Execution of Orders and Transactions Sample Clauses

Execution of Orders and Transactions. In accordance with the Subadvisory Agreement, when executing transactions in Investments or placing orders relating to Investments with Brokers for execution, the Sub-Subadviser shall (except to the extent that it is following a specific instruction from the Subadviser, the Adviser, the Subsidiary or the Trust in relation to the execution of an order) owe to the Subadviser a duty to take all sufficient steps to obtain the best possible result for the Subsidiary, in accordance with the order execution policy. The Sub-Subadviser agrees that it shall not direct portfolio transactions for the Subsidiary through any broker or dealer that is an “affiliated person” of the Sub-Subadviser or the Subadviser (as that term is defined in the 1940 Act or interpreted under applicable rules and regulations of the SEC) without the prior written approval of the Adviser, which shall not be unreasonably withheld. Subject to that duty, the Subadviser acknowledges that the Sub-Subadviser may place orders relating to Investments through Associates.
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Execution of Orders and Transactions. 7.1 The parties agree that, when executing transactions in Investments on behalf of the Company, or placing orders relating to Investments on behalf of the Company with brokers for execution by those brokers, the Investment Advisor shall (except where there is no choice of execution venue) owe a duty to take all reasonable steps to obtain the best possible result for the Company, taking into account the terms of the Investment Advisor’s order execution policy, a summary of which has been provided to the Manager and the Company. 7.2 The Investment Advisor shall maintain an authorized signatory list for the purposes of instructing the Custodian. The Investment Advisor may modify the authorized signatory list from time to time and must notify such change to the Manager, and the Company promptly after the modification. Wherever practically feasible, the Investment Advisor shall use its best efforts to arrange for any instructions to the Custodian to be jointly given by two authorized persons. 7.3 By signing this Agreement, the Manager hereby expressly consents to: (A) the Investment Advisor’s order execution policy. 7.4 Subject to applicable law and regulations, the Investment Advisor may when executing transactions in Investments on behalf of the Company or placing orders relating to Investments on behalf of the Company with brokers for execution by those brokers, aggregate those transactions or orders with those of one or more of the Investment Advisor’s other clients. The Investment Advisor will allocate aggregated orders on a fair and reasonable basis in accordance with all legal and regulatory requirements and the Investment Advisor’s order allocation policy. Aggregation may, however, on some occasions operate to the disadvantage of the Company.
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Execution of Orders and Transactions. 7.1 The parties agree that, when executing transactions in Investments on behalf of the Segregated Portfolio, or placing orders relating to Investments on behalf of the Segregated Portfolio with brokers for execution by those brokers, the Investment Adviser shall (except where there is no choice of execution venue) owe a duty to take all reasonable steps to obtain the best possible result for the Segregated Portfolio, taking into account the terms of the Investment Adviser’s order execution policy, a summary of which has been provided to the Manager and the Company. 7.2 The Investment Adviser shall maintain an authorized signatory list for the purposes of instructing the Prime Brokers and Execution Brokers. The Investment Adviser may modify the authorized signatory list from time to time and must issue a new authorized signature list to the Manager, the Company promptly after the modification. Any such authorized signatory list or modified list shall constitute part of this Agreement. Wherever practically feasible, the Investment Adviser shall use its best efforts to arrange for any instructions to the Prime Broker and Execution Brokers to be jointly given by two authorized persons. 7.3 By signing this Agreement, the Manager hereby expressly consents to: (A) the Investment Adviser’s order execution policy. 7.4 Subject to applicable law and regulations, the Investment Adviser may when executing transactions in Investments on behalf of the Segregated Portfolio or placing orders relating to Investments on behalf of the Segregated Portfolio with brokers for execution by those brokers, aggregate those transactions or orders with those of one or more of the Investment Adviser’s other clients. The Investment Adviser will allocate aggregated orders on a fair and reasonable basis in accordance with all legal and regulatory requirements and the Investment Adviser’s order allocation policy. Aggregation may, however, on some occasions operate to the disadvantage of the Segregated Portfolio.
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Execution of Orders and Transactions. 5.1 The parties agree that, when executing transactions in Investments on behalf of the Client, or placing orders relating to Investments on behalf of the Client with Brokers for execution by those Brokers, the Investment Adviser shall owe to the Client a duty to take all sufficient steps to obtain the best possible result for the Client, taking into account the Execution Factors that are relevant to the execution or placing of that order under the terms of the Investment Adviser’s order execution policy, which is attached to this Annex at Appendix A. 5.2 The Investment Adviser will summarise and make public on its website on an annual basis for each class of financial instrument in which it executes orders for, or on behalf of, the Client, the following information: (A) the top five execution venues in terms of trading volumes where it executed client orders in the preceding year; and (B) the quality of execution obtained. 5.3 The Investment Adviser shall, upon reasonable request from the Client, provide to the Client details of the Brokers to which orders are transmitted or Execution Venues where orders are placed for execution. 5.4 To the extent that the Investment Adviser places a Limit Order for the sale or purchase of equities on behalf of the Client with a Broker for execution by that Broker, the Client hereby expressly instructs the Investment Adviser not to make public (and to use reasonable endeavours to procure that the Broker does not make public) the details of that Limit Order unless the Investment Adviser considers, in its absolute discretion, that it is appropriate for such details to be made public (which shall, without limitation, be deemed to include where the relevant Broker makes the relevant details of that Limit Order public in circumstances where the Investment Adviser has given the Broker the discretion to do so).
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Execution of Orders and Transactions. 3.1 The parties agree that, when executing transactions on behalf of the Funds, or placing orders on behalf of the Funds with brokers for execution by those brokers, the Sub-Sub-Advisor shall (except to the extent that it is following a specific instruction from the Sub-Advisor in relation to the execution of an order) owe to the Funds a duty to take all sufficient steps to obtain the best possible result for the Funds, taking into account the execution factors that are relevant to the execution or placing of that order under the terms of the Sub-Sub-Advisor’s order execution policy. 3.2 Each of the Adviser and the Sub-Advisor (i) acknowledges and confirms that the Sub-Sub-Advisor has separately provided it with a summary of its updated order execution policy and (ii) hereby consents to the Sub-Sub-Advisor’s order execution policy as described in that summary. 3.3 Each of the Adviser and the Sub-Advisor hereby consents to the execution outside of a Trading Venue of its orders relating to Investments. 3.4 The Sub-Sub-Advisor may summarise and make public on an annual basis for each class of financial instrument in which it executes orders for or on behalf of its clients (including the Sub-Advisor in respect of the Funds): (i) the top five execution venues in terms of trading volumes where it executed client orders in the preceding year, and (ii) the quality of execution obtained. 3.5 The Sub-Sub-Advisor shall, upon reasonable request from the Sub-Advisor, provide to the Sub-Advisor information about brokers to which orders are transmitted or execution venues where orders are placed for execution. 3.6 Subject to the FCA Rules, the Sub-Sub-Advisor may, when executing transactions on behalf of the Funds or placing orders on behalf of the Funds with brokers for execution by those brokers, aggregate those transactions or orders wjth those of one or more of the Sub-Sub-Advisor’s other clients. Aggregation may on some occasions operate to the disadvantage of the Funds. 3.7 To the extent that the Sub-Sub-Advisor places a Limit Order for the sale or purchase of equities on behalf of the Funds with a broker for execution by that broker, the Sub-Advisor hereby expressly instructs the Sub-Sub-Advisor not to make public (and to use reasonable endeavours to procure that the broker does not make public) the details of that Limit Order unless the Sub-Sub-Advisor considers, in its absolute discretion, that it is appropriate for such details to be made public (which shall, w...
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Related to Execution of Orders and Transactions

  • Execution of Orders All orders for the creation or redemption of Creation Units shall be handled in accordance with the terms of the Prospectus, and the procedures described in Attachments A and A-1 to this Agreement. In the event the procedures include the use of recorded telephone lines, the Participant hereby consents to such use. The Trust reserves the right to issue additional or other procedures relating to the manner of creating or redeeming Creation Units, and the Participant, and the Distributor agree to comply with such procedures as may be issued from time to time, upon reasonable notice thereof. The Participant understands and acknowledges that the Transfer Agent will not effect a creation or redemption until it has received confirmation of receipt of the Participant’s incoming security transfer and/or cash through the Trust’s Clearing Process, Fed Book-Entry System, Euroclear and/or DTC in the case of a creation, and through the Trust’s Clearing Process, Euroclear and/or DTC in the case of a redemption. With respect to any order for the creation or redemption of Creation Units, the Participant acknowledges and agrees on behalf of itself and any party for which it is acting (regardless of its capacity) to return to the Trust any dividend, distribution or other corporate action paid to it or to the party for which it is acting in respect of any Deposit Security that is transferred to the Participant or any party for which it is acting that, based on the valuation of such Deposit Security at the time of transfer should have been paid to the Trust. With respect to any orders for the creation or redemption of Creation Units, the Participant also acknowledges and agrees on behalf of itself and any party for which it is acting (regardless of its capacity) that the Transfer Agent is entitled to reduce the amount of money or other proceeds due to the Participant or any party for which it is acting that, based on the valuation of such Deposit Security at the time of transfer, should be paid to the Fund. With respect to any order for the creation or redemption of Creation Units, the Trust acknowledges and agrees to return to the Participant or any party for which it is acting any dividend, distribution or other corporate action paid to the Trust in respect of any Deposit Security that is transferred to the Trust that, based on the valuation of such Deposit Security at the time of transfer, should have been paid to the Participant or any party for which it is acting.

  • Placement of Orders The Adviser shall arrange for the placing of all orders for the purchase and sale of securities for a Fund’s account with brokers or dealers selected by the Adviser. In the selection of such brokers or dealers and the placing of such orders, the Adviser is directed at all times to seek for each Fund the most favorable execution and net price available under the circumstances. It is also understood that it is desirable for the Funds that the Adviser have access to brokerage and research services provided by brokers who may execute brokerage transactions at a higher cost to the Funds than may result when allocating brokerage to other brokers, consistent with section 28(e) of the 1934 Act and any Commission staff interpretations thereof. Therefore, the Adviser is authorized to place orders for the purchase and sale of securities for a Fund with such brokers, subject to review by the Board from time to time with respect to the extent and continuation of this practice. It is understood that the services provided by such brokers may be useful to the Adviser in connection with its or its affiliates’ services to other clients.

  • Submission of Orders Those persons who purchase Shares shall make their checks payable to “Xxxx Credit Property Trust V, Inc.” or, alternatively, “CCPT V” or, in the event that the purchase is made using a Joint Subscription Agreement, “Xxxx REIT.” Checks received by the Dealer that conform to the foregoing instructions shall be transmitted for deposit as set forth below. The Dealer Manager may authorize the Dealer, if the Dealer is a “$250,000 broker-dealer”, to instruct its customers to make its checks for Shares subscribed for payable directly to the Dealer, in which case the Dealer will collect the proceeds of the subscriber’s checks and issue a check made payable in the manner described above for the aggregate amount of the subscription proceeds. Transmittal of received investor funds will be made in accordance with the following procedures: (a) If the Dealer conducts its internal supervisory procedures at the location where subscription documents and checks are initially received, the Dealer shall conduct its suitability review of the transaction and if the transaction is suitable and the paperwork is in good order forward the subscription documents and the checks to the Company by the end of the next business day following receipt of the subscription documents and the checks. (b) If the internal supervisory procedures are to be performed at a different location (the “Final Review Office”), the subscription documents and checks must be transmitted to the Final Review Office by the end of the next business day following receipt by the Dealer of the subscription documents and checks. The Final Review Office will, by the end of the next business day following receipt by the Final Review Office of the subscription documents and checks, conduct its suitability review of the transaction and if the transaction is suitable and the paperwork is in good order forward the subscription documents and the checks to the Company.

  • EXECUTION OF PURCHASE AND SALE ORDERS In connection with purchases or sales of portfolio securities for the account of the Fund, it is understood that you will arrange for the placing of all orders for the purchase and sale of portfolio securities for the account with brokers or dealers selected by you, subject to review of this selection by the Board from time to time. You will be responsible for the negotiation and the allocation of principal business and portfolio brokerage. In the selection of such brokers or dealers and the placing of such orders, you are directed at all times to seek for the Fund the best qualitative execution, taking into account such factors as price (including the applicable brokerage commission or dealer spread), the execution capability, financial responsibility and responsiveness of the broker or dealer and the brokerage and research services provided by the broker or dealer. You should generally seek favorable prices and commission rates that are reasonable in relation to the benefits received. In seeking best qualitative execution, you are authorized to select brokers or dealers who also provide brokerage and research services to the Fund and/or the other accounts over which you exercise investment discretion. You are authorized to pay a broker or dealer who provides such brokerage and research services a commission for executing a Fund portfolio transaction which is in excess of the amount of commission another broker or dealer would have charged for effecting that transaction if you determine in good faith that the amount of the commission is reasonable in relation to the value of the brokerage and research services provided by the executing broker or dealer. The determination may be viewed in terms of either a particular transaction or your overall responsibilities with respect to the Fund and to accounts over which you exercise investment discretion. The Fund and you understand and acknowledge that, although the information may be useful to the Fund and you, it is not possible to place a dollar value on such information. The Board shall periodically review the commissions paid by the Fund to determine if the commissions paid over representative periods of time were reasonable in relation to the benefits to the Fund. Consistent with the Rules of Fair Practice of the National Association of Securities Dealers, Inc., and subject to seeking best qualitative execution as described above, you may give consideration to sales of shares of the Fund as a factor in the selection of brokers and dealers to execute Fund portfolio transactions. Subject to the provisions of the 1940 Act, and other applicable law, you, any of your affiliates or any affiliates of your affiliates may retain compensation in connection with effecting the Fund's portfolio transactions, including transactions effected through others. If any occasion should arise in which you give any advice to clients of yours concerning the shares of the Fund, you will act solely as investment counsel for such client and not in any way on behalf of the Fund. Your services to the Fund pursuant to this Agreement are not to be deemed to be exclusive and it is understood that you may render investment advice, management and other services to others, including other registered investment companies.

  • TERMINATION OF ORDERS Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

  • No Violation of Orders No preliminary or permanent injunction or other order issued by any court or governmental or regulatory authority, domestic or foreign, nor any statute, rule, regulation, decree or executive order promulgated or enacted by any government or governmental or regulatory authority, which declares this Agreement invalid in any respect or prevents the consummation of the transactions contemplated hereby, or which materially and adversely affects the assets, properties, operations, prospects, net income or financial condition of MYHI shall be in effect; and no action or proceeding before any court or governmental or regulatory authority, domestic or foreign, shall have been instituted or threatened by any government or governmental or regulatory authority, domestic or foreign, or by any other person or entity, which seeks to prevent or delay the consummation of the transactions contemplated by this Agreement or which challenges the validity or enforceability of this Agreement.

  • Execution of Change Orders Change Orders shall be signed by the Contractor, ordinarily certified by the Design Professional, and approved by the Owner in accordance with the form of Change Order prescribed by the Owner. No request for payment by the Contractor for a Change Order shall be due, nor shall any such request appear on an Application for Payment, until the Change Order is executed by the Owner. In the event of emergency (see Article

  • AGGREGATION OF ORDERS On occasions when the Adviser deems the purchase or sale of a security to be in the best interest of the Allocated Assets as well as other clients of the Adviser, the Adviser may to the extent permitted by applicable laws and regulations, but shall be under no obligation to, aggregate the orders for securities to be purchased or sold. In such event, allocation of the securities so purchased or sold, as well as the expenses incurred in the transaction, will be made by the Adviser in the manner the Adviser considers to be the most equitable and consistent with its fiduciary obligations to the Portfolio and to its other clients. The Manager recognizes that, in some cases, the Adviser’s allocation procedure may limit the size of the position that may be acquired or sold for the Allocated Assets.

  • Amendments of Organization Documents Amend any of its Organization Documents in a manner materially adverse to the Lenders.

  • Amendment of Organizational Documents The Borrower will not, or will permit any Restricted Subsidiary to, amend, modify or waive any of its rights under its articles or certificate of incorporation, by-laws or other organizational documents, in either case, to the extent such amendment, modification or waiver would be adverse in any material respect to the rights or interests of the Lenders hereunder or under any other Loan Document.

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