Allocation of Investment Opportunities. Neither the Advisor nor any of its affiliates shall be obligated to present to the Company investment opportunities that come to their attention, even if any of those opportunities may be suitable to the Company. In addition, if the Advisor shall have an investment opportunity which satisfies the investment criteria of the Company, the Advisor shall make that investment opportunity available to the Company before such opportunity is invested in by the Advisor.
Allocation of Investment Opportunities. On occasions when Portfolio Advisors deems the purchase or sale of a security to be in the best interest of the Fund as well as other clients of Portfolio Advisors, Portfolio Advisors to the extent permitted by applicable law and regulation, may, but shall be under no obligation to, aggregate the securities to be purchased or sold to attempt to obtain a more favorable price or lower brokerage commissions and efficient execution. Allocation of the securities so purchased or sold, as well as the expenses incurred in the transaction, will be made by Portfolio Advisors in the manner which Portfolio Advisors considers to be fair and equitable and consistent with its fiduciary obligations to each Fund and to its other clients over time. Nothing in this Agreement shall be deemed to confer upon Portfolio Advisors any obligation to purchase or to sell or to recommend for purchase or sale for the Fund any investment that Portfolio Advisors, its affiliates, officers or employees may purchase or sell for its or their own account or for the account of any client, if in the sole and absolute discretion of Portfolio Advisors it is for any reason impractical or undesirable to take such action or make such recommendation for the Fund. The Adviser and the Fund acknowledge that Portfolio Advisors currently makes investments, and in the future will make investments, on behalf of Portfolio Advisors-affiliated funds, for Portfolio Advisors and for other clients having investment objectives similar to those of the Fund and that in making such investments, conflicts of interests may exist. Specifically, the Adviser and the Fund acknowledge that Portfolio Advisors may act as investment manager to other clients and, to the maximum extent permitted by applicable law and regulation, may make fund investments with the same fund sponsors and in the same funds as the Fund on behalf of such other clients. Further, the Adviser and the Fund acknowledge that Portfolio Advisors’ provision of services under this Agreement may conflict with the investment management services Portfolio Advisors provides to other clients. In dealing with capacity constraints and such conflicts of interest, Portfolio Advisors shall act in accordance with Portfolio Advisors’ investment allocation policies, taking into account Portfolio Advisors’ investment mandate for the Fund, as such may be amended and/or restated from time to time in Portfolio Advisors’ sole discretion.
Allocation of Investment Opportunities. NMFC shall adopt and make available to SkyKnight an investment allocation policy (including any subsequent material amendments thereto) as is typical and customary for such policies; provided, that NMFC’s investment adviser, in lieu of NMFC, may fulfill its obligation under this Section 6.13.
Allocation of Investment Opportunities. The General Partner will determine in its sole discretion whether an investment opportunity is within the investment objectives of the Partnership. Each Limited Partner recognizes and consents that all or any portion of an investment opportunity that the General Partner determines in its sole discretion is not appropriate for the Partnership or is more appropriate for an Other Blackstone Account may be pursued by the General Partner and its Affiliates outside of the Partnership. Each Limited Partner acknowledges that Blackstone currently invests third-party capital in a wide variety of investment opportunities on a global basis through its various investment funds (including Other Blackstone Accounts), some of which will have investment objectives that overlap with those of the Partnership. Other Blackstone Accounts that have investment objectives or guidelines that overlap with those of the Partnership may receive priority with respect to any investment opportunity that falls within such common objectives or guidelines or such investment opportunity may be allocated in any manner deemed appropriate by Blackstone in its sole discretion.
Allocation of Investment Opportunities. The Issuer understands and agrees that the Portfolio Manager performs investment management services for various persons and entities and may take action with respect to any of such persons or entities which may differ from any actions taken (or from the timing or nature of actions taken) with respect to, or on behalf of, the Issuer. The Portfolio Manager shall not be obligated to purchase or sell for the Issuer securities which the Portfolio Manager may purchase or sell for itself or for the portfolios of other persons and entities, if the Portfolio Manager in its sole discretion deems that such investment or transaction appears unsuitable, impractical, improper, ill-advised, or undesirable for the Issuer.
Allocation of Investment Opportunities. It is the Manager’s policy to treat each Client in a fair and equitable manner, depending on the particular facts and circumstances and the needs and financial objectives of each Client, such that allocations are not based upon account performance, applicable fee structures or the appearance of otherwise preferential treatment. The Manager shall avoid any action that could result in an unfair or inequitable disadvantage to any Client, presenting to each Client all privately negotiated investment opportunities that the Manager reasonably believes to be suitable for the Client. Notwithstanding the foregoing, the Manager will not be required to offer a Client the opportunity to invest in any investments of any existing Client.
Allocation of Investment Opportunities. It is understood that we perform investment advisory services for various clients. You agree that we may give advice and take action with respect to our other clients which may differ from the advice we give you or differ as to the timing or nature of action we take with respect to your portfolio. It is our policy and practice not to intentionally favour or disfavour consistently or consciously any client or class of clients in the allocation of investment opportunities, so that to the greatest extent practical, such opportunities will be allocated among clients over a period of time on a fair and equitable basis (see Policy of Fairness in Allocating Investment Opportunities for more information).
Allocation of Investment Opportunities. The Company and the Manager agree that to the extent the Company provides management services to Third Parties with investment objectives similar to the Company, and the Manager identifies an investment opportunity or opportunities suitable for the Company and one or more Third Parties, and such investment is of a size that requires an allocation of such investment between the Company and one or more Third Parties, the Manager will allocate such investment in a fair and equitable manner and will take into account the following considerations: (i) the primary investment strategy and the particular stage in portfolio development within each company managed by the Manager; (ii) the effect of the potential acquisition on the diversification of each company’s portfolio’s investments by coupon, purchase price, size, prepayment characteristics, and leverage; (iii) the cash requirements of each company’s portfolio; (iv) the anticipated cash flow of each company’s portfolio; and (iv) the amount of funds available to each company’s portfolio and the length of time such funds have been available for investment. The parties hereto acknowledge that information and recommendations provided by the Manager to the Company may be different from the information and recommendations supplied by the Manager or its Affiliates to Third Parties. The Company shall be entitled to equitable treatment under the circumstances in receiving information, recommendations and any other services, but the Company recognizes that it is not entitled to receive preferential treatment as compared with the treatment given by the Manager to any Third Parties. On a quarterly basis, subject to preexisting contractual confidentiality obligations owed by the Manager to Third Parties, the Manager will provide to the Independent Directors all information available or reasonably requested by the Independent Directors with respect to allocation decisions the Manager has made to allocate investment opportunities between the Company and Third Parties, if any, and discuss with the Independent Directors the portfolio needs of each managed company for the next quarter to determine prospectively whether any asset allocation conflict is likely to occur and the proposed resolution of any such conflict.
Allocation of Investment Opportunities. Investment opportunities shall be allocated between the Partnership and other entities in a fair and equitable manner and utilizing a methodology based upon the General Partner’s allocation policy consistent with the provisions of the Partnership Agreement.
Allocation of Investment Opportunities. The Partnership, SR Mezz and SteepRock acknowledge and agree that (i) as part of KKR’s regular businesses, personnel of KREF and its Affiliates may from time-to-time work on other projects and matters (including with respect to one or more Other KKR Funds), and that conflicts may arise with respect to the allocation of personnel between the Partnership or SR Mezz and one or more Other KKR Funds and/or KREF and such other Affiliates, (ii) there may be circumstances where investments that are consistent with the Partnership’s or SR Mezz’s investment guidelines may be shared with or allocated to one or more Other KKR Funds (in lieu of the Partnership or SR Mezz), (iii) Other KKR Funds may invest, from time-to-time, in investments in which the Partnership or SR Mezz may also invest (including at a different level of an issuer’s capital structure (e.g., an investment by an Other KKR Fund in an equity or mezzanine interest with respect to the same portfolio entity in which the Partnership or SR Mezz owns a debt interest or vice versa) or in a different tranche of fundraising with respect to an issuer in which the Partnership or SR Mezz has an interest) and, such transactions shall not be required to be presented to the Partnership or SR Mezz for approval, and there can be no assurance that any such conflicts will be resolved in favor of the Partnership or SR Mezz, (iv) KREF and its Affiliates may from time-to-time receive fees from portfolio entities or other issuers for the arranging, underwriting, syndication or refinancing of investments or other additional fees, including acquisition fees, loan servicing fees, special servicing fees and administrative fees and fees or advisory or asset management fees, including with respect to Other KKR Funds and related portfolio entities, and while such fees may give rise to conflicts of interest neither the Partnership nor SR Mezz will receive the benefit of any such fees, and (v) the terms and conditions of the governing agreements of such Other KKR Funds (including with respect to the economic, reporting, and other rights afforded to investors in such Other KKR Funds) are materially different from the terms and conditions applicable to the Partnership, SR Mezz and their respective equity holders, and neither K Partnership, SR Mezz nor any such equity holders (in such capacity) shall have the right to receive the benefit of any such different terms applicable to investors in such Other KKR Funds as a result of an invest...
