Common use of Continuous Investment Program Clause in Contracts

Continuous Investment Program. The Sub-Adviser shall formulate and implement a continuous investment program for the Allocated Portion in accordance with the Investment Guidelines. Without limiting the generality of the foregoing, the Sub-Adviser is authorized: (a) to make investment decisions (including with respect to allocation and composition) for the Fund in respect of the Allocated Portion, including decisions for the investment and reinvestment of the assets (including cash and cash-equivalent assets) held in the Allocated Portion, (b) sourcing and selecting investments (including performing due diligence) for the Fund pursuant to the Investment Guidelines in respect of the Allocated Portion; (c) to place purchase and sale orders for portfolio transactions, and arrange for investments, in respect of the Allocated Portion and to manage otherwise uninvested cash or cash equivalent assets of the Allocated Portion; (d) subject to Section 2(d) below, to execute account documentation, agreements, contracts, and other documents as may be requested by brokers, dealers, counterparties, and other persons in connection with the Sub-Adviser’s management of the Allocated Portion (in such respect, and only for this limited purpose, the Sub-Adviser will, as necessary to effect such documentation, agreements, contracts and other documents, act as the Adviser’s and the Fund’s agent and attorney in fact) (e) to monitor and service investments within the Allocated Portion; (f) to assist the Adviser in negotiating, obtaining and managing financing facilities for the benefit of the Fund or its subsidiaries with respect to the Allocated Portion, subject to Board approval; and (g) to provide the Adviser with such other research and related services as the Adviser may reasonably require from time to time to monitor the Sub-Adviser and the performance of the Allocated Portion. The Sub-Adviser will in general take such action as is appropriate to effectively manage the Allocated Portion.

Continuous Investment Program. The Sub-Adviser shall formulate and implement a continuous investment program for the Allocated Portion in accordance with the Investment Guidelines. Without limiting the generality of the foregoing, the Sub-Adviser is authorized: (ai) to source and make investment decisions (including with respect to allocation and composition) for the Fund (including performing due diligence and negotiating and structuring of such investments) in respect of the Allocated Portion, including decisions for the investment and reinvestment of the assets (including cash and cash-equivalent assets) held in the Allocated Portion, (b) sourcing and selecting investments (including performing due diligence) for the Fund pursuant to the Investment Guidelines in respect of the Allocated Portion; (cii) to place purchase and sale orders for portfolio transactions, and arrange for investments, transactions in respect of the Allocated Portion and to manage otherwise uninvested cash or cash equivalent assets of the Allocated Portion; (diii) subject to Section 2(d) below, to execute account documentation, agreements, contracts, and other documents as may be requested by brokers, dealers, counterparties, and other persons in connection with the Sub-Adviser’s management of the Allocated Portion (in such respect, and only for this limited purpose, the Sub-Adviser will, as necessary to effect such documentation, agreements, contracts and other documents, act as the Adviser’s and the Fund’s agent and attorney in fact) ); (eiv) to monitor and service investments within the Allocated Portion; (fv) to assist the Adviser in negotiating, obtaining and managing financing facilities for the benefit of the Fund or its subsidiaries with respect to the Allocated Portion, subject to Board approval; (vi) to, jointly with the Adviser, develop, review, approve and modify (as necessary) the Investment Guidelines; and (gvii) to provide the Adviser with such other research and related services as the Adviser may reasonably require from time to time to monitor the Sub-Adviser and the performance of the Allocated Portion. The Sub-Adviser will in general take such action as is appropriate to effectively manage the Allocated Portion.

Continuous Investment Program. The Sub-Adviser shall formulate and implement a continuous an ongoing investment program for the Allocated Portion in accordance with the Investment GuidelinesStrategy, including determining what portion of such assets will be invested or held uninvested in cash. Without limiting the generality of the foregoing, the Sub-Adviser is authorizedauthorized to: (a) to make investment decisions (including with respect to allocation and composition) for the Fund in respect of the Allocated Portion, including decisions for the investment and reinvestment of the assets (including cash and cash-equivalent assets) held in the Allocated Portion, ; (b) sourcing and selecting investments (including performing due diligence) for the Fund pursuant to the Investment Guidelines in respect of the Allocated Portion; (c) to place purchase and sale orders for portfolio transactions, and arrange for investments, transactions in respect of the Allocated Portion and to manage otherwise uninvested cash or cash equivalent assets of the Allocated Portion; and (dc) subject to Section 2(d) below, to execute account documentation, agreements, contracts, contracts and other documents as may be requested of the Sub-Adviser by brokers, dealers, counterparties, counterparties and other persons in connection with the Sub-Adviser’s management of the Allocated Portion (in such respect, and only for this limited purpose, the Sub-Adviser will, as necessary it reasonably deems appropriate to effect such documentation, agreements, contracts contracts, and other documents, act as the Adviser’s and the Fund’s agent and attorney in fact) (e) to monitor and service investments within the Allocated Portion; (f) to assist the Adviser in negotiating, obtaining and managing financing facilities for the benefit of the Fund or its subsidiaries with respect ). Subject to the Allocated Portion, subject to Board approval; limitations set forth in this Agreement and (g) to provide the Adviser with such other research and related services limitations or restrictions as the Adviser may reasonably require from time to time to monitor and the Sub-Adviser and may agree from time to time, the performance of the Allocated Portion. The Sub-Adviser will in general is authorized to take such action as is the Sub-Adviser reasonably deems appropriate to effectively manage the Allocated Portion. For the avoidance of doubt, to the extent that the Strategy is construed to be similar to another strategy managed by the Sub-Adviser or any of its affiliates, whether on behalf of another series of the Trust or otherwise, it is acknowledged that none of the Sub-Adviser or any of its affiliates intends or expects that the resulting portfolio compositions or performance results will be similar.

Continuous Investment Program. The Sub-Adviser shall formulate and implement a continuous investment program for the Allocated Portion in accordance with the Investment GuidelinesStrategy, including determining what portion of such assets will be invested or held uninvested in cash or cash equivalents. Without limiting the generality of the foregoing, the Sub-Adviser is authorizedauthorized to: (ai) to on a discretionary basis and without prior consent of the Adviser, make investment and trading decisions (including with respect to allocation and composition) for the Fund in respect of the Allocated Portion, including decisions for the investment and reinvestment of the assets (including cash and cash-equivalent assets) held in the Allocated Portion; (ii) determine which securities or other assets or instruments are to be purchased, (b) sourcing and selecting investments (including performing due diligence) for the Fund pursuant to the Investment Guidelines in respect of sold, exchanged, converted, retained, borrowed or lent by the Allocated Portion; (c) , place orders with respect to place purchase such portfolio transactions and sale orders for portfolio transactions, and arrange for investments, in respect of the Allocated Portion and to manage otherwise uninvested cash or cash equivalent assets of the Allocated Portion; (diii) use financial derivative instruments and any of the efficient portfolio management techniques and instruments as may in the reasonable opinion of the Sub-Adviser be necessary in order to implement the Strategy; and (iv) subject to Section 2(d) below, to execute account documentation, agreements, contracts, and other documents as may be requested by brokers, dealers, counterparties, and other persons in connection with the purchase, sale, assignment, transfer and ownership of any permitted investment, including limited partnership agreements, repurchase and derivative master agreements, including any schedules and annexes to such agreements, releases, consents, elections and confirmations, or otherwise in connection with the Sub-Adviser’s management of the Allocated Portion (in such respect, and only for this limited purpose, the Sub-Adviser will, as necessary to effect such documentation, agreements, contracts and other documents, act as the Adviser’s and the Fund’s agent and attorney in attorney-in-fact) (e) to monitor and service investments within the Allocated Portion; (f) to assist the Adviser in negotiating, obtaining and managing financing facilities for the benefit of the Fund or its subsidiaries with respect to the Allocated Portion, subject to Board approval; and (g) to provide the Adviser with such other research and related services as the Adviser may reasonably require from time to time to monitor the Sub-Adviser and the performance of the Allocated Portion). The Sub-Adviser Adviser, in general, will in general take such action as is appropriate to effectively manage the Allocated PortionPortion effectively.

Continuous Investment Program. The Sub-Adviser shall formulate and implement a continuous investment program for the Allocated Portion in accordance with the Investment GuidelinesStrategy, including determining what portion of such assets will be invested or held uninvested in cash or cash equivalents. Without limiting the generality of the foregoing, the Sub-Adviser is authorizedauthorized to: (ai) to make investment decisions (including with respect to allocation and composition) for the Fund in respect of the Allocated Portion, including decisions for the investment and reinvestment of the assets (including cash and cash-equivalent assets) held in the Allocated Portion, (b) sourcing and selecting investments (including performing due diligence) for the Fund pursuant to the Investment Guidelines in respect of the Allocated Portion; (cii) to place purchase and sale orders for portfolio transactions, and arrange for investments, transactions in respect of the Allocated Portion and to manage otherwise uninvested cash or cash equivalent assets of the Allocated Portion; (diii) use financial derivative instruments and any of the efficient portfolio management techniques and instruments as may in the reasonable opinion of the Sub-Adviser be necessary in order to implement the Strategy; and (iv) subject to Section 2(d) below, to execute account documentation, agreements, contracts, and other documents as may be requested by brokers, dealers, counterparties, and other persons in connection with the Sub-Adviser’s management of the Allocated Portion (in such respect, and only for this limited purpose, the Sub-Adviser will, as necessary to effect such documentation, agreements, contracts and other documents, act as the Adviser’s and the Fund’s agent and attorney in attorney-in-fact) (e) to monitor and service investments within the Allocated Portion; (f) to assist the Adviser in negotiating, obtaining and managing financing facilities for the benefit of the Fund or its subsidiaries with respect to the Allocated Portion, subject to Board approval; and (g) to provide the Adviser with such other research and related services as the Adviser may reasonably require from time to time to monitor the Sub-Adviser and the performance of the Allocated Portion). The Sub-Adviser Adviser, in general, will in general take such action as is appropriate to effectively manage the Allocated PortionPortion effectively. The Adviser acknowledges and agrees that no assurance, representation, warranty or guarantee, express or impied, has been given to the Adviser by the Sub-Adviser or any other person as to the performance or profitability of the Allocated Portion (or any part of them), or that the Allocated Portion will perform comparably with any standard or index or on an absolute basis, including other clients of the Sub-Advisor (whether public or private).