Competitive Fund Sample Clauses

Competitive Fund. (a) Definition. A “Competitive Fund” is a partnership or similar investment structure with investment guidelines and rate of return and risk/reward parameters and strategies substantially similar to the Investment Guidelines and rate of return and risk/reward parameters and strategies of the Fund. A partnership or similar investment structure will be deemed to have investment guidelines and rate of return and risk/reward parameters and strategies substantially similar to those of the Fund only if the types of investors solicited, the investment guidelines, market focus, geographic focus, product types, target return and risk/reward strategies are substantially similar to those of the Fund. Without limiting the foregoing, the definition of Competitive Fund does not include or contemplate:
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Competitive Fund. Except with respect to Luzern Fund II, Portfolio Investment Vehicles and Co-Investors in Portfolio Investments (in each case as more fully described in Section 7.7(e)) neither the General Partner or the Management Company, nor any Related Person of either of them, may organize for its or their own account or serve, directly or indirectly, as a principal of any partnership or similar investment structure with investment objectives and strategies substantially similar to those of the Partnership (each, a “Competitive Fund”) until the earliest of: (i) the termination of the Commitment Period; (ii) the date on which sixty-six and two-thirds percent (66-2/3%) of the aggregate Capital Commitments have been drawn down and invested in or committed to Portfolio Investments or are otherwise unavailable to be so invested (“Full Investment”) and (iii) the date on which the consent thereto of a Majority in Interest has been obtained; provided, however, that: (i) the provisions of this Section 7.7(c) shall not apply to Competitive Funds that commenced their activities prior to the Initial Closing such as Luzern Fund II (“Pre- Existing Funds”), (ii) the provisions of this Section 7.7(c) shall not apply to one or more investment vehicles formed on terms for investors substantially identical to the terms of the Partnership for the purpose of addressing tax, regulatory and similar concerns of such investors in connection with a program for systematic co-investment with the Partnership (“Parallel Funds”) and (iii) Xxxxxxxxx Xxxxxxxxxxx is, at all times, freely permitted to invest in any real estate related projects or investments, either in his individual capacity or through entities he owns or controls (other than the Management Company or the General Partner) and such activities shall not be (or be deemed to be) a breach of any of his obligations or duties to the Partnership or to the Limited Partners and neither the Partnership nor any Limited Partner shall have any rights to or enjoy any of the benefits with respect to such projects or investments, including, but not limited to, any income, gain, profit or tax benefit derived therefrom. Subject to the provisions of this Agreement relating to excuse, default, exclusion and the like (and to any substantially similar provisions in the agreements governing any other Parallel Funds), the Parallel Funds shall co-invest with each other on substantially identical terms and conditions in all material respects (including terms rel...

Related to Competitive Fund

  • Payment Fund “Payment Fund” is defined in Section 2.6(a) of the Agreement.

  • CAMPAIGN CONTRIBUTION AND SOLICITATION LIMITATIONS No state contractor, prospective state contractor, principal of a state contractor or principal of a prospective state contractor, with regard to a state contract or state contract solicitation with or from a state agency in the executive branch or a quasi-public agency or a holder, or principal of a holder of a valid prequalification certificate, shall make a contribution to (i) an exploratory committee or candidate committee established by a candidate for nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer, (ii) a political committee authorized to make contributions or expenditures to or for the benefit of such candidates, or (iii) a party committee (which includes town committees). In addition, no holder or principal of a holder of a valid prequalification certificate, shall make a contribution to (i) an exploratory committee or candidate committee established by a candidate for nomination or election to the office of State senator or State representative, (ii) a political committee authorized to make contributions or expenditures to or for the benefit of such candidates, or (iii) a party committee. On and after January 1, 2011, no state contractor, prospective state contractor, principal of a state contractor or principal of a prospective state contractor, with regard to a state contract or state contract solicitation with or from a state agency in the executive branch or a quasi-public agency or a holder, or principal of a holder of a valid prequalification certificate, shall knowingly solicit contributions from the state contractor's or prospective state contractor's employees or from a subcontractor or principals of the subcontractor on behalf of (i) an exploratory committee or candidate committee established by a candidate for nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer, (ii) a political committee authorized to make contributions or expenditures to or for the benefit of such candidates, or (iii) a party committee. State contractors and prospective state contractors are required to inform their principals of the above prohibitions, as applicable, and the possible penalties and other consequences of any violation thereof. Contributions or solicitations of contributions made in violation of the above prohibitions may result in the following civil and criminal penalties: Civil penalties—Up to $2,000 or twice the amount of the prohibited contribution, whichever is greater, against a principal or a contractor. Any state contractor or prospective state contractor which fails to make reasonable efforts to comply with the provisions requiring notice to its principals of these prohibitions and the possible consequences of their violations may also be subject to civil penalties of up to $2,000 or twice the amount of the prohibited contributions made by their principals. Criminal penalties—Any knowing and willful violation of the prohibition is a Class D felony, which may subject the violator to imprisonment of not more than 5 years, or not more than $5,000 in fines, or both.

  • Company Funds All funds of the Company shall be deposited in its name, or in such name as may be designated by the Board, in such checking, savings or other accounts, or held in its name in the form of such other investments as shall be designated by the Board. The funds of the Company shall not be commingled with the funds of any other Person. All withdrawals of such deposits or liquidations of such investments by the Company shall be made exclusively upon the signature or signatures of such Officer or Officers as the Board may designate.

  • Excess Funds Any party receiving funds paid by SBBC under this Agreement agrees to promptly notify SBBC of any funds erroneously received from SBBC upon the discovery of such erroneous payment or overpayment. Any such excess funds shall be refunded to SBBC.

  • Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout.

  • Qualified Charitable Distributions If you are age 70½ or older, you may take tax-free Xxxx XXX distributions of up to $100,000 per year and have these distributions paid directly to certain charitable organizations. Special tax rules may apply. For further detailed information and effective dates you may obtain IRS Publication 590-B, Distributions from Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • FEMA Fund Certifications Submission of this proposal is Vendor’s certification that Vendor agrees to this term. Vendor certifies that IF and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that: (1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to and rights to reproduce any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Vendor agrees to provide the FEMA Administrator or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

  • Multi-Manager Funds In connection with securities transactions for the Fund, the Subadviser that is (or whose affiliated person is) entering into the transaction, and any other investment manager that is advising an affiliate of the Fund (or portion of the Fund) (collectively, the “Managers” for the purposes of this section) entering into the transaction are prohibited from consulting with each other concerning transactions for the Fund in securities or other assets and, if both Managers are responsible for providing investment advice to the Fund, the Manager’s responsibility in providing advice is expressly limited to a discrete portion of the Fund’s portfolio that it manages. This prohibition does not apply to communications by the Adviser in connection with the Adviser’s (i) overall supervisory responsibility for the general management and investment of the Fund’s assets; (ii) determination of the allocation of assets among the Manager(s), if any; and (iii) investment discretion with respect to the investment of Fund assets not otherwise assigned to a Manager.

  • SPECIALIZED JOB CLASSES Where there is a particular specialized job class in which the pay rate is below the local market value assessment of that job class, the parties may use existing means under the collective agreement to adjust compensation for that job class.

  • Funding Account The Administrative Agent shall have received a notice setting forth the deposit account of the Borrower (the “Funding Account”) to which the Administrative Agent is authorized by the Borrower to transfer the proceeds of any Borrowings requested or authorized pursuant to this Agreement.

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