Common use of Admission of Investors Clause in Contracts

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. 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 iii 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 Mxxxxxx Lxxxx 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. 18 INVESTORS 17 SECTION 6.02. PROCEDURE AS TO NEW MANAGERS. 18 MANAGERS 17 ARTICLE VII BOOKS OF ACCOUNT; AUDITS; REPORTS TO INVESTORS SECTION 7.01. BOOKS OF ACCOUNT. 18 ACCOUNT 17 SECTION 7.02. ANNUAL AUDIT.. AUDIT 18 SECTION 7.03. INTERIM REPORTS. 19 REPORTS 18 ARTICLE VIII CONFLICTS OF INTEREST SECTION 8.01. INVESTORS’ CONSENTCONSENT 18 SECTION 8.02. INVESTORS’ REPRESENTATIVE 19 ARTICLE IX DISSOLUTION AND WINDING UP OF THIS FUTURESACCESS FUND TABLE OF CONTENTS (cont.) SECTION 9.01. EVENTS OF DISSOLUTION. DISSOLUTION 19 SECTION 9.02. DISSOLUTIONDISSOLUTION 19 ARTICLE X BENEFIT PLAN INVESTORS SECTION 10.01. INVESTMENT IN ACCORDANCE WITH LAW 20 SECTION 10.02. DISCLOSURES AND RESTRICTIONS REGARDING BENEFIT PLAN INVESTORS 20 ARTICLE X XI MISCELLANEOUS PROVISIONS SECTION 10.0111.01. INVESTORS NOT TO CONTROL. 20 CONTROL 21 SECTION 10.0211.02. POWER OF ATTORNEY. 20 ATTORNEY 21 SECTION 10.0311.03. AMENDMENTS; CONSENTS. 20 SECTION 10.04. NOTICES. CONSENTS 21 SECTION 10.0511.04. NOTICES 22 SECTION 11.05. LEGAL EFFECT; MANNER OF EXECUTIONEXECUTION 22 SECTION 11.06. 21 ENTIRE AGREEMENT; AMENDMENT AND RESTATEMENT 22 SECTION 10.0611.07. GOVERNING LAW. 21 LAW 23 SECTION 10.0711.08. CONSENT TO JURISDICTION. 21 JURISDICTION 22 SECTION 10.0811.09. “TAX MATTERS PARTNER”; TAX ELECTIONS. ELECTIONS 22 SECTION 10.0911.10. DETERMINATION OF MATTERS NOT PROVIDED FOR IN THIS AGREEMENT. AGREEMENT 22 SECTION 10.1011.11. NO PUBLICITY. PUBLICITY 22 SECTION 10.1111.12. SURVIVALSURVIVAL 23 SECTION 11.13. 22 WAIVERS 23 SECTION 10.12. WAIVERS. 22 SECTION 10.1311.14. VOTING RIGHTS. 22 RIGHTS 23 SECTION 10.1411.15. ISSUANCE OF DIFFERENT CLASSES. 22 CLASSES 23 SECTION 10.1511.16. COMPLIANCE WITH THE INVESTMENT ADVISERS ACT OF 1940ACT; SECURITIES LAWS. 22 SECTION 10.16. AMENDMENT AND RESTATEMENT LAWS 23 __________________ TESTIMONIUM SIGNATURES ASPECT ORTUS CURRENCY FUTURESACCESS LLC FIFTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT as of November 30February 29, 2012 THIS FIFTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT (“Agreement”) dated as of November 30February 29, 2012 of Aspect Ortus Currency FuturesAccess LLC (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 Z 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, 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. 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 iii 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).