Commodity Trading Advice Sample Clauses

Commodity Trading Advice a. To the extent Contractor provides commodity trading advice to the County, the County represents that the County is excluded from the definition of “commodity pool operator” under Commodity Futures Trading Commission (“CFTC”) Regulation 4.5, and the County has filed the notice of eligibility, if any, required under such regulation, and will annually reaffirm reliance on such exclusion as required by law. The County agrees to furnish Contractor with such information as Contractor may reasonably request to confirm the County’s status under CFTC Regulation 4.5. b. Contractor hereby acknowledges that it is a commodity trading advisor (“CTA”) with respect to the County and that Contractor represents and warrants to the County that Contractor is exempt from the registration as a CTA under CFTC Regulation 4.14(a)(8) with respect to the County, and has filed the notice required under CFTC Regulation 4.14(a)(8). c. Contractor represents and warrants to the County that, although Contractor is registered as a CTA, Contractor intends to provide commodity interest trading advice to the County as if Contractor were exempt from registration as a CTA under CFTC Regulation 4.14(a)(8). Contractor will reaffirm its eligibility to rely on the exemption in CFTC Regulation 4.14(a)(8) as required by law. d. The County represents and warrants to Contractor that the County is currently, and will continue to be, an “eligible contract participant” within the meaning of Section 1a(18) of the Commodity Exchange Act (“CEA”).
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Commodity Trading Advice a. To the extent Contractor provides commodity trading advice to the County, the County represents that the County is excluded from the definition of “commodity pool operator” under Commodity Futures Trading Commission (“CFTC”) Regulation 4.5, and the County has filed the notice of eligibility, if any, required under such regulation, and will annually reaffirm reliance on such exclusion as required by law. The County agrees to furnish Contractor with such information as Contractor may reasonably request to confirm the County’s status under CFTC Regulation 4.5. b. Contractor hereby acknowledges that it is a commodity trading advisor (“CTA”) with respect to the County and that Contractor represents and warrants to the County that Contractor is exempt from the registration as a CTA under CFTC Regulation 4.14(a)(8) with respect to the County, and has filed the notice required under CFTC Regulation 4.14(a)(8). c. Contractor represents and warrants to the County that, although Contractor is registered as a CTA, Contractor intends to provide commodity interest trading advice to the County as if Contractor were exempt from registration as a CTA under CFTC Regulation 4.14(a)(8). Contractor will reaffirm its eligibility to rely on the exemption in CFTC Regulation 4.14(a)(8) as required by law. d. The County represents and warrants to Contractor that the County is currently, and will continue to be, an “eligible contract participant” within the meaning of Section 1a(18) of the Commodity Exchange Act (“CEA”). Contractor shall provide the following services to the County: A. On-going Performance Monitoring – Defined Contribution and Health Reimbursement Arrangement Plans 1. Conduct on-going performance monitoring. Performance measurement must have specific reference to each fund’s objectives, selected comparison indices and peer group universes. Measurement periods should be at least 1, 3, 5 and 10 years. 2. At least annually, the advisor must provide an investment environment overview and identify and analyze changes in firm organization, fund management style and personnel, including changes in fund investment guidelines, as well as detailed attribution for fund performance results and make recommendations for de- selection or selection of a product for the Plan. 3. Make any recommended revisions to the Plan investment guidelines. 4. Provide a quarterly review. 5. Present performance report(s) to the Defined Contribution Advisory Committee at its regular quarterly me...
Sample 1

Related to Commodity Trading Advice

  • Commodity Exchange Act Each of Dealer and Counterparty agrees and represents that it is an “eligible contract participant” as defined in Section 1a(18) of the U.S. Commodity Exchange Act, as amended (the “CEA”), the Agreement and this Transaction are subject to individual negotiation by the parties and have not been executed or traded on a “trading facility” as defined in Section 1a(51) of the CEA.

  • Commodity Contracts Such Grantor shall not have any commodity contract unless subject to a Control Agreement.

  • Futures Transactions in futures involve the obligation to make, or to take, delivery of the underlying asset of the contract at a future date, or in some cases to settle the Investment Adviser’s position with cash from a Portfolio or elsewhere. Transactions in futures carry a high degree of risk. The “gearing” or “leverage” often obtainable in futures trading means that a small deposit or down payment can lead to large losses as well as gains. It also means that a relatively small market movement can lead to a proportionately much larger movement in the value of the Investment Adviser’s investment, and this can work against the Investment Adviser as well as for the Investment Adviser. Futures transactions have a contingent liability, and the Investment Adviser should be aware of the implications of this, in particular the margining requirements, which are described in paragraph 7.2 below.

  • Investment Securities and Commodities (i) Each of the Company and its Subsidiaries has good title in all material respects to all securities and commodities owned by it (except those sold under repurchase agreements) which are material to the Company and its Subsidiaries on a consolidated basis, free and clear of any Liens, except for such failures to have good title as are set forth in the financial statements included in the Company Reports as of the entry into this Agreement or to the extent such securities or commodities are pledged in the ordinary course of business to secure obligations of the Company or its Subsidiaries. Such securities and commodities are valued on the books of the Company in accordance with GAAP in all material respects. (ii) The Company and its Subsidiaries and their respective businesses employ investment, securities, commodities, risk management and other policies, practices and procedures that the Company believes are prudent and reasonable in the context of such businesses, and the Company and its Subsidiaries have, since January 1, 2023, been in compliance with such policies, practices and procedures in all material respects.

  • Trading Cushion The Selling Period for any previous Issuance Notice shall have expired.

  • Trading Subject to the terms and conditions of this Agreement, Nationwide shall be appointed to, and agrees to act, as a limited agent of the Company for the sole purpose of receiving instructions from duly authorized parties for the purchase and redemption of Fund shares prior to the close of regular trading each Business Day. A "

  • Dealer The seller of automobiles or light trucks that originated one or more of the Receivables and assigned the respective Receivable, directly or indirectly, to Ally Bank under an existing agreement between such seller and Ally Bank. Dealer Agreement: An existing agreement between Ally Bank or one of its Affiliates and a Dealer with respect to a Receivable. Default: Any occurrence that is, or with notice or the lapse of time or both would become, an Event of Default.

  • Equity Trading and Transaction Settlement The equity trading desks execute buy and sell order based on instructions provided by affiliated advisers. The trading staff either places orders electronically or contacts brokers to place orders, find liquidity and seek price levels. Upon completion of a transaction, the transaction settlement group works with the broker and the account custodian to ensure timely and accurate exchange of securities and monies.

  • Securities Account All Permitted Investments have been and will be credited to a Securities Account. The securities intermediary for each Securities Account has agreed to treat all assets credited to the Securities Accounts as “financial assets” within the meaning of the applicable UCC.

  • Hedging (a) The Borrower may, at any time and from time to time, enter into any Interest Hedge Agreements (subject in each case to (i) satisfaction of the Rating Condition and (ii) unless the cost of such Interest Hedge Agreement is paid in full at the time it is executed, the prior written consent of the Majority Lenders). The Borrower will not amend or replace any Interest Hedge Agreement unless the Rating Condition shall have been satisfied in connection with such amendment or replacement and the Majority Lenders have provided their prior written consent thereto. The Borrower (or the Services Provider on behalf of the Borrower) shall promptly provide written notice of entry into, and the amendment or replacement of, any Interest Hedge Agreement to the Agents and the Lenders. Notwithstanding anything to the contrary contained herein, the Borrower (or the Services Provider on behalf of the Borrower) shall not enter into any Interest Hedge Agreement (A) unless it obtains written advice of counsel that (1) the written terms of the derivative directly relate to the Collateral Loans and (2) such derivative reduces the interest rate and/or foreign exchange risks related to the Collateral Loans and the Loans and (B) that would cause the Borrower to be considered a “commodity pool” as defined in Section 1a(10) of the Commodity Exchange Act unless (i) the Services Provider, and no other party, including but not limited to the Collateral Agent, the Custodian and the Administrative Agent, is registered as a “commodity pool operator” as defined in Section 1(a)(11) of the Commodity Exchange Act and “commodity trading advisor” as defined in Section 1(a)(12) of the Commodity Exchange Act with the CFTC or (ii) with respect to the Borrower as the commodity pool, the Services Provider would be eligible for an exemption from registration as a commodity pool operator and commodity trading advisor and all conditions for obtaining the exemption have been satisfied. The Services Provider agrees that for so long as the Borrower is a commodity pool, the Services Provider will take all actions necessary to ensure ongoing compliance with, as the case may be, either (x) the applicable exemption from registration as a commodity pool operator and/or a commodity trading advisor with respect to the Borrower or (y) the applicable registration requirements as a commodity pool operator and/or a commodity trading advisor with respect to the Borrower, and will in each case take any other actions required as a commodity pool operator and/or a commodity trading advisor with respect to the Borrower. (b) Each Interest Hedge Agreement shall contain appropriate limited recourse and non-petition provisions equivalent (mutatis mutandis) to those contained in Section 12.15. Each Interest Hedge Counterparty shall be required to satisfy, at the time that any Interest Hedge Agreement to which it is a party is entered into, the then-current S&P criteria for hedge counterparties with respect to any Interest Hedge Agreements shall be subject to the Priority of Payments specified in Section 9.1(a) and Section 6.4. Each Interest Hedge Agreement shall contain an acknowledgement by the Interest Hedge Counterparty that the obligations of the Borrower to the Interest Hedge Counterparty under the relevant Interest Hedge Agreement shall be payable in accordance with the Priority of Payments specified in Section 9.1(a) and Section 6.4 and the Borrower shall use its commercially reasonable efforts to provide that it may not be terminated due to the occurrence of an Event of Default until liquidation of the Collateral has commenced.

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