ADVICE AND SERVICES. A. The Investment Manager shall provide Fund Fifteen with advice and services as may be requested or required by Fund Fifteen to manage the Investments and operate Fund Fifteen, which advice and services (collectively, the “Services”) shall include, without limitation, the following: i) Provide advice, analysis (including credit and Capital Asset analysis and other due diligence), and recommendations with respect to the origination, investigation, structuring, financing, acquisition, monitoring, syndication, remarketing, extending, renewing, and disposing of potential and existing Investments; ii) Prepare and review and supervise the preparation and review of all agreements, certificates, amendments, notices, instruments, and other documents required to acquire, manage, finance, syndicate, remarket or dispose of any Investment or potential Investment; iii) Provide accounting, finance, financial reporting, legal, tax, investor relations, portfolio and asset management, treasury, marketing, receivables and payables management, and other administrative services with respect to existing and potential Investments and the operations of Fund Fifteen; and iv) Provide such additional assistance and services to, and develop, license, and/or acquire such systems and software for the benefit of, Fund Fifteen as the general partner of Fund Fifteen may reasonably request or deem appropriate in connection with the foregoing. B. Fund Fifteen hereby appoints the Investment Manager as its agent and attorney-in-fact with full power, discretion and authority to make management decisions concerning the Investments and to enter into agreements and commitments, on behalf of and in the name of Fund Fifteen and its affiliates and subsidiaries, including, without limitation, lease agreements, loan agreements, financing agreements, purchase and sale agreements, and agreements with service providers and other third parties related to the Investments. This appointment of the Investment Manager as agent and attorney-in-fact includes the full power of substitution and further includes the full power to appoint agents and subagents to enter into agreements on behalf of Fund Fifteen and its affiliates and subsidiaries. The Investment Manager hereby agrees that the Services shall be carried out in accordance with customary and usual procedures of institutions that perform the Services, unless otherwise provided specifically in the Partnership Agreement. C. To the extent any expenses are incurred by the Investment Manager on behalf of Fund Fifteen and/or its subsidiaries and one or more funds or accounts managed by the Investment Manager, such expenses will be allocated, as determined by the Investment Manager in its sole discretion, between or among Fund Fifteen and/or the subsidiaries and such other funds or accounts based on the extent to which such expenses are reasonably attributable to such entities as determined by the Investment Manager. D. The Investment Manager shall not be required to spend any specified amount of time in performing the Services for Fund Fifteen. The Investment Manager shall be required to devote only such time and attention to the performance of the Services as it, in its sole discretion, deems necessary to carry out the purposes of this Agreement. E. Notwithstanding anything to the contrary in this Agreement, the Investment Manager may engage in or possess an interest in, directly or indirectly, any other present or future business venture of any nature or description for its own account, independently or with others, including, but not limited to, any aspect of the equipment leasing and finance business or any other business engaged in by Fund Fifteen and may become the managing member, investment manager or general partner in other entities and neither Fund Fifteen nor any of its Partners shall have any rights in or to such independent venture or the income or profits derived or received therefrom.
Appears in 2 contracts
Samples: Investment Management Agreement (Icon Eci Fund Fifteen, L.P.), Investment Management Agreement (Icon Eci Fund Fifteen, L.P.)
ADVICE AND SERVICES. A. The Investment Manager shall provide Fund Fifteen Sixteen with advice and services as may be requested or required by Fund Fifteen Sixteen to manage the Investments and operate Fund FifteenSixteen, which advice and services (collectively, the “Services”) shall include, without limitation, the following:
(i) Provide advice, analysis (including credit and Capital Asset analysis and other due diligence), and recommendations with respect to the origination, investigation, structuring, financing, acquisition, monitoring, syndication, remarketing, extending, renewing, and disposing of potential and existing Investments;
(ii) Prepare and review and supervise the preparation and review of all agreements, certificates, amendments, notices, instruments, and other documents required to acquire, manage, finance, syndicate, remarket or dispose of any Investment or potential Investment;
(iii) Provide accounting, finance, financial reporting, legal, tax, investor relations, portfolio and asset management, treasury, marketing, receivables and payables management, and other administrative management services with respect to existing and potential Investments and the operations of Fund FifteenInvestments; and
(iv) Provide such additional assistance and services to, and develop, license, and/or acquire such systems and software for the benefit of, Fund Fifteen Sixteen as the general partner of Fund Fifteen may reasonably request or deem Investment Manager deems appropriate in connection with the foregoing.
B. Fund Fifteen Sixteen hereby appoints the Investment Manager as its agent and attorney-in-fact with full power, discretion and authority to make management decisions concerning the Investments and to enter into agreements and commitments, on behalf of and in the name of Fund Fifteen Sixteen and its affiliates and subsidiaries, including, without limitation, lease agreements, loan agreements, financing agreements, purchase and sale agreements, and agreements with service providers and other third parties related to the Investments. This appointment of the Investment Manager as agent and attorney-in-fact includes the full power of substitution and further includes the full power to appoint agents and subagents to enter into agreements on behalf of Fund Fifteen Sixteen and its affiliates and subsidiaries. The Investment Manager hereby agrees that the Services shall be carried out in accordance with customary and usual procedures of institutions that perform the Services, unless otherwise provided specifically in the Partnership Trust Agreement.
C. To the extent any expenses are incurred by the Investment Manager on behalf of Fund Fifteen Sixteen and/or its subsidiaries and one or more funds or accounts managed by the Investment Manager, such expenses will be allocated, as determined by the Investment Manager in its sole discretion, between or among Fund Fifteen Sixteen and/or the subsidiaries and such other funds or accounts based on the extent to which such expenses are reasonably attributable to such entities as determined by the Investment Manager.
D. The Investment Manager shall not be required to spend any specified amount of time in performing the Services for Fund FifteenSixteen. The Investment Manager shall be required to devote only such time and attention to the performance of the Services as it, in its sole discretion, deems necessary to carry out the purposes of this Agreement.
E. Notwithstanding anything to the contrary in this Agreement, the Investment Manager may engage in or possess an interest in, directly or indirectly, any other present or future business venture of any nature or description for its own account, independently or with others, including, but not limited to, any aspect of the equipment leasing and finance business or any other business engaged in by Fund Fifteen Sixteen and may become the managing member, investment manager or general partner in other entities and neither Fund Fifteen Sixteen nor any of its Partners Shareholders shall have any rights in or to such independent venture or the income or profits derived or received therefrom.
Appears in 1 contract
Samples: Investment Management Agreement (ICON ECI Fund Sixteen)
ADVICE AND SERVICES. A. The Investment Manager shall provide Fund Fifteen Fourteen with advice and services as may be requested or required by Fund Fifteen Fourteen to manage the Investments and operate Fund FifteenFourteen, which advice and services (collectively, the “Services”) shall include, without limitation, the following:
i) Provide advice, analysis (including credit and Capital Asset analysis and other due diligence), and recommendations with respect to the origination, investigation, structuring, financing, acquisition, monitoring, syndication, remarketing, extending, renewing, and disposing of potential and existing Investments;
ii) Prepare and review and supervise the preparation and review of all agreements, certificates, amendments, notices, instruments, and other documents required to acquire, manage, finance, syndicate, remarket or dispose of any Investment or potential Investment;
iii) Provide accounting, finance, financial reporting, legal, tax, investor relations, portfolio and asset management, treasury, marketing, receivables and payables management, and other administrative services with respect to existing and potential Investments and the operations of Fund FifteenFourteen; and
iv) Provide such additional assistance and services to, and develop, license, and/or acquire such systems and software for the benefit of, Fund Fifteen Fourteen as the general partner of Fund Fifteen Fourteen may reasonably request or deem appropriate in connection with the foregoing.
B. Fund Fifteen Fourteen hereby appoints the Investment Manager as its agent and attorney-in-fact with full power, discretion and authority to make management decisions concerning the Investments and to enter into agreements and commitments, on behalf of and in the name of Fund Fifteen Fourteen and its affiliates and subsidiaries, including, without limitation, lease agreements, loan agreements, financing agreements, purchase and sale agreements, and agreements with service providers and other third parties related to the Investments. This appointment of the Investment Manager as agent and attorney-in-fact includes the full power of substitution and further includes the full power to appoint agents and subagents to enter into agreements on behalf of Fund Fifteen Fourteen and its affiliates and subsidiaries. The Investment Manager hereby agrees that the Services shall be carried out in accordance with customary and usual procedures of institutions that perform the Services, unless otherwise provided specifically in the Partnership Agreement.
C. To the extent any expenses are incurred by the Investment Manager on behalf of Fund Fifteen Fourteen and/or its subsidiaries and one or more funds or accounts managed by the Investment Manager, such expenses will be allocated, as determined by the Investment Manager in its sole discretion, between or among Fund Fifteen Fourteen and/or the subsidiaries and such other funds or accounts based on the extent to which such expenses are reasonably attributable to such entities as determined by the Investment Manager.
D. The Investment Manager shall not be required to spend any specified amount of time in performing the Services for Fund FifteenFourteen. The Investment Manager shall be required to devote only such time and attention to the performance of the Services as it, in its sole discretion, deems necessary to carry out the purposes of this Agreement.
E. Notwithstanding anything to the contrary in this Agreement, the Investment Manager may engage in or possess an interest in, directly or indirectly, any other present or future business venture of any nature or description for its own account, independently or with others, including, but not limited to, any aspect of the equipment leasing and finance business or any other business engaged in by Fund Fifteen Fourteen and may become the managing member, investment manager or general partner in other entities and neither Fund Fifteen Fourteen nor any of its Partners shall have any rights in or to such independent venture or the income or profits derived or received therefrom.
Appears in 1 contract
Samples: Investment Management Agreement (ICON Equipment & Corporate Infrastructure Fund Fourteen, L.P.)
ADVICE AND SERVICES. A. The Investment Manager shall provide Fund Fifteen Fourteen with advice and services as may be requested or required by Fund Fifteen Fourteen to manage the Investments and operate Fund FifteenFourteen, which advice and services (collectively, the “Services”) shall include, without limitation, the following:
i) Provide advice, analysis (including credit and Capital Asset analysis and other due diligence), and recommendations with respect to the origination, investigationinvestigation not exactly, structuring, financing, acquisition, monitoring, syndication, remarketing, extending, renewing, renewing and disposing of potential and existing Investments;
ii) Prepare and review and supervise the preparation and review of all agreements, certificates, amendments, notices, instruments, and other documents required to acquire, manage, finance, syndicate, remarket or dispose of any Investment or potential Investment;
iii) Provide accounting, finance, financial reporting, legal, tax, investor relations, portfolio and asset management, treasury, marketing, receivables and payables management, and other administrative services with respect to existing and potential Investments and the operations of Fund FifteenFourteen; and
iv) Provide such additional assistance and services to, and develop, license, and/or acquire such systems and software for the benefit of, Fund Fifteen Fourteen as the general partner of Fund Fifteen Fourteen may reasonably request or deem appropriate in connection with the foregoing.
B. Fund Fifteen Fourteen hereby appoints the Investment Manager as its agent and attorney-in-fact with full power, discretion and authority to make management decisions concerning the Investments and to enter into agreements and commitments, on behalf of and in the name of Fund Fifteen Fourteen and its affiliates and subsidiaries, including, without limitation, lease agreements, loan agreements, financing agreements, purchase and sale agreements, and agreements with service providers and other third parties related to the Investments. This appointment of the Investment Manager as agent and attorney-in-fact includes the full power of substitution and further includes the full power to appoint agents and subagents to enter into agreements on behalf of Fund Fifteen Fourteen and its affiliates and subsidiaries. .
C. The Investment Manager hereby agrees that the Services shall be carried out in accordance with customary and usual procedures of institutions that perform the Services, unless otherwise provided specifically in the Partnership Agreement.
C. D. To the extent any expenses are incurred by the Investment Manager on behalf of Fund Fifteen Fourteen and/or its subsidiaries and one or more funds or accounts managed by the Investment Manager, such expenses will be allocated, as determined by the Investment Manager in its sole discretion, between or among Fund Fifteen Fourteen and/or the subsidiaries and such other funds or accounts based on the extent to which such expenses are reasonably attributable to such entities as determined by the Investment Manager.
D. E. The Investment Manager shall not be required to spend any specified amount of time in performing the Services for Fund FifteenFourteen. The Investment Manager shall be required to devote only such time and attention to the performance of the Services as it, in its sole discretion, deems necessary to carry out the purposes of this Agreement.
E. F. Notwithstanding anything to the contrary in this Agreement, the Investment Manager may engage in or possess an interest in, directly or indirectly, any other present or future business venture of any nature or description for its own account, independently or with others, including, but not limited to, any aspect of the equipment leasing and finance business or any other business engaged in by Fund Fifteen Fourteen and may become the managing member, investment manager or general partner in other entities and neither Fund Fifteen Fourteen nor any of its Partners shall have any rights in or to such independent venture or the income or profits derived or received therefrom.
Appears in 1 contract
Samples: Investment Management Agreement (ICON Equipment & Corporate Infrastructure Fund Fourteen, L.P.)
ADVICE AND SERVICES. A. The Investment Manager shall provide Fund Fifteen Sixteen with advice and services as may be requested or required by Fund Fifteen Sixteen to manage the Investments and operate Fund FifteenSixteen, which advice and services (collectively, the “Services”) shall include, without limitation, the following:
i) Provide advice, analysis (including credit and Capital Asset analysis and other due diligence), and recommendations with respect to the origination, investigation, structuring, financing, acquisition, monitoring, syndication, remarketing, extending, renewing, and disposing of potential and existing Investments;
ii) Prepare and review and supervise the preparation and review of all agreements, certificates, amendments, notices, instruments, and other documents required to acquire, manage, finance, syndicate, remarket or dispose of any Investment or potential Investment;
iii) Provide accounting, finance, financial reporting, legal, tax, investor relations, portfolio and asset management, treasury, marketing, receivables and payables management, and other administrative management services with respect to existing and potential Investments and the operations of Fund FifteenInvestments; and
iv) Provide such additional assistance and services to, and develop, license, and/or acquire such systems and software for the benefit of, Fund Fifteen Sixteen as the general partner of Fund Fifteen may reasonably request or deem Investment Manager deems appropriate in connection with the foregoing.
B. Fund Fifteen Sixteen hereby appoints the Investment Manager as its agent and attorney-in-fact with full power, discretion and authority to make management decisions concerning the Investments and to enter into agreements and commitments, on behalf of and in the name of Fund Fifteen Sixteen and its affiliates and subsidiaries, including, without limitation, lease agreements, loan agreements, financing agreements, purchase and sale agreements, and agreements with service providers and other third parties related to the Investments. This appointment of the Investment Manager as agent and attorney-in-fact includes the full power of substitution and further includes the full power to appoint agents and subagents to enter into agreements on behalf of Fund Fifteen Sixteen and its affiliates and subsidiaries. The Investment Manager hereby agrees that the Services shall be carried out in accordance with customary and usual procedures of institutions that perform the Services, unless otherwise provided specifically in the Partnership Trust Agreement.
C. To the extent any expenses are incurred by the Investment Manager on behalf of Fund Fifteen Sixteen and/or its subsidiaries and one or more funds or accounts managed by the Investment Manager, such expenses will be allocated, as determined by the Investment Manager in its sole discretion, between or among Fund Fifteen Sixteen and/or the subsidiaries and such other funds or accounts based on the extent to which such expenses are reasonably attributable to such entities as determined by the Investment Manager.
D. The Investment Manager shall not be required to spend any specified amount of time in performing the Services for Fund FifteenSixteen. The Investment Manager shall be required to devote only such time and attention to the performance of the Services as it, in its sole discretion, deems necessary to carry out the purposes of this Agreement.
E. Notwithstanding anything to the contrary in this Agreement, the Investment Manager may engage in or possess an interest in, directly or indirectly, any other present or future business venture of any nature or description for its own account, independently or with others, including, but not limited to, any aspect of the equipment leasing and finance business or any other business engaged in by Fund Fifteen Sixteen and may become the managing member, investment manager or general partner in other entities and neither Fund Fifteen Sixteen nor any of its Partners Shareholders shall have any rights in or to such independent venture or the income or profits derived or received therefrom.
Appears in 1 contract
Samples: Investment Management Agreement (ICON ECI Fund Sixteen)