Affiliated Funds Sample Clauses

Affiliated Funds. Any Available Units so purchased by a Senior Commitment Party (and any commitment and applicable aggregate Per Unit Purchase Price associated therewith) shall be included, among other things, in the determination of (x) the Common Units to be purchased by such Senior Commitment Party for all purposes hereunder and (y) the Commitment Percentage of such Senior Commitment Party for purposes of Section 2.3(e), Section 2.4(b), Section 3.1
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Affiliated Funds. Certain inherent conflicts of interest arise from the fact that Third Point, TP GP and their respective Affiliates, owners, members, principals, officers and/or employees (collectively, the “Third Point Group”) provide investment management services to the Managed Accounts. The Joint Venture will have no interest in the foregoing activities. While Third Point will generally provide similar recommendations to investments held by, or transactions of, the Managed Accounts, at times Third Point may provide recommendations or take action with respect to the investments held by, and transactions of, the Managed Accounts that may differ from the recommendations provided or the timing or nature of any action taken with respect to the investments held by, and transactions of, the Joint Venture, or may be detrimental to the interests of the Joint Venture, due to a variety of reasons. While the Managed Accounts often have similar or overlapping investment objectives, there can be no assurance that any Managed Accounts with similar investment objectives, programs or strategies will hold the same positions, obtain the same financing or perform in a substantially similar manner as the Joint Venture. “Proprietary” capital (investments by the Third Point Group) will not necessarily be allocated to all Managed Accounts (and/or the Joint Venture), will not necessarily be allocated based on the respective net asset values of such funds, may be more concentrated in certain of such funds, and may be “shifted” among such funds from time to time without providing any notice to investors.
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Affiliated Funds. Affiliated Funds shall mean any of UV Partners IV, L.P., UV Partners IV-A, L.P., UV Partners IV Financial Institutions Fund, L.P., Pelion Ventures V, L.P., Pelion Ventures V-A, L.P., Pelion Ventures V Financial Institutions Fund, L.P., Pelion Ventures VI, L.P., Pelion Ventures VI-A, L.P., Pelion Ventures VII, L.P. and Pelion Ventures VII Financial Institutions Fund, L.P. or any other investment vehicles managed by Pelion, Inc., the General Partner or any of their respective Affiliates.
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Affiliated Funds. The General Partner may form additional partnerships or other ownership entities ("Affiliated Funds") to accommodate investors with special legal, regulatory, tax, or other needs. The Affiliated Funds generally will invest side by side with the Partnership on any reasonable basis (expected to be in proportion to their relative Capital Contributions), and each will pay its share of expenses. The Affiliated Funds may contain terms and conditions different from the Partnership.
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Affiliated Funds. The Parties acknowledge that one or more investment vehicles that control, are controlled by, or are under common control with the Fund, or that otherwise operate under the "Sequoia Capital" name (each, an "Affiliated Fund") may currently or subsequently co-invest with the Fund. Solely with respect to those Affiliated Funds that hold debt or equity securities or instruments issued by the Company, each Affiliated Fund shall (automatically and without the need for further action) independently be entitled to all of the rights granted in this Agreement in the same manner as if such Affiliated Fund and the Company had directly entered into an agreement identical to this Agreement. The Affiliated Funds are intended third party beneficiaries of this paragraph 6.
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Affiliated Funds. An investment in the Fund is subject to a number of actual and potential conflicts of interest. Certain inherent conflicts of interest arise from the fact that the Investment Manager, the General Partner and their respective affiliates, owners, members, principals, officers and/or employees (collectively, the “Third Point Group”) provide investment management services to the Affiliated Funds. The Fund will have no interest in the foregoing activities. While the Investment Manager will generally provide similar recommendations to investments held by, or transactions of, the Affiliated Funds, at times the Investment Manager may provide recommendations or take action with respect to the investments held by, and transactions of, the Affiliated Funds that may differ from the recommendations provided or the timing or nature of any action taken with respect to the investments held by, and transactions of, the Fund, or may be detrimental to the interests of the Fund, due to a variety of reasons. While the Affiliated Funds often have similar or overlapping investment objectives, there can be no assurance that any Affiliated Funds with similar investment objectives, programs or strategies will hold the same positions, obtain the same financing or perform in a substantially similar manner as the Fund. “Proprietary” capital (investments by the Third Point Group) will not necessarily be allocated to all Affiliated Funds and/or the Fund, will not necessarily be allocated based on the respective net asset values of such funds, may be more concentrated in certain of such funds, and may be “shifted” among such funds from time to time without providing any notice to investors.
Sample 1
Affiliated Funds. Transparent Value, LLC and Guggenheim Investments, the fund manager for the investment management business of Guggenheim Partners, LLC, is an affiliate of Xxxxxxx Enterprises, Inc., the parent company of Midland National® Life Insurance Company (Midland National) and Xxxxxxx Institutional GroupSM, Inc..
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Affiliated Funds. For purposes of counting the number of shares held by the parties to this Agreement, shares held by partners, persons or entities directly, or indirectly through one or more intermediaries, controlling, controlled by or under common control with a party hereto shall by aggregated together. For so long as funds advised by Xxxxxxxx own in total the number of shares necessary to exercise the various rights set forth herein, Xxxxxxxx shall be entitled to exercise such rights on behalf of such funds.
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Related to Affiliated Funds

  • Affiliate As used in this Agreement, the term “affiliate” shall mean any entity which owns or controls, is owned or controlled by, or is under common ownership or control with, Company.

  • Affiliate or Affiliated With respect to any Person, (i) any Person directly or indirectly owning, controlling or holding, with the power to vote, ten percent (10%) or more of the outstanding voting securities of such other Person; (ii) any Person ten percent (10%) or more of whose outstanding voting securities are directly or indirectly owned, controlled or held, with the power to vote, by such other Person; (iii) any Person directly or indirectly controlling, controlled by or under common control with such other Person; (iv) any executive officer, director, trustee or general partner of such other Person; and (v) any legal entity for which such Person acts as an executive officer, director, trustee or general partner.

  • Affiliated Entities As used in this Agreement, "Company" shall include the Company and each corporation, limited liability company, partnership, or other entity that is controlled by the Company, or is under common control with the Company (in each case "control" meaning the direct or indirect ownership of 50% or more of all outstanding equity interests), provided, however, that the Executive's title need not be identical for each of the affiliated entities nor the same as that for the Company.

  • Affiliated Transactions The Company shall cause each of the Initial Stockholders to agree that, in order to minimize potential conflicts of interest which may arise from multiple affiliations, the Initial Stockholders will present to the Company for its consideration, prior to presentation to any other person or company, any suitable opportunity to acquire an operating business, until the earlier of the consummation by the Company of a Business Combination, the liquidation of the Company or until such time as the Initial Stockholders cease to be an officer or director of the Company, subject to any pre-existing fiduciary or contractual obligations the Initial Stockholders might have.

  • Affiliates The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.

  • Affiliated Group The term “Affiliated Group” shall mean any affiliated group within the meaning of Section 1504(a) of the Code or any similar group defined under a similar provision of state, local or foreign law.

  • Loans from Affiliates If any loans are made to the Company by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

  • Affiliates etc The Depositary reserves the right to utilize and retain a division or Affiliate(s) of the Depositary to direct, manage and/or execute any public and/or private sale of Shares, rights, securities, property or other entitlements hereunder and to engage in the conversion of Foreign Currency hereunder. It is anticipated that such division and/or Affiliate(s) will charge the Depositary a fee and/or commission in connection with each such transaction, and seek reimbursement of its costs and expenses related thereto. Such fees/commissions, costs and expenses, shall be deducted from amounts distributed hereunder and shall not be deemed to be fees of the Depositary under Article (9) of the Receipt or otherwise. Persons are advised that in converting foreign currency into U.S. dollars the Depositary may utilize Deutsche Bank AG or its affiliates (collectively, “DBAG”) to effect such conversion by seeking to enter into a foreign exchange (“FX”) transaction with DBAG. When converting currency, the Depositary is not acting as a fiduciary for the holders or beneficial owners of depositary receipts or any other person. Moreover, in executing FX transactions, DBAG will be acting in a principal capacity, and not as agent, fiduciary or broker, and may hold positions for its own account that are the same, similar, different or opposite to the positions of its customers, including the Depositary. When the Depositary seeks to execute an FX transaction to accomplish such conversion, customers should be aware that DBAG is a global dealer in FX for a full range of FX products and, as a result, the rate obtained in connection with any requested foreign currency conversion may be impacted by DBAG executing FX transactions for its own account or with another customer. In addition, in order to source liquidity for any FX transaction relating to any foreign currency conversion, DBAG may internally share economic terms relating to the relevant FX transaction with persons acting in a sales or trading capacity for DBAG or one of its agents. DBAG may charge fees and/or commissions to the Depositary or add a xxxx-up in connection with such conversions, which are reflected in the rate at which the foreign currency will be converted into U.S. dollars. The Depositary, its Affiliates and their agents, on their own behalf, may own and deal in any class of securities of the Company and its Affiliates and in ADSs.

  • Successor Investment Company Unless this Agreement has been terminated in accordance with Paragraph 11, the terms and provisions of this Agreement shall become automatically applicable to any investment company which is a successor to the Trust as a result of reorganization, recapitalization or change of domicile.

  • Funding by Branch Subsidiary or Affiliate Each Lender may make any Loan hereunder through an Affiliate or domestic or foreign branch of such Lender or Affiliate.

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