AUTHORITY OF THE SPONSOR. (a) The management and operation of this FuturesAccess Fund and the determination of its policies shall be vested exclusively in the Sponsor. The Sponsor shall have the authority and power on behalf and in the name of this FuturesAccess Fund to: carry out any and all of the objectives and purposes of this FuturesAccess Fund set forth in Section 1.01; make, execute, sign and file a Certificate of Formation of this FuturesAccess Fund, any amendments thereto authorized herein, any amendments to this Agreement authorized herein, and all such other instruments, documents and certificates, which may, from time to time, be required by, or deemed advisable by the Sponsor under, the laws of the United States of America, the State of Delaware, the State of New Jersey, the State of New York or any other state or political subdivision in which the Sponsor shall determine that this FuturesAccess Fund shall do business, to effectuate, implement and continue the valid existence of this FuturesAccess Fund; and perform all acts and enter into, execute and perform all contracts and other undertakings which the Sponsor may deem necessary or advisable in connection with such objectives and purposes or incidental thereto; provided, that the Trading Advisor shall at all times have discretionary authority over the trading and investing of this FuturesAccess Fund. All actions and determinations to be made by the Sponsor hereunder shall, unless otherwise expressly provided, be made in the Sponsor’s sole and absolute discretion. (b) The Sponsor is specifically authorized to manage this FuturesAccess Fund’s cash flow and pay costs by bank or other borrowings.

AUTHORITY OF THE SPONSOR. Pursuant to Section 3806(b)(7) of the Act, the Sponsor is hereby granted the exclusive authority to direct the actions of the Administrative Trustee in the management of the Trust (including, without limitation, pursuant to any Authorized Participant Agreement) and to perform the Sponsor’s obligations and exercise its rights under this Agreement. Without limiting the foregoing, the Sponsor shall have the authority to execute and deliver the Investing Pool Agreement and the Distribution Agreement and any amendment thereto on behalf of the Trust and the Trust is authorized and shall have the power and authority to enter into such agreements and perform its obligations thereunder.

See All (16)

AUTHORITY OF THE SPONSOR. Pursuant to Section 3806(b)(7) of the Act, the Sponsor is hereby granted the exclusive authority, and shall direct the actions of the Administrative Trustee, in the management of the Trust. The Sponsor shall have the exclusive authority to direct the Administrative Trustee to perform the Sponsor's obligations and exercise its rights under this Agreement. Without limiting the foregoing, the Sponsor shall have the authority to execute and deliver this Agreement and (without prejudice to any power or authority delegated to the Administrative Trustee in accordance with the terms of this Agreement) to enter into and perform such contracts and other undertakings on behalf of the Trust and any amendment thereto, as the Sponsor may deem necessary or advisable, and each of the Trust and the Administrative Trustee is hereby authorized and shall have the power and authority to enter into such agreements and perform its obligations thereunder.

See All (10)

AUTHORITY OF THE SPONSOR. In addition to and not in limitation of any rights and powers conferred by law or other provisions of this Trust Agreement, the Sponsor shall have and may exercise on behalf of the Trust, all powers and rights necessary, proper, convenient or advisable to effectuate and carry out the purposes, business and objectives of the Trust, which shall include, without limitation, the following: (a) to enter into, execute, deliver and maintain, and to cause the Trust to perform its obligations under, contracts, agreements and any or all other documents and instruments, and to do and perform all such things as may be in furtherance of Trust purposes or necessary or appropriate for the offer and sale of the Shares and the conduct of Trust activities; (b) to establish, maintain, deposit into, sign checks and/or otherwise draw upon accounts on behalf of the Trust with appropriate banking and savings institutions, and execute and/or accept any instrument or agreement incidental to the Trust’s business and in furtherance of its purposes, any such instrument or agreement so executed or accepted by the Sponsor in the Sponsor’s name shall be deemed executed and accepted on behalf of the Trust by the Sponsor; (c) to deposit, withdraw, pay, retain and distribute the Trust Estate or any portion thereof in any manner consistent with the provisions of this Trust Agreement; (d) to supervise the preparation and filing of the Registration Statement, the Prospectus and any supplements and amendments thereto; (e) to pay or authorize the payment of distributions to the Shareholders and expenses of the Trust; (f) to make any elections on behalf of the Trust under the Code or any other applicable U.S. federal or state tax law as the Sponsor shall determine to be in the best interests of the Trust; (g) in the sole discretion of the Sponsor, to admit an Affiliate or Affiliates of the Sponsor as additional Sponsors; (h) to make any necessary determination or decision in connection with the preparation of the Trust’s financial statements and amendments thereto, the Registration Statement and the Prospectus; (i) to prepare, file and distribute, if applicable, any periodic reports or updates that may be required under the Securities Exchange Act of 1934, the Commodity Exchange Act, or the rules and regulations thereunder; (j) to execute, file, record and/or publish all certificates, statements and other documents and do any and all other things as may be appropriate for the formation, qualific...

See All (7)

AUTHORITY OF THE SPONSOR. (a) The management and operation of Systematic Momentum FuturesAccess and the determination of its policies shall be vested exclusively in the Sponsor. The Sponsor shall have the authority and power on behalf and in the name of Systematic Momentum FuturesAccess to carry out any and all of the objectives and purposes of Systematic Momentum FuturesAccess set forth in Section 1.01: make, execute, sign and file a Certificate of Formation of Systematic Momentum FuturesAccess, any amendments thereto authorized herein, any amendments to this Agreement authorized herein, and all such other instruments, documents and certificates, which may, from time to time, be required by, or deemed advisable by the Sponsor under, the laws of the United States of America, the State of Delaware, the State of New Jersey, the State of New York or any other state or political subdivision in which the Sponsor shall determine that Systematic Momentum FuturesAccess shall do business, to effectuate, implement and continue the valid existence of Systematic Momentum FuturesAccess; and perform all acts and enter into, execute and perform all contracts and other undertakings which the Sponsor may deem necessary or advisable in connection with such objectives and purposes or incidental thereto. All actions and determinations to be made by the Sponsor hereunder shall, unless otherwise expressly provided, be made in the Sponsor’s sole and absolute discretion. (b) The Sponsor is specifically authorized to manage Systematic Momentum FuturesAccess’ cash flow, including through paying its costs by bank or other borrowings.

See All (5)

AUTHORITY OF THE SPONSOR. 15 SECTION 5.02. SERVICE PROVIDERS; INVESTMENTS; ACCOUNTS.....................................................................16

See All (4)

AUTHORITY OF THE SPONSOR. (i) The Sponsor shall have full and complete charge of all affairs of the Platform. The management and control of the Platform's business and its assets shall rest exclusively with the Sponsor. The Sponsor shall have all of the rights and powers that can be granted to the Sponsor under the Act and as otherwise provided by Law, and any action taken on behalf of the Platform by the Sponsor shall constitute the act of and bind the Platform. (ii) Notwithstanding Section 2.1(a)(i), each Member individually and not the Sponsor shall have sole discretion of the Series or combination of Series in which such Member invests, subject to restrictions imposed on effecting subscriptions, Redemptions and Exchanges imposed by the Platform, as set forth herein. (b) The Sponsor shall be required to devote only such business time and attention to the conduct of the business and affairs of the Platform as the Sponsor may deem necessary or advisable. For the avoidance of doubt, the Sponsor Parties shall be free to devote such time and attention as they may determine to other Sponsor clients, as well as to other activities.

AUTHORITY OF THE SPONSOR. (a) (i) The Sponsor shall have full and complete charge of all affairs of the Platform. The management and control of the Platform’s business and its assets shall rest exclusively with the Sponsor. The Sponsor shall have all of the rights and powers that can be granted to the Sponsor under the Act and as otherwise provided by Law, and any action taken on behalf of the Platform by the Sponsor shall constitute the act of and bind the Platform.

AUTHORITY OF THE SPONSOR. Paragraphs (m) through (n) of Section 6.2 of the Trust Agreement are hereby amended as follows (with additions shown as bolded and underlined and deletions as strikethrough to facilitate reading where necessary, which formatting and deleted language shall not be part of the amended Trust Agreement):

AUTHORITY OF THE SPONSOR Sample Clauses

Filter & Search

Related Clauses

Parent Clauses