Advisor’s Duties. (a) The Advisor will trade “commodities” (as defined in §1(g) below) for the Account, pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor’s activities for the Partnership shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or any other trader for the Partnership. (b) The Advisor will use its best efforts to generate profits for the Account, but makes no assurance that the Account will be profitable or not incur losses. (c) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time to time, the Advisor will manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under management. (d) If position limits restrict the number of positions the Advisor may establish for the Account, it will use its best efforts to allocate transaction orders equitably between the Account and the other accounts it manages. (e) The Advisor will place orders for the Account through Calyon Financial, Inc. or such futures commission merchants as is mutually agreed upon by the Advisor and the General Partner, (the “FCM”). The Advisor may select its own executing and/or floor brokers for execution of trades and give-up to the FCM. The Advisor is not responsible for the brokerage commission rates charged to the Partnership by the FCMs which execute commodity transactions for the Account. All purchases and sales of commodities for the Account shall be for the account and at the risk of the Partnership. All commissions and expenses arising from the trading of, or other transactions in the course of the administration of, the Account shall be charged to the Partnership. (f) The Advisor will promptly advise the General Partner of any occurrence that renders the Disclosure Document materially inaccurate or materially incomplete, whether as of the date of the Disclosure Document or a later date. The Advisor will promptly furnish the General Partner with a copy of any updated or revised version of the Disclosure Document. (g) As used in this Agreement, the terms “commodities” and “commodity transactions” shall mean and include, without limitation, commodities, commodity futures contracts, commodity options, forward contracts and other commodity interests.
Appears in 2 contracts
Samples: Advisory Agreement (Sage Fund Lp), Advisory Agreement (Sage Fund Lp)
Advisor’s Duties. (a) The Fund hereby appoints the Advisor will as its true and lawful agent and invests with it full power and authority to trade “commodities” (as defined in §1(gSection 1(i) below) for the AccountAccount in accordance with the QIM Global Program (the “Program”), pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor’s 's activities for the Partnership Fund shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or any other trader for the PartnershipFund.
(b) The Advisor will shall use its best all reasonable efforts to generate profits for the Account, but makes no assurance that the Account will shall be profitable or not incur losses.
(c) The Advisor shall trade the Fund’s Account according to the Program at such notional trading level(s) as the Fund, through the General Partner, may notify the Advisor in writing from time to time.
(d) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time to time-to-time, the Advisor will shall manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under managementmanagement over time, taking into account the different investment mandates and investment strategies applicable to such accounts, current positions of an account, the relative capitalization and cash availability of an account, leverage ratios and other considerations.
(de) If position limits restrict the number of positions the Advisor may establish for the Account, it will shall use its best reasonable efforts to allocate transaction orders equitably between the Account and the other accounts it manages. In any event, the Advisor shall at all times use reasonable efforts to implement a fair and consistent allocation policy which aims to ensure that all clients are treated equitably and positions allocated as nearly as possible in proportion to the assets available for trading of the various accounts managed by the Advisor.
(ef) The Advisor will place may combine orders for the Fund with the Advisor’s own orders or with the orders of any other client of the Advisor. However, the Advisor will only combine orders where the Advisor reasonably considers that it is unlikely that the aggregation of orders will work overall to the Fund’s disadvantage. Such combination of orders may, on some occasions, produce a more favourable price and, on others, a less favourable price than that which the Fund would have obtained had the Fund’s order been executed separately.
(g) The Advisor shall give up trades for the Account through Calyon Financialto X.X. Xxxxxx Securities LLC or Newedge USA LLC, Inc. or such other futures commission merchants or currency forward counterparties as is mutually agreed upon by the Advisor and the General Partner, Partner (the each an “FCM”). The Advisor may select its own executing and/or floor brokers for execution of trades and give-up to the FCM. The Advisor is not responsible for the brokerage commission rates charged to the Partnership by the FCMs which execute commodity transactions for the AccountFund. All purchases and sales of commodities for the Account shall be for the account Account and at the risk of the PartnershipAccount. All commissions and expenses arising from the trading of, or other transactions in the course of the administration ofof the Account, the Account shall be charged to the PartnershipFund. The Advisor is not responsible for the actions of the FCMs, executing and/or floor brokers. The General Partner and the Fund hereby appoint the Advisor to negotiate and execute “give-up” agreements on behalf of the Fund.
(fh) The General Partner and the Fund hereby represent and warrant to the Advisor will that they have read and understood the Advisor's Due Diligence Questionnaire (the “DDQ”) current as of June 1, 2012, and are aware of the risks inherent in the Program. The Advisor shall promptly advise the General Partner of any occurrence that renders the Disclosure Document Advisor’s DDQ materially inaccurate or materially incomplete, whether as of the date of the Disclosure Document DDQ or a later date. The Advisor will promptly furnish the General Partner with a copy of any updated or revised version of the Disclosure Document.
(gi) As used in this Agreement, the terms “commodities” and “commodity transactions” shall mean and include, without limitation, commodities, commodity futures contracts, commodity optionsforward contracts, forward swaps, options on futures contracts and other commodity interestsphysical commodities.
Appears in 2 contracts
Samples: Trading Advisory Agreement, Trading Advisory Agreement (Seneca Global Fund, L.P.)
Advisor’s Duties. (a) The Partnership hereby appoints the Advisor will as its true and lawful agent and invests with it full power and authority to trade “commodities” (as defined in §1(gSection 1(i) below) for the AccountAccount in accordance with the Aspect Diversified Program (the “Program”), pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor’s 's activities for the Partnership shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or any other trader for the Partnership.
(b) The Advisor will shall use its best all reasonable efforts to generate profits for the Account, but makes no assurance that the Account will shall be profitable or not incur losses.
(c) The Advisor shall trade the Partnership’s Account according to the Program, at a notional trading level of approximately 1.20 times (120%) the Net Assets (as defined in Section 2(b) below) of the Account, or such other level as the Partnership may notify the Advisor in writing from time to time.
(d) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time to time-to-time, the Advisor will shall manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under managementmanagement over time, taking into account the different investment mandates and investment strategies applicable to such accounts, current positions of an account, the relative capitalization and cash availability of an account, leverage ratios and other considerations.
(de) If position limits restrict the number of positions the Advisor may establish for the Account, it will shall use its best reasonable efforts to allocate transaction orders equitably between the Account and the other accounts it manages. In any event, the Advisor shall at all times use its reasonable endeavours to implement a fair and consistent allocation policy which aims to ensure that all clients are treated equitably and positions allocated as nearly as possible in proportion to the assets available for trading of the various accounts managed by the Advisor.
(ef) The Advisor will place may combine orders for the Partnership with the Advisor’s own orders or orders of any Associate of the Advisor (as defined in the FSA Rules, further details of which are provided in Section 1(l) below) or of some other person connected with the Advisor, or with the orders of any other client of the Advisor. However, the Advisor will only combine orders where the Advisor reasonably considers that it is unlikely that the aggregation of orders will work overall to the Partnership’s disadvantage. Such combination of orders may, on some occasions, produce a more favourable price and, on others, a less favourable price than that which the Partnership would have obtained had the Partnership’s order been executed separately.
(g) The Advisor shall give up trades for the Account through Calyon to Newedge Financial, Inc. or Newedge Group (UK Branch), or such futures commission merchants or currency forward counterparties as is mutually agreed upon by the Advisor and the General Partner, Partner (the “FCM”). The Advisor may select its own executing and/or floor brokers for execution of trades and give-up to the FCM. The Advisor is not responsible for the brokerage commission rates charged to the Partnership by the FCMs which execute commodity transactions for the AccountPartnership. All purchases and sales of commodities for the Account shall be for the account Account and at the risk of the PartnershipAccount. All commissions and expenses arising from the trading of, or other transactions in the course of the administration ofof the Account, the Account shall be charged to the Partnership. The Advisor is not responsible for the actions of the FCMs, executing and/or floor brokers. The General Partner and the Partnership hereby appoint the Advisor to negotiate and execute “give-up” agreements on behalf of the Partnership.
(fh) The Advisor will shall promptly advise the General Partner of any occurrence that renders the Disclosure Document (as defined below) materially inaccurate or materially incomplete, whether as of the date of the Disclosure Document or a later date. The General Partner and the Partnership hereby represent and warrant to the Advisor will that they have read and understood the Advisor's Commodity Trading Advisor Disclosure Document dated November 28, 2007 that is set out in Schedule 2 to this Agreement (as amended from time to time) (the “Disclosure Document”), as filed with the CFTC and the NFA and are aware of the risks inherent in the Program. The Advisor shall promptly furnish the General Partner with a copy of any updated or revised version of the Disclosure Document, including supplements thereto.
(gi) As used in this Agreement, the terms “commodities” and “commodity transactions” shall mean and include, without limitation, commodities, commodity futures contracts, commodity optionsforward contracts, forward swaps, options on futures contracts and physical commodities, spot (cash) commodities, currencies, financial instruments (excluding the cash management activities of the Partnership which may include certificates of deposit, U.S. Treasuries and U.S. Agency securities, commercial paper and any other commodity interestssecurities approved by the CFTC for investment of customer funds).
Appears in 2 contracts
Samples: Advisory Agreement (Aspect Global Diversified Fund LP), Advisory Agreement (Aspect Global Diversified Fund LP)
Advisor’s Duties. (a) The Advisor will trade "commodities” and engage in “commoditiescommodities transactions” (as defined in §1(g) below) ), for the Account, pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor’s 's activities for the Partnership Fund shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or any other trader for the PartnershipFund.
(b) The Advisor will use its best efforts to generate profits for the Account, but makes no assurance that the Account will be profitable or not incur losses.
(c) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time to time, the Advisor will manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under management.
(d) If position limits restrict the number of positions the Advisor may establish for the Account, it will use its best efforts to allocate transaction orders equitably between the Account and the other accounts it manages.
(e) The Advisor will place orders for the Account through Calyon FinancialNewedge USA, LLC, X.X. Xxxxxx Futures, Inc. or such other futures commission merchants merchant(s) as is mutually agreed upon by the Advisor and the General Partner, Partner (the “each an "FCM”"). The Advisor may select its own executing and/or floor brokers for execution of trades and give-give up to the FCM. The Advisor is not responsible for the brokerage commission rates charged to the Partnership Fund by the FCMs which execute FCM that executes commodity transactions for the Account. All purchases and sales of commodities for the Account shall be for the account and at the risk of the PartnershipFund. All commissions and expenses arising from the trading of, or other transactions in the course of the administration of, the Account shall be charged to the PartnershipFund.
(f) The Advisor will promptly advise the General Partner of any occurrence that renders the Disclosure Document materially inaccurate or materially incomplete, whether as of the date of the Disclosure Document or a later date. The Advisor will promptly furnish the General Partner with a copy of any updated or revised version of the Disclosure Document.
(g) As used in this Agreement, the The terms “"commodities” " and “"commodity transactions” " shall mean and include, without limitation, commodities, commodity futures contracts, commodity options, forward contracts and other commodity interests.
Appears in 1 contract
Samples: Trading Advisory Agreement (Aspect Global Diversified Fund LP)
Advisor’s Duties. (a) The Advisor will trade “"commodities” " (as defined in §1(gss.1(g) below) for the Account, pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor’s 's activities for the Partnership shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or Partner, any other trader for the Partnership.
(b) Subject to the provisions of this Agreement, the Account will be managed on a pari passu basis with the portfolio of the DKR Quantitative Strategies Program (the "Program"), as described in Appendix I attached hereto; provided, however, that notwithstanding anything to the contrary herein, the Partnership acknowledges that investments for the Account may not be made on a pari passu basis, due to, among other things, differing liquidity needs with respect to withdrawal requests, different tax situations, and the testing of new strategies which may be practical or appropriate only for certain accounts.
(c) The Advisor will use its best reasonable efforts to generate profits for the Account, but makes no assurance that the Account will be profitable or not incur losses.
(cd) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time to time, the Advisor will manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under management.
(de) If position limits restrict the number of positions the Advisor may establish for the Account, it will use its best reasonable efforts to allocate transaction orders equitably between the Account and the other accounts it manages.
(ef) The Advisor will place orders for the Account through Calyon Financial, Financial Inc. or such futures commission merchants as is mutually agreed upon by the Advisor and the General Partner, Partner (the “"FCM”"). The Advisor may select its own executing and/or floor brokers for execution of trades and give-up to the FCM. The Advisor is not responsible for the brokerage commission rates charged to the Partnership by the FCMs which execute commodity transactions for the Account. All purchases and sales of commodities for the Account shall be for the account and at the risk of the Partnership. All commissions and expenses arising from the trading of, or other transactions in the course of the administration of, the Account shall be charged to the Partnership.
(fg) The Advisor has provided information to the Partnership and the General Partner which has been included in the Private Offering Memorandum of the Partnership dated December 1, 2004. The Advisor will promptly advise the General Partner of any occurrence that renders this Agreement or the Disclosure Document information on the Advisor contained in the Private Offering Memorandum of the Partnership materially inaccurate or materially incomplete, whether as of the date of the Disclosure Document this Agreement or at a later date. The Advisor will promptly furnish the General Partner with a copy of any updated or revised version of the Disclosure Document.
(gh) As used in this Agreement, the terms “"commodities” " and “"commodity transactions” " shall mean and include, without limitation, commodities, commodity futures contracts, commodity options, forward contracts and other commodity interests.
Appears in 1 contract
Advisor’s Duties. (a) The Advisor will trade “"commodities” " (as defined in §1(gss.1(g) below) for the Account, pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor’s 's activities for the Partnership shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or Partner, any other trader for the Partnership.
(b) The Advisor will use its best efforts to generate profits for the Account, but makes no assurance that the Account will be profitable or not incur losses.
(c) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time to time, the Advisor will manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under management.
(d) If if position limits restrict the number of positions the Advisor may establish for the Account, it will use its best efforts to allocate transaction orders equitably between the Account and the other accounts it manages.
(e) The Advisor will place orders for the Account through Calyon FinancialING Futures and Options, Inc. or such futures commission merchants as is mutually agreed upon by the Advisor and the General Partner, (the “"FCM”"). The Advisor may select its own executing and/or floor brokers for execution of trades and give-up to the FCM. The Advisor is not responsible for the brokerage commission rates charged to the Partnership by the FCMs which execute commodity transactions for the Account. All purchases and sales of commodities for the Account shall be for the account and at the risk of the Partnership. All commissions and expenses arising from the trading of, or other transactions in the course of the administration of, the Account shall be charged to the Partnership.
(f) The Advisor will promptly advise the General Partner of any occurrence that renders the Disclosure Document materially inaccurate or materially incomplete, whether as of the date of the Disclosure Document or a later date. The Advisor will promptly furnish the General Partner with a copy of any updated or revised version of the Disclosure Document.
(g) As used in this Agreement, the terms “"commodities” " and “"commodity transactions” " shall mean and include, without limitation, commodities, commodity futures contracts, commodity options, forward contracts contracts, currencies, and other commodity interests.
Appears in 1 contract
Advisor’s Duties. (a) The Advisor will trade “"commodities” " (as defined in §1(gss.l(g) below) for the Account, pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor’s 's activities for the Partnership shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or Partner, any other trader for the Partnership.
(b) The Advisor will use its best efforts to generate profits for the Account, but makes no assurance that the Account will be profitable or not incur losses.
(c) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time to time, the Advisor will manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under management.
(d) If position limits restrict the number of positions the Advisor may establish for the Account, it will use its best efforts to allocate transaction orders equitably between the Account and the other accounts it manages.
(e) The Advisor will place orders for the Account through Calyon FinancialING Futures and Options, Inc. or such futures commission merchants as is mutually agreed upon by the Advisor and the General Partner, (the “"FCM”"). The Advisor may select its own executing and/or floor brokers for execution of trades and give-up to the FCM. The Advisor is not responsible for the brokerage commission rates charged to the Partnership by the FCMs which execute commodity transactions for the Account. All purchases and sales of commodities for the Account shall be for the account and at the risk of the Partnership. All commissions and expenses arising from the trading of, or other transactions in the course of the administration of, the Account shall be charged to the Partnership.
(f) The Advisor will promptly advise the General Partner of any occurrence that renders the Disclosure Document materially inaccurate or materially incomplete, whether as of the date of the Disclosure Document or a later date. The Advisor will promptly furnish the General Partner with a copy of any updated or revised version of the Disclosure Document.
(g) As used in this Agreement, the terms “"commodities” " and “"commodity transactions” " shall mean and include, without limitation, commodities, commodity futures contracts, commodity options, forward contracts and other commodity interests.
Appears in 1 contract
Advisor’s Duties. (a) The Advisor will trade “"commodities” " (as defined in §1(gss.1(g) below) for the Account, pursuant to the terms and conditions of this Agreement. However, nothing in this Agreement or in the Advisor’s 's activities for the Partnership shall cause the Advisor to be a partner of, joint venturer with or have a similar relationship to the General Partner or Partner, any other trader for the Partnership.
(b) The Advisor will use its best efforts to generate profits for the Account, but makes no assurance or guarantee that the Account will be profitable or not incur losses.
(c) In managing the Account pursuant to this Agreement and all other accounts which the Advisor manages from time to time, the Advisor will manage the Account and all such other similar accounts in a good faith effort to achieve an equitable treatment of all accounts under management.
(d) If position limits restrict the number of positions the Advisor may establish for the Account, it will use its best efforts to allocate transaction orders equitably between the Account and the other accounts it manages.
(e) The Advisor will place orders for the Account through Calyon FinancialXxxx Futures, Inc. or such futures commission merchants as is mutually agreed upon by the Advisor and the General Partner, (the “"FCM”"). In addition, the Advisor may execute transactions on behalf of the Partnership through such additional executing brokers as may be selected by the Advisor ("Executing Brokers"). The Advisor may select its own executing and/or floor brokers make and execute all such documents and take all such other actions necessary or appropriate to execute transactions with Executing Brokers, including without limitation, contracting on the Partnership's behalf as agent for execution the Partnership; provided, however, that the Advisor as soon as reasonably practical will forward by fax and courier copies of trades and give-up to any documents entered into with Executing Brokers by the FCMAdvisor on behalf of the Partnership. The Advisor is not responsible for the brokerage commission rates charged to the Partnership by the FCMs which execute commodity transactions for the Account. All purchases and sales of commodities for the Account shall be for the account and at the risk of the Partnership. All commissions and expenses arising from the trading of, or other transactions in the course of the administration of, the Account shall be charged to the Partnership.
(f) The Advisor will promptly advise the General Partner of any occurrence that renders the Disclosure Document materially inaccurate or materially incomplete, whether as of the date of the Disclosure Document or a later date. The Advisor will promptly furnish the General Partner with a copy of any updated or revised version of the Disclosure Document.
(g) As used in this Agreement, the terms “"commodities” " and “"commodity transactions” " shall mean and include, without limitation, commodities, commodity futures contracts, commodity options, forward contracts and other commodity interests.
Appears in 1 contract