Admission of Investors. No Borrower Party shall admit any Person as an additional Investor unless such Borrower Party, prior to the effective date of such transfer, confirms that such additional Investor does not appear on any list of “Specially Designated Nationals” or other list of known or suspected terrorists generated by OFAC with which dealings are prohibited under Sanctions.
Admission of Investors. (a) The Fund shall have the unrestricted right at all times prior to the Termination Date to admit to the Fund such Investors as it may deem advisable. One Investor Share will be issued for each accepted subscription for $150,000 of Capital Contributions (before discounts or incentives) and fractional Shares may be issued in the Manager's sole discretion for proportional amounts of Capital Contributions. After the Termination Date, Section 9.6 shall govern the sale of Shares or different classes of Shares.
Admission of Investors. SECTION 6.01. PROCEDURE AS TO NEW INVESTORS. 18 SECTION 6.02. PROCEDURE AS TO NEW MANAGERS. 18 ARTICLE VII BOOKS OF ACCOUNT; AUDITS; REPORTS TO INVESTORS SECTION 7.01. BOOKS OF ACCOUNT. 18 SECTION 7.02. ANNUAL AUDIT.. 18 SECTION 7.03. INTERIM REPORTS. 19 ARTICLE VIII CONFLICTS OF INTEREST SECTION 8.01. INVESTORS’ CONSENT. 19 ARTICLE IX DISSOLUTION AND WINDING UP OF THIS FUTURESACCESS FUND TABLE OF CONTENTS (cont.) SECTION 9.01. EVENTS OF DISSOLUTION. 19 SECTION 9.02. DISSOLUTION. 20 ARTICLE X MISCELLANEOUS PROVISIONS SECTION 10.01. INVESTORS NOT TO CONTROL. 20 SECTION 10.02. POWER OF ATTORNEY. 20 SECTION 10.03. AMENDMENTS; CONSENTS. 20 SECTION 10.04. NOTICES. 21 SECTION 10.05. LEGAL EFFECT; MANNER OF EXECUTION. 21 SECTION 10.06. GOVERNING LAW. 21 SECTION 10.07. CONSENT TO JURISDICTION. 21 SECTION 10.08. “TAX MATTERS PARTNER”; TAX ELECTIONS. 22 SECTION 10.09. DETERMINATION OF MATTERS NOT PROVIDED FOR IN THIS AGREEMENT. 22 SECTION 10.10. NO PUBLICITY. 22 SECTION 10.11. SURVIVAL. 22 SECTION 10.12. WAIVERS. 22 SECTION 10.13. VOTING RIGHTS. 22 SECTION 10.14. ISSUANCE OF DIFFERENT CLASSES. 22 SECTION 10.15. COMPLIANCE WITH THE INVESTMENT ADVISERS ACT OF 1940; SECURITIES LAWS. 22 SECTION 10.16. AMENDMENT AND RESTATEMENT 23 __________________ TESTIMONIUM SIGNATURES ASPECT FUTURESACCESS LLC FIFTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT as of November 30, 2012 THIS FIFTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT (“Agreement”) dated as of November 30, 2012 of Aspect FuturesAccess (this “FuturesAccess Fund”) by and among Xxxxxxx Xxxxx Alternative Investments LLC, a Delaware limited liability company (the “Sponsor”), an indirect wholly-owned subsidiary of Bank of America Corporation, and those persons who shall invest in the units of limited liability company interest (“Units”) created pursuant to this Agreement — Class A, Class C, Class D, Class I, Class M, Class DS, Class DT and such other classes as may be established in the future — and shall therefore be admitted as members (such members being hereinafter sometimes referred to collectively as “Investors”; provided, that for purposes of voting, Units held by the Sponsor shall not be considered to be held by an Investor).
Admission of Investors. SECTION 6.01. PROCEDURE AS TO NEW INVESTORS............................17 SECTION 6.02. PROCEDURE AS TO NEW MANAGERS.............................17
Admission of Investors. Any admission of an assignee of an interest in a Borrower or as a substitute Investor and any admission of a Person as a new Investor of a Borrower shall be subject to (i) such Person’s compliance with Sanctions and AML Laws, and (ii) such Person not causing any Lender to be non-compliant with any such rules, regulations and related policies.
Admission of Investors. No Borrower Party shall knowingly admit any Person as an additional Investor without prior written notice to Administrative Agent or if such Person: (i) appears on any list of “Specially Designated Nationals” or list of known or suspected terrorists generated by the Office of Foreign Assets Control of the United Stated Department of Treasury; or (ii) is otherwise prohibited from becoming an Investor by applicable Law.
Admission of Investors. Any admission of an assignee of an interest in the Initial Borrower as a substitute Investor and any admission of a Person as a new Investor of the Initial Borrower will be subject to compliance with OFAC and the requirements of Section 9.5(d) below. The Initial Borrower will, promptly upon receipt thereof, deliver to the Administrative Agent copies of any Subscription Agreement, Side Letter and other documentation delivered to, or required of such Investor by, the Initial Borrower promptly following such admission.
Admission of Investors. SECTION 6.01. PROCEDURE AS TO NEW INVESTORS 20
Admission of Investors. Borrower shall not admit any Person as an additional Partner without the prior written consent of Administrative Agent acting alone (which consent shall not be unreasonably withheld). Guarantor shall not admit any Person as an additional Shareholder without the prior written consent of Administrative Agent acting alone (which consent shall not be unreasonably withheld).
Admission of Investors. A Person becomes an Investor in the Partnership upon such Person's admission to the Partnership as a limited partner. A Person is admitted to the Partnership as a limited partner only upon such Person's (i) execution of a writing evidencing such Person's assent to and agreement to be bound by the terms and conditions of this Partnership Agreement; (ii) such Person's purchase of an Interest in the Partnership in accordance with the terms of this Partnership Agreement (including the By-Laws); and (iii) the reflection of such Person as an owner of an Interest on the records of the Partnership.
