Common use of Common Representative’s Personnel Clause in Contracts

Common Representative’s Personnel. In consideration of the nature of the CBFIs, to the extent they do not provide for an obligation of the Trustee to pay an amount as principal and/or interest, neither the Common Representative, nor of any officer, board member, attorney- in-fact, employee, affiliate or agent of the Common Representative (the “Personnel”), shall be liable for the investment decisions, compliance with the business plan, for the results of the Investments and/or other operations borne by the Trust Estate, of the compliance of such results with any expected results, and shall not be bound to review or supervise the legal, financial and economic viability of the Investments and other operations, nor the compliance of Investments with authorizations, legal and other requirements, provided, that the Common Representative will have the authority to reasonably request the Manager, the Trustee and the other parties of the referred documents, whom will be obliged to provide, information related to such matters. Similarly, the Common Representative and the Personnel shall not be responsible for supervising the services rendered by the Independent Valuer and the External Auditor, or any third party, nor the performance of the obligations contained in the agreements executed with counterparties of an Investment or other operation, nor the due performance of the Technical Committee and the obligations of its members, any other corporate body except for the Holders’ Meeting.

Appears in 3 contracts

Samples: www.fibramacquarie.com, www.fibramacquarie.com, static.macquarie.com

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Common Representative’s Personnel. In consideration of the nature of the CBFIs, to the extent they do not provide for an obligation of the Trustee to pay an amount as principal and/or interest, neither the Common Representative, nor of any officer, board member, attorney- attorney-in-fact, employee, affiliate or agent of the Common Representative (the “Personnel”), shall be liable for the investment decisions, compliance with the business plan, for the results of the Investments and/or other operations borne by the Trust Estate, of the compliance of such results with any expected results, and shall not be bound to review or supervise the legal, financial and economic viability of the Investments and other operations, nor the compliance of Investments with authorizations, legal and other requirements, provided, that the Common Representative will have the authority to reasonably request the Manager, the Trustee and the other parties of the referred documents, whom will be obliged to provide, information related to such matters. Similarly, the Common Representative and the Personnel shall not be responsible for supervising the services rendered by the Independent Valuer and the External Auditor, or any third party, nor the performance of the obligations contained in the agreements executed with counterparties of an Investment or other operation, nor the due performance of the Technical Committee and the obligations of its members, any other corporate body except for the Holders’ Meeting.

Appears in 1 contract

Samples: www.fibramacquarie.com

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