Common use of APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES Clause in Contracts

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively “BAC”) or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s capital with BAC or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s assets (in addition to the interest which BAC will credit to this FuturesAccess Fund’s account). In addition, the Sponsor may maintain this FuturesAccess Fund’s assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect FuturesAccess LLC

Appears in 7 contracts

Samples: Limited Liability Company Operating Agreement (Aspect FuturesAccess LLC), Limited Liability Company Operating Agreement (Aspect FuturesAccess LLC), Limited Liability Company Operating Agreement (Aspect FuturesAccess LLC)

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APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively “BAC”) or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s capital with BAC or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s assets (in addition to the interest which BAC will credit to this FuturesAccess Fund’s account). In addition, the Sponsor may maintain this FuturesAccess Fund’s assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect XX Xxxxxx FuturesAccess LLC

Appears in 6 contracts

Samples: Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC), Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC), Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively “BAC”) or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s capital with BAC or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s assets (in addition to the interest which BAC will credit to this FuturesAccess Fund’s account). In addition, the Sponsor may maintain this FuturesAccess Fund’s assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect FuturesAccess LLC.

Appears in 6 contracts

Samples: Operating Agreement (ML BlueTrend FuturesAccess LLC), Operating Agreement (ML BlueTrend FuturesAccess LLC), Operating Agreement (ML BlueTrend FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively such affiliates being hereafter referred to as BACXxxxxxx Xxxxx”) or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC Xxxxxxx Xxxxx unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s capital with BAC Xxxxxxx Xxxxx or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC Xxxxxxx Xxxxx will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s assets (in addition to the interest which BAC Xxxxxxx Xxxxx will credit to this FuturesAccess Fund’s account). In addition, the Sponsor may maintain this FuturesAccess Fund’s assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect FuturesAccess LLC.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (ML Aspect FuturesAccess LLC), Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC), Limited Liability Company Operating Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively "BAC") or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s 's capital with BAC or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC will credit to this FuturesAccess Fund’s 's account). In addition, the Sponsor may maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s 's assets. Aspect FuturesAccess LLC.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Aspect FuturesAccess LLC), Operating Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC), Limited Liability Company Operating Agreement (Aspect FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s trading and investing as described in the Confidential Program Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively such affiliates being hereafter referred to as BACMxxxxxx Lxxxx”) or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC Mxxxxxx Lxxxx unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s capital with BAC Mxxxxxx Lxxxx or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Confidential Program Disclosure Document, all Investors acknowledging that BAC Mxxxxxx Lxxxx will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s assets (in addition to the interest which BAC Mxxxxxx Lxxxx will credit to this FuturesAccess Fund’s account). In additionThe Mxxxxxx Lxxxx FuturesAccessSM Funds General Form of Operating Agreement Dated as of April 1, the Sponsor may maintain this FuturesAccess Fund’s assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect FuturesAccess LLC2007

Appears in 2 contracts

Samples: Operating Agreement (ML Chesapeake FuturesAccess LLC), Operating Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively “BAC”) or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s capital with BAC or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s assets (in addition to the interest which BAC will credit to this FuturesAccess Fund’s account). In addition, the Sponsor may maintain this FuturesAccess Fund’s assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect FuturesAccess LLCthird

Appears in 2 contracts

Samples: Operating Agreement (Highbridge Commodities FuturesAccess LLC), Operating Agreement (Highbridge Commodities FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively "BAC") or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s 's capital with BAC or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC will credit to this FuturesAccess Fund’s 's account). In addition, the Sponsor may maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect XX Xxxxxx FuturesAccess LLC

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC), Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively “BAC”) or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s capital with BAC or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s assets (in addition to the interest which BAC will credit to this FuturesAccess Fund’s account). In addition, the Sponsor may maintain this FuturesAccess Fund’s assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect FuturesAccess LLCso

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC), Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively "BAC") or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s 's capital with BAC or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC will credit to this FuturesAccess Fund’s 's account). In addition, the Sponsor may maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s 's assets. Aspect ML Transtrend DTP Enhanced FuturesAccess LLCLLC Third Amended and Restated Limited Liability Company Operating Agreement Dated as of November 30, 2012

Appears in 2 contracts

Samples: Operating Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC), Operating Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor Manager shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Confidential Program Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements agreements, securities and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor Manager (the Sponsor Manager and its affiliates, including Bank of America Corporation, collectively “BAC”such affiliates being hereafter referred to as "Merrill Lynch") or third parties. The sole clearing broker and the principal forward xxxxxxxax xxxward trading counterparty for this FuturesAccess Fund shall be BAC Merrill Lynch unless the Sponsor Manager otherwise determines. This FuturesAccess Fund shall deposit sxxxx xxpxxxx all or substantially all of this FuturesAccess Fund’s 's capital with BAC Merrill Lynch or any other clearing brokers selected by the Sponsor pursuant to Manager xxxxxxnx xx the arrangements described in the Confidential Program Disclosure Document, all Investors acknowledging that BAC Merrill Lynch will not only receive futures brokerage commissions and bidaxx xxx-ask spreads axx xxreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC Merrill Lynch will credit to this FuturesAccess Fund’s 's account). In addition, the Sponsor may Xxxxxxr xxx maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, with one or more affiliates of the SponsorManager, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor Manager nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor Manager or any such affiliate may derive from possession of this FuturesAccess Fund’s 's assets. Aspect FuturesAccess LLC.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (ML Aspect FuturesAccess LLC), Limited Liability Company Operating Agreement (ML Appleton FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s trading and investing as described in the Confidential Program Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements agreements, and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively such affiliates being hereafter referred to as BACXxxxxxx Xxxxx”) or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC Xxxxxxx Xxxxx unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s capital with BAC Xxxxxxx Xxxxx or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Confidential Program Disclosure Document, all Investors acknowledging that BAC Xxxxxxx Xxxxx will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s assets (in addition to the interest which BAC Xxxxxxx Xxxxx will credit to this FuturesAccess Fund’s account). In addition, the Sponsor may maintain this FuturesAccess Fund’s assets in deposit or similar accounts with, or in money market funds operated by, with one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect ML BlueTrend FuturesAccess LLCLLC Limited Liability Company Operating Agreement Dated as of May 15, 2008

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (ML BlueTrend FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively "BAC") or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s 's capital with BAC or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC will credit to this FuturesAccess Fund’s 's account). In addition, the Sponsor may maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect MX Xxxxxx FuturesAccess LLC

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC)

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APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively such affiliates being hereafter referred to as BACXxxxxxx Xxxxx”) or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC Xxxxxxx Xxxxx unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s capital with BAC Xxxxxxx Xxxxx or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC Xxxxxxx Xxxxx will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s assets (in addition to the interest which BAC Xxxxxxx Xxxxx will credit to this FuturesAccess Fund’s account). In addition, the Sponsor may maintain this FuturesAccess Fund’s assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect Man AHL FuturesAccess LLCLLC Limited Liability Company Operating Agreement Dated as of July 23, 2010

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Man AHL FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Confidential Program Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements agreements, and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively “BAC”such affiliates being hereafter referred to as "Merrill Lynch") or third parties. The sole clearing broker and the principal forward xxxxxxxax xxxward trading counterparty for this FuturesAccess Fund shall be BAC Merrill Lynch unless the Sponsor otherwise determines. This FuturesAccess Fund FuturexXxxxxx Xxxx shall deposit all or substantially all of this FuturesAccess Fund’s 's capital with BAC Merrill Lynch or any other clearing brokers selected by the Sponsor pursuant to xxxxxxnx xx the arrangements described in the Confidential Program Disclosure Document, all Investors acknowledging that BAC Merrill Lynch will not only receive futures brokerage commissions and bidaxx xxx-ask spreads axx xxreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC Merrill Lynch will credit to this FuturesAccess Fund’s 's account). In additionxxxxxxox, the xxe Sponsor may maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, with one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s 's assets. Aspect ML Transtrend DTP Enhanced FuturesAccess LLCLLC Limited Liability Company Operating Agreement Dated as of March 8, 2007

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor Manager shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Confidential Program Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements agreements, securities and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor Manager (the Sponsor Manager and its affiliates, including Bank of America Corporation, collectively “BAC”such affiliates being hereafter referred to as "Xxxxxxx Xxxxx") or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC Xxxxxxx Xxxxx unless the Sponsor Manager otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s 's capital with BAC Xxxxxxx Xxxxx or any other clearing brokers selected by the Sponsor Manager pursuant to the arrangements described in the Confidential Program Disclosure Document, all Investors acknowledging that BAC Xxxxxxx Xxxxx will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC Xxxxxxx Xxxxx will credit to this FuturesAccess Fund’s 's account). In addition, the Sponsor Manager may maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, with one or more affiliates of the SponsorManager, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor Manager nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor Manager or any such affiliate may derive from possession of this FuturesAccess Fund’s 's assets. Aspect FuturesAccess LLC.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s trading and investing as described in the Confidential Program Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively such affiliates being hereafter referred to as BACXxxxxxx Xxxxx”) or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC Xxxxxxx Xxxxx unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s capital with BAC Xxxxxxx Xxxxx or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Confidential Program Disclosure Document, all Investors acknowledging that BAC Xxxxxxx Xxxxx will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s assets (in addition to the interest which BAC Xxxxxxx Xxxxx will credit to this FuturesAccess Fund’s The Xxxxxxx Xxxxx FuturesAccessSM Funds General Form of Operating Agreement Dated as of April 1, 2007 account). In addition, the Sponsor may maintain this FuturesAccess Fund’s assets in deposit or similar accounts with, or in money market funds operated by, with one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s assets. Aspect FuturesAccess LLC.

Appears in 1 contract

Samples: Operating Agreement (ML Man Bayswater FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Confidential Program Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements agreements, and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively “BAC”such affiliates being hereafter referred to as "Merrill Lynch") or third parties. The sole clearing broker and the principal forward pxxxxxxxl xxxxard trading counterparty for this FuturesAccess Fund shall be BAC Merrill Lynch unless the Sponsor otherwise determines. This FuturesAccess Fund shall FuturesXxxxxx Fxxx xhall deposit all or substantially all of this FuturesAccess Fund’s 's capital with BAC Merrill Lynch or any other clearing brokers selected by the Sponsor pursuant to the xxxxxxxt xx xhe arrangements described in the Confidential Program Disclosure Document, all Investors acknowledging that BAC Merrill Lynch will not only receive futures brokerage commissions and bidanx xxx-ask spreads xsx xxxeads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC Merrill Lynch will credit to this FuturesAccess Fund’s 's account). In additionxxxxxxxn, the xxx Sponsor may maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, with one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s 's assets. Aspect ML Chesapeake FuturesAccess LLCLLC Limited Liability Company Operating Agreement Dated as of March 8, 2007

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (ML Chesapeake FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor Manager shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Confidential Program Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements agreements, securities and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor Manager (the Sponsor Manager and its affiliates, including Bank of America Corporation, collectively “BAC”such affiliates being hereafter referred to as "Merrill Lynch") or third parties. The sole clearing broker and the principal forward xxxxxxpxx xxrward trading counterparty for this FuturesAccess Fund shall be BAC Merrill Lynch unless the Sponsor Manager otherwise determines. This FuturesAccess Fund shall deposit xxxxx xexxxxx all or substantially all of this FuturesAccess Fund’s 's capital with BAC Merrill Lynch or any other clearing brokers selected by the Sponsor pursuant to Managex xxxxxaxx xx the arrangements described in the Confidential Program Disclosure Document, all Investors acknowledging that BAC Merrill Lynch will not only receive futures brokerage commissions and bidxxx xxx-ask spreads xxx xpreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC Merrill Lynch will credit to this FuturesAccess Fund’s 's account). In addition, the Sponsor may thx Xxxxxex xxx maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, with one or more affiliates of the SponsorManager, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor Manager nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor Manager or any such affiliate may derive from possession of this FuturesAccess Fund’s 's assets. Aspect FuturesAccess LLC.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (ML Cornerstone FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively "BAC") or third parties. The sole clearing broker and the principal forward trading counterparty for this FuturesAccess Fund shall be BAC unless the Sponsor otherwise determines. This FuturesAccess Fund shall deposit all or substantially all of this FuturesAccess Fund’s 's capital with BAC or any other clearing brokers selected by the Sponsor pursuant to the arrangements described in the Disclosure Document, all Investors acknowledging that BAC will not only receive futures brokerage commissions and bid-ask spreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC will credit to this FuturesAccess Fund’s 's account). In addition, the Sponsor may maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s 's assets. Aspect ML Transtrend DTP Enhanced FuturesAccess LLCLLC Second Amended and Restated Limited Liability Company Operating Agreement Dated as of February 29, 2012

Appears in 1 contract

Samples: Operating Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC)

APPOINTMENT OF THE TRADING ADVISOR; INVESTMENT OF CASH RESERVES. The Sponsor shall appoint the Trading Advisor to have discretionary authority over this FuturesAccess Fund’s 's trading and investing as described in the Confidential Program Disclosure Document. This FuturesAccess Fund may execute transactions in commodity interests, currency interests, swap agreements agreements, and any other manner of instruments, on either a principal or an agency basis, with or through affiliates of the Sponsor (the Sponsor and its affiliates, including Bank of America Corporation, collectively “BAC”such affiliates being hereafter referred to as "Merrill Lynch") or third parties. The sole clearing broker and the principal forward xxxxxxxax xxxward trading counterparty for this FuturesAccess Fund shall be BAC Merrill Lynch unless the Sponsor otherwise determines. This FuturesAccess Fund FuturexXxxxxx Xxxx shall deposit all or substantially all of this FuturesAccess Fund’s 's capital with BAC Merrill Lynch or any other clearing brokers selected by the Sponsor pursuant to xxxxxxnx xx the arrangements described in the Confidential Program Disclosure Document, all Investors acknowledging that BAC Merrill Lynch will not only receive futures brokerage commissions and bidaxx xxx-ask spreads axx xxreads from this FuturesAccess Fund but also will retain significant economic benefits from the possession of this FuturesAccess Fund’s 's assets (in addition to the interest which BAC Merrill Lynch will credit to this FuturesAccess Fund’s 's account). In additionxxxxxxox, the xxe Sponsor may maintain this FuturesAccess Fund’s 's assets in deposit or similar accounts with, or in money market funds operated by, with one or more affiliates of the Sponsor, which affiliates may benefit from the possession of such assets, as well as with unaffiliated entities. The interest paid by such affiliated and unaffiliated entities on this FuturesAccess Fund’s 's cash so invested will be paid to this FuturesAccess Fund. However, neither the Sponsor nor any of its affiliates (or any third parties) will be obligated to account to this FuturesAccess Fund or any Investor for any additional economic benefits which the Sponsor or any such affiliate may derive from possession of this FuturesAccess Fund’s 's assets. Aspect FuturesAccess LLC.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (ML APM Global Commodity FuturesAccess LLC)

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