Common use of Interested Parties Clause in Contracts

Interested Parties. The fact that a Sponsor Party or an Investor is directly or indirectly interested in or connected with this FuturesAccess Fund or a related party with which or with whom this FuturesAccess Fund has dealings, including but not limited to the Sponsor’s sharing in the Management Fees paid and Performance Fees paid by this FuturesAccess Fund to the Trading Advisor (such sharing to be effected either by the Trading Advisor’s making a direct payment to the Sponsor or by the Trading Advisor’s making payments to this FuturesAccess Fund which are specially allocated solely to the Sponsor, distributed to the Sponsor pursuant to a non-pro rata distribution or paid by this FuturesAccess Fund to the Sponsor as a third party (rather than in its capacity as a member)), the receipt or rebate of other advisory and/or management fees, brokerage commissions, “bid-ask” spreads, xxxx-ups or other expenses, shall not preclude such dealings or make them void or voidable; and neither this FuturesAccess Fund nor any of the Investors shall have any rights in or to any such dealings or in or to any profits derived therefrom.

Appears in 21 contracts

Samples: Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC), Limited Liability Company Operating Agreement (Aspect FuturesAccess LLC), Limited Liability Company Operating Agreement (ML Winton FuturesAccess LLC)

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Interested Parties. The fact that a Sponsor Party or an Investor is directly or indirectly interested in or connected with this FuturesAccess Fund or a related party with which or with whom this FuturesAccess Fund has dealings, including but not limited to the Sponsor’s sharing in the Management Fees paid and Performance Fees paid by this FuturesAccess Fund to the Trading Advisor (such sharing to be effected either by the Trading Advisor’s making a direct payment to the Sponsor or by the Trading Advisor’s making payments to this FuturesAccess Fund which are specially allocated solely to the Sponsor, distributed to the Sponsor pursuant to a non-pro rata distribution or paid by this FuturesAccess Fund to the Sponsor as a third party (rather than in its capacity as a member)), the receipt or rebate of other advisory and/or management fees, brokerage commissions, “bid-ask” spreads, xxxxmxxx-ups or other expenses, shall not preclude such dealings or make them void or voidable; and neither this FuturesAccess Fund nor any of the Investors shall have any rights in or to any such dealings or in or to any profits derived therefrom.

Appears in 5 contracts

Samples: Limited Liability Company Operating Agreement (Highbridge Commodities FuturesAccess LLC), Limited Liability Company Operating Agreement (Aspect FuturesAccess LLC), Limited Liability Company Operating Agreement (Highbridge Commodities FuturesAccess LLC)

Interested Parties. The fact that a Sponsor Party or an Investor is directly or indirectly interested in or connected with this FuturesAccess Fund or a related party with which or with whom this FuturesAccess Fund has dealings, including but not limited to the Sponsor’s 's sharing in the Management Fees paid and Performance Fees paid by this FuturesAccess Fund to the Trading Advisor (such sharing to be effected either by the Trading Advisor’s 's making a direct payment to the Sponsor or by the Trading Advisor’s 's making payments to this FuturesAccess Fund which are specially allocated solely to the Sponsor, distributed to the Sponsor pursuant to a non-pro rata distribution or paid by this FuturesAccess Fund to the Sponsor as a third party (rather than in its capacity as a member)), the receipt or rebate of other advisory and/or management fees, brokerage commissions, "bid-ask" spreads, xxxx-ups or other expenses, shall not preclude such dealings or make them void or voidable; and neither this FuturesAccess Fund nor any of the Investors shall have any rights in or to any such dealings or in or to any profits derived therefrom.

Appears in 5 contracts

Samples: Limited Liability Company Operating Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC), Limited Liability Company Operating Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC), Limited Liability Company Operating Agreement (Aspect FuturesAccess LLC)

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Interested Parties. The fact that a Sponsor Party or an Investor is directly or indirectly interested in or connected with this FuturesAccess Fund or a related party with which or with whom this FuturesAccess Fund has dealings, including but not limited to the Sponsor’s 's sharing in the Management Fees paid and Performance Fees paid by this FuturesAccess Fund to the Trading Advisor (such sharing to be effected either by the Trading Advisor’s 's making a direct payment to the Sponsor or by the Trading Advisor’s 's making payments to this FuturesAccess Fund which are specially allocated solely to the Sponsor, distributed to the Sponsor pursuant to a non-pro rata distribution or paid by this FuturesAccess Fund to the Sponsor as a third party (rather than in its capacity as a member)), the receipt or rebate of other advisory and/or management fees, brokerage commissions, "bid-ask" spreads, xxxxmxxx-ups or other expenses, shall not preclude such dealings or make them void or voidable; and neither this FuturesAccess Fund nor any of the Investors shall have any rights in or to any such dealings or in or to any profits derived therefrom.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC)

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