investments Commission. 5 Interpretation 5.1 Terms defined in Constitution Capitalised terms used in this supplemental deed poll have the meaning given in the Constitution, unless the contrary intention appears. 5.2 Definitions Constitution means the deed poll dated 10 May 2003 (as amended declared by the Manager. Corporations Act means the Corporations Act 2001 (Cth. Supplemental Deed Poll No. 5 2
Details means the section of this supplemental deed poll entitled Details. Trust means Aspen Property Trust ARSN 104 807 767. 5.3 Headings Headings are inserted for convenience only and do not affect the interpretation of this supplemental deed poll. EXECUTED as a deed Supplemental Deed Poll No. 5 3
Schedule (clause 1 Constitution of the Aspen Property Trust. Supplemental Deed Poll No. 5 4
Supplemental Deed Poll No. 5 Signing page DATED: EXECUTED by ASPEN FUNDS MANAGEMENT LIMITED in accordance with section 127(1 of the Corporations Act 2001 (Cth by authority of its directors: Signature of director Name of director (block letters Signature of director/company secretary* *delete whichever is not applicable Name of director/company secretary* (block letters *delete whichever is not applicable Supplemental Deed Poll No. 5 5