P R O S P ECT U S INFORMAT I ON FO R A D I T IONA L S T R AT EG IC INVES TOR S
3.5.3 TAX OBLIGATIONS COMPLIANCE COMPLEXITY. Shareholders information to comply with their tax obligations is limited. Each shareholder tax obligations compliance and its complexity may vary depending on Shareholder´s capacity and its income. Each Shareholder Series “B” will be individually responsible for complying with its respective tax obligations, as well as for taxes proportional part and other contributions caused by its investment in Private Equity Investment Fund as a Debt Instrument, in Applicable Legislation terms in any jurisdiction. Information available to Shareholders Series “B” Shareholders and that contained in reports and information that ENERMAS LATINOAMÉRICA has to prepare as Manager in accordance with Applicable Laws in any jurisdiction, may not be sufficient for Shareholders to comply with their tax obligations, and there may not be additional information available for such purposes. Each Shareholder will need to assess how it will comply with its tax obligations with respect to any applicable taxes. Compliance with such tax obligations may be complex.
3.5.4 SERIES “B” SIMPLE BONDS TAX REGIME MODIFICATION. Current tax regime applicable to ENERMAS LATINOAMÉRICA Simple Bonds Series “B” may be modified during Issuance term. Prospective Investors must consult with their advisors regarding tax consequences resulting from Investment in Simple Bonds Series “B”, including specific rules application regarding to each particular situation.
3.5.5 THE FUND WILL BE USED TO PAY EXPENSES THAT MAY BE UNCERTAIN. In accordance to Convertible Participative Private Equity Investment Agreement as Debt Instrument terms, resources comprising Private Equity Investment Fund as a Debt Instrument may be used to pay Investment Expenses, Fund Expenses and Issuance Initial Expenses and Issuance Recurring Expenses, amounts of which are not known as of Closing Date. ENERMAS LATINOAMÉRICA as Manager will have the power to determine level and/or necessity of such Expenses. Amounts used for such Expenses and resources payment used to pay other items, including Commercial Commission and Performance Fee to ENERMAS LATINOAMÉRICA in Second Place, may decrease resources available to perform Equity Investments of Private Equity Investment Fund as a Debt Instrument.
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3.5.6 THE FUND TAX STRUCTURE MAY BE MODIFIED OR ITS INTERPRETATION MAY CHANGE. Private Equity Investment Fund as a Debt Instrument must comply with requirements established in Income Tax Law, Income Tax Law Regulations, Value Added Tax Law and current Miscellaneous Tax Resolution applicable rules, in order to be able to apply established tax regime and in terms of which Shareholders Series “B” will pay Income Tax (ISR) in accordance with the provisions of Applicable Legislation on the matter and/or, if applicable, in accordance
