Article 5

in respect of an action relating to funds borrowed by the Fund which is brought by the lender of such funds or his assignees or successors in title;

in respect of an action relating to securities issued by the Fund which is brought by a buyer or holder of such securities or his assignees or successors in title:

if the Fund has agreed in writing with the other party to the dispute to be subject to the courts of the United Kingdom; or

if the Fund has its headquarters in the United Kingdom or has appointed an agent for the purpose of accepting service or notice of process in the United Kingdom, and:

1. 1.

   no agreement has been made between the Fund and the other party to the dispute as to the forum; or

2. 2.

   such an agreement is not effective for reasons other than the fault of the plaintiff in the action against the Fund;