Certain Collective Investment Vehicles Sample Clauses

Certain Collective Investment Vehicles. In the case of an Investment Entity that is a collective investment vehicle regulated under the laws of the United Kingdom: 1. if all of the interests in the collective investment vehicle (including debt interests in excess of US$50,000) are held by or through one or more Reporting Financial Institutions such collective investment vehicle will be treated as a Non-Reporting Financial Institution; or 2. if the collective investment vehicle is not as described in subparagraph (a), then, consistent with paragraph 3 of Article 4 of the Agreement, if the information required to be reported by the collective investment vehicle under the Agreement with respect to interests in the collective investment vehicle is reported by the collective investment vehicle or another Investment Entity, the reporting obligations of all other Investment Entities required to report with respect to the interests in the collective investment vehicle will be deemed fulfilled with respect to such interests.
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Certain Collective Investment Vehicles. In the case of an Investment Entity that is a collective investment vehicle regulated under the laws of Ireland: a) if all of the interests in the collective investment vehicle (including debt interests in excess of $50,000) are held by or through one or more Financial Institutions that are not Nonparticipating Financial Institutions, such collective investment vehicle will be treated as a deemed-compliant FFI for purposes of section 1471 of the U.S. Internal Revenue Code, and the reporting obligations of any Investment Entity (other than a Financial Institution through which interests in the collective investment vehicle are held) will be deemed fulfilled with respect to interests in the collective investment vehicle; or b) if the collective investment vehicle is not described in paragraph a), consistent with paragraph 3 of Article 5 of the Agreement, and if the information required to be reported by the collective investment vehicle under the Agreement with respect to interests in the collective investment vehicle is reported by the collective investment vehicle or another Investment Entity, the reporting obligations of all other Investment Entities which have an obligation to report with respect to the interests in the collective investment vehicle will be deemed fulfilled with respect to such interests.
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Certain Collective Investment Vehicles. 1. In the case of an Investment Entity that is a collective investment vehicle resident in the Netherlands if all of the interests in the collective investment vehicle (including debt interests in excess of $50,000) are held by or through one or more exempt beneficial owners, Active NFFEs described in subparagraph B(4) of section VI of Annex I, U.S. Persons that are not Specified U.S. Persons, or Financial Institutions that are not Nonparticipating Financial Institutions, such collective investment vehicle will be treated as a deemed-compliant FFI for purposes of section 1471 of the U.S. Internal Revenue Code, and the reporting obligations of any Investment Entity (other than a Financial Institution through which interests in the collective investment vehicle are held) shall be deemed fulfilled with respect to interests in the collective investment vehicle. 2. With respect to interests in: a. An Investment Entity that is regulated as a collective investment vehicle under the laws of a Partner Jurisdiction, all of the interest in which (including debt interests in excess of $50,000) are held by or through one or more exempt beneficial owners, Active NFFEs described in subparagraph B(4) of section VI of Annex I, U.S. Persons that are not Specified U.S. Persons, or Financial Institutions that are not Nonparticipating Financial Institutions; or b. An Investment Entity that is a qualified collective investment vehicle under relevant U.S. Treasury Regulations; the reporting obligations of any Investment Entity that is a Netherlands Financial Institution (other than a Financial Institution through which interests in the collective investment vehicle are held) shall be deemed fulfilled. 3. In the case of an Investment Entity that is a collective investment vehicle resident in the Netherlands not described in paragraph 1 or 2, consistent with paragraph 3 of Article 5 of the Agreement, if the information required to be reported by the collective investment vehicle pursuant to the Agreement with respect to interests in the collective investment vehicle is reported by the collective investment vehicle or another Investment Entity, the reporting obligations of all other Investment Entities required to report with respect to the interests in the collective investment vehicle will be deemed fulfilled with respect to such interests.
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Certain Collective Investment Vehicles. 1. In the case of an Investment Entity that is a collective investment vehicle regulated under the laws of the Federal Republic of Germany if all of the interests in the collective investment vehicle (including debt interests in excess of $50,000) are held by or through one or more Financial Institutions that are not Nonparticipating Financial Institutions, such collective investment vehicle will be treated as a deemed-compliant FFI for purposes of section 1471 of the U.S. Internal Revenue Code, and the reporting obligations of any Investment Entity (other than a Financial Institution through which interests in the collective investment vehicle are held) will be deemed fulfilled with respect to interests in the collective investment vehicle. 2. With respect to interests in: a) an Investment Entity that is regulated as a collective investment vehicle under the laws of a Partner Jurisdiction, all of the interest in which (including debt interests in excess of $50,000) are held by or through one or more Financial Institutions that are not Nonparticipating Financial Institutions, or b) an Investment Entity that is a qualified collective investment vehicle under relevant U.S. Treasury Regulations, the reporting obligations of any Investment Entity that is a German Financial Institution (other than a Financial Institution through which interests in the collective investment vehicle are held) will be deemed fulfilled. 3. In the case of an Investment Entity regulated by the Federal Republic of Germany that is a collective investment vehicle not described in paragraph 1 or 2, consistent with paragraph 3 of Article 5 of the Agreement, if the information required to be reported by the collective investment vehicle under the Agreement with respect to interests in the collective investment vehicle is reported by the collective investment vehicle or another Investment Entity, the reporting obligations of all other Investment Entities required to report with respect to the interests in the collective investment vehicle will be deemed fulfilled with respect to such interests. 4. A collective investment vehicle regulated under the laws of the Federal Republic of Germany will not fail to qualify under paragraph 1 or 2 above, or otherwise as a deemed- compliant FFI, solely because the collective investment vehicle has issued physical shares in bearer form, provided that: (i) the collective investment vehicle has not issued, and does not issue, any physical shares in bearer f...
Sample 1
Certain Collective Investment Vehicles. An Investment Entity established in Curaçao that is regulated as a collective investment vehicle, provided that all of the interests in the collective investment vehicle (including debt interests in excess of $50,000) are held by or through one or more exempt beneficial owners, Active NFFEs described in subparagraph B(4) of section VI of Annex I, U.S. Persons that are not Specified U.S. Persons, or Financial Institutions that are not Nonparticipating Financial Institutions.
Sample 1
Certain Collective Investment Vehicles. An Investment Entity established in France that is regulated as a collective investment vehicle, as well as the “sociétés de crédit foncier” and the “sociétés de financement de l’habitat,” provided that all of the interests in the collective investment vehicle (including debt interests in excess of $50,000) are held by or through one or more exempt beneficial owners, Active NFFEs described in subparagraph B(4) of section VI of Annex I, U.S. Persons that are not Specified U.S. Persons, or Financial Institutions that are not Nonparticipating Financial Institutions.
Sample 1
Certain Collective Investment Vehicles. In the case of an Investment Entity that is a collective investment vehicle regulated un- der the laws of Norway: a) if all of the interests in the collective investment vehicle (including debt interests in excess of $50,000) are held by or through one or more Financial Institutions that are not Nonparticipat- ing Financial Institutions, such collective investment vehicle will be treated as a deemed-compliant FFI for purposes of section 1471 of the U.S. Internal Revenue Code, and the reporting obligations of any Investment Entity (other than a Financial Institution through which interests in the collective investment vehicle are held) will be deemed fulfilled with respect to interests in the collective investment vehicle; or b) if the collective investment vehicle is not described in paragraph a), consistent with paragraph 3 of Article 5 of the Agreement, if the information required to be reported by the collective in- vestment vehicle under the Agreement with respect to interests in the collective investment ve- hicle is reported by the collective investment vehicle or another Investment Entity, the report- ing obligations of all other Investment Entities required to report with respect to the interests in the collective investment vehicle will be deemed fulfilled with respect to such interests.
Sample 1
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Certain Collective Investment Vehicles. In the case of an Investment Entity that is a collective investment vehicle regulated under the laws of Italy: a) if all of the interests in the collective investment vehicle (including debt interests in excess of $50,000) are held by or through one or more Financial Institutions that are not Nonparticipating Financial Institutions, such collective investment vehicle will be treated as a deemed-compliant FFI for purposes of section 1471 of the U.S. Internal Revenue Code, and the reporting obligations of any Investment Entity (other than a Financial Institution through which interests in the collective investment vehicle are held) will be deemed fulfilled with respect to interests in the collective investment vehicle; or b) if the collective investment vehicle is not described in paragraph (a), consistent with paragraph 3 of Article 5 of the Agreement, if the information required to be reported by the collective investment vehicle under the Agreement with respect to interests in the collective investment vehicle is reported by the collective investment vehicle or another Investment Entity, the reporting obligations of all other Investment Entities required to report with respect to the interests in the collective investment vehicle will be deemed fulfilled with respect to such interests. A collective investment vehicle regulated under the laws of Italy will not fail to qualify under subparagraph (a) or (b) above, or otherwise as a deemed-compliant FFI, solely because the collective investment vehicle has issued physical shares in bearer form, provided that: (I) the collective investment vehicle has not issued, and does not issue, any physical shares in bearer form after December 31, 2012; (II) the collective investment vehicle (or a Reporting Italian Financial Institution performs due diligence outlined in Annex I and reports any information required to be reported with respect to any such shares when they are presented for redemption or other payment; and (III) the collective investment vehicle has in place policies and procedures to ensure that such shares are redeemed as soon as possible, and in any event prior to January 1, 2017.
Sample 1
Certain Collective Investment Vehicles. In the case of an Investment Entity that is a collective investment vehicle regulated under the laws of Norway: a) if all of the interests in the collective invest- ment vehicle (including debt interests in excess of $50,000) are held by or through one or more Financial Institutions that are not Nonparticipating Financial Institutions, such collective investment vehicle will be treated as a deemed-compliant FFI for purpo- ses of section 1471 of the U.S. Internal Reve- nue Code, and the reporting obligations of any Investment Entity (other than a Xxxxx- cial Institution through which interests in the collective investment vehicle are held) will be deemed fulfilled with respect to inte- rests in the collective investment vehicle; or b) if the collective investment vehicle is not described in paragraph a), consistent with paragraph 3 of Article 5 of the Agreement, if the information required to be reported by the collective investment vehicle under the Agreement with respect to interests in the collective investment vehicle is reported by the collective investment vehicle or another Investment Entity, the reporting obligations of all other Investment Entities required to report with respect to the interests in the col- lective investment vehicle will be deemed fulfilled with respect to such interests. ringspliktige Kontoer xxxxx konto innehatt av Ikke-Deltakende Finansinstitusjon, og må avslutte enhver slik konto som oppda- ges, xxxxx rapportere slike kontoer som om Finansinstitusjonen var en Rapporterende Norsk Finansinstitusjon, i) hver Nærstående Enhet av Finansinstitu- sjonen må være stiftet xxxxx opprettet i Norge og må oppfylle de vilkårene som stil- les i dette punkt, og j) Finansinstitusjonen må ikke ha retningslin- jer xxxxx praksis som diskriminerer fysiske personer som er Spesifiserte Amerikanske Personer og som er bosatt i Norge, xxx xxx- rettelse xxxxx innehavelse av konto.
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Related to Certain Collective Investment Vehicles

  • Commingling and Investment The Trustee is expressly authorized in its discretion: (a) To transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and (b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.

  • Loans and Investments No Credit Party shall and no Credit Party shall suffer or permit any of its Subsidiaries to make any Investments, except for: (a) Investments in cash and Cash Equivalents; (b) Investments (i) by the Borrower or any other Credit Party in the Borrower or any Credit Party and (ii) by any Subsidiary that is not a Credit Party in any other Subsidiary that is not a Credit Party; (c) loans or advances to officers, directors and employees of any Credit Party or any Subsidiary of any Credit Party (i) for reasonable and customary business-related travel, entertainment, relocation and analogous ordinary business purposes and (ii) in connection with such Person’s purchase of Equity Interests of Borrower (or any direct or indirect parent that wholly-owns the Borrower) to the extent the amount of such loans and advances shall be substantially contemporaneously contributed to the Borrower in cash as common equity, or substantially contemporaneously paid to the Borrower in connection with such purchase of Equity Interests; provided, that, the aggregate principal amount of all loans and advances made pursuant to this clause (c) shall not exceed $2,500,000 at any time outstanding; (d) Investments received as the non-cash portion of consideration received in connection with transactions permitted pursuant to subsection 5.2(b); (e) Investments acquired in connection with the settlement of delinquent Accounts in the Ordinary Course of Business or in connection with the bankruptcy or reorganization of suppliers or customers; (f) Investments consisting of non-cash loans made to officers, directors and employees of any Credit Party or any of their Subsidiaries that are used by such Persons to purchase simultaneously Equity Interests of any direct or indirect parent of the Borrower; (g) Investments existing on the Closing Date and set forth in Schedule 5.4 or an Investment consisting of any extension, modification, replacement, renewal or reinvestment of any such Investment; (h) guarantees of Indebtedness permitted under Section 5.5(k), performance guarantees and Contingent Obligations incurred in the Ordinary Course of Business (as long as the primary obligor with respect to such Contingent Obligation is the Borrower or any Subsidiary) and the creation of Liens on the assets of the Borrower or any Subsidiary in compliance with Section 5.1 (other than subsection 5.1(v) and/or 5.1(z)(i)); (i) [reserved]; (j) [reserved]Investments in SPV Subsidiaries and/or ABS Note Subsidiaries that are required pursuant to the terms of (x) the ABS Documentation or (y) Permitted Receivables Facility Documents in connection with a Permitted Receivables Facility; (k) the maintenance of deposit accounts and securities accounts in the Ordinary Course of Business; (l) Investments constituting (i) accounts receivable arising, (ii) trade debt granted or (iii) deposits made in connection with the purchase price of goods or services, in each case, in the Ordinary Course of Business; (m) [reserved]; (n) Investments by way of contributions to capital or purchases of Equity Interests by any Credit Party in any of its Subsidiaries that are Credit Parties; (o) Investments in hedging contracts entered into in the Ordinary Course of Business for bona fide hedging purposes and not for speculation; (p) so long as no Event of Default shall have occurred and be continuing or would occur as a result thereof, other Investments in an aggregate amount not to exceed at any time outstanding $5,000,000, in each case determined as of the date of such Investment; (q) Investments in Non-Credit Parties in an amount not to exceed $3,000,000 in the aggregate; (r) Rate Contract obligations; (s) [reserved]; (t) [reserved]; (u) Investments (including debt obligations and Equity Interests) received in connection with the bankruptcy or reorganization of suppliers and customers or in settlement of delinquent obligations of, or other disputes with, customers and suppliers arising in the Ordinary Course of Business or upon the foreclosure with respect to any secured Investment or other transfer of title with respect to any secured Investment; (v) endorsements of negotiable instruments for deposit or collection in the Ordinary Course of Business; (w) deposits of cash made in the Ordinary Course of Business to secure performance of leases; (x) Investments to the extent that payment for such Investments is made solely with Equity Interests (other than any Disqualified Equity) of the Borrower (or Equity Interests of any direct or indirect parent of the Borrower, or with the proceeds of any substantially contemporaneous sale of Equity Interests, other than Disqualified Equity, of the Borrower or any direct or indirect parent of the Borrower) not resulting in a Change of Control[reserved]; (y) to the extent constituting Investments, the creation of Liens, the making of fundamental changes, the consummation of Dispositions, and the making of Restricted Payments permitted under Sections 5.1 (other than subsections 5.1(v) and/or 5.1(z)(i)), 5.2, 5.3 (other than subsections 5.3(a), 5.3(c) and/or 5.3(e)) and 5.7 (other than subsection 5.7(g)), respectively; and (z) Guarantees by any Credit Party or any of its Subsidiaries of leases (other than Capital Leases) or of other obligations that do not constitute Indebtedness. Notwithstanding anything in this Section 5.4 to the contrary, no Credit Party shall make, and no Credit Party shall suffer or permit any of its Subsidiaries to make, Investments in any Person who is an Affiliate of the Borrower, other than the Borrower and its Subsidiaries.

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