Common use of Independent Activities of the Manager Clause in Contracts

Independent Activities of the Manager. The Manager is not required to manage the Fund as its sole and exclusive function. The Manager has business interests and engages in activities other than those relating to the Fund. The pursuit of such ventures by the Manager and/or Affiliates, even if competitive with the business of the Fund, shall not be deemed wrongful or improper or a violation of any fiduciary duties by the Manager. Notwithstanding the foregoing, if the Manager receives an opportunity to invest in or manage or in any way benefit from an opportunity that is competitive with or similar to Assets in which the Fund ordinarily might invest, the Manager shall grant the Fund such opportunity prior to taking such opportunity for itself, on the same terms and conditions as the opportunity was presented to the Manager.

Appears in 6 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

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Independent Activities of the Manager. The Manager is not required to manage the Fund Company as its sole and exclusive function. The Manager has It may have other business interests and engages may engage in activities other than those relating to the FundCompany. The pursuit of such ventures by the Manager and/or Affiliates, even if competitive with the business of the FundCompany, shall not be deemed wrongful or improper or a violation of any fiduciary duties by the Manager. Notwithstanding the foregoing, if the Manager receives an opportunity to invest in or manage or in any way benefit from an opportunity that is competitive with or similar to Assets in which the Fund ordinarily might invest, the Manager shall grant the Fund such opportunity prior to taking such opportunity for itself, on the same terms and conditions as the opportunity was presented to the Manager.

Appears in 3 contracts

Samples: Limited Liability Operating Agreement, Limited Liability Operating Agreement, Limited Liability Operating Agreement

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Independent Activities of the Manager. The Manager is not required to manage the Fund Company as its sole and exclusive function. The Manager has It may have other business interests and engages may engage in activities other than those relating to the FundCompany. The pursuit of such ventures by the Manager and/or AffiliatesOriginator, even if competitive with the business of the FundCompany, shall not be deemed wrongful or improper or a violation of any fiduciary duties by the Manager. Notwithstanding the foregoing, if the Manager receives an opportunity to invest in or manage manage, or in any way benefit from an opportunity that is competitive with or similar to Assets in which the Fund ordinarily might invest, the Manager shall grant the Fund such opportunity prior to taking such opportunity for itself, on the same terms and conditions as the opportunity was presented to the Manager.

Appears in 1 contract

Samples: Subscription Agreement

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