Common use of Freedom to Act Clause in Contracts

Freedom to Act. Nothing herein shall limit the authority of the Fund or the Distributor to take such lawful action as either of them may deem appropriate or advisable in connection with all matters relating to the operation of the Fund and the sale of the Shares. Nothing herein shall preclude the Fund’s Board from taking any actions it deems necessary in furtherance of its fiduciary duties, which may include refusing to sell Shares to any person or suspending or terminating the offer of any Shares of the Fund.

Appears in 8 contracts

Samples: Selling Agreement (Nexpoint Event-Driven Fund), Selling Agreement (Nexpoint Opportunistic Credit Fund), Selling Agreement (Nexpoint Opportunistic Credit Fund)

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Freedom to Act. Nothing herein shall limit the authority of the Fund or Funds, the Distributor to take such lawful action as either any of them may deem appropriate or advisable in connection with all matters relating to the operation of the Fund Funds and the sale of the Shares. Nothing herein shall preclude the a Fund’s Board from taking any actions it deems necessary in furtherance of its fiduciary duties, which may include refusing to sell Shares to any person or suspending or terminating the offer of any Shares of the any Fund.

Appears in 5 contracts

Samples: Services Agreement (Highland Global Allocation Fund), Services Agreement (Highland Global Allocation Fund Ii), Services Agreement (Highland Floating Rate Opportunities Fund Ii)

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