Common use of Investment Authority; No Fiduciary Clause in Contracts

Investment Authority; No Fiduciary. In no event shall the Fund (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX Account or any authority or control respecting the disposition of any assets of the XXX Account; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX Account; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX Account. In no event shall the Fund be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXX.

Appears in 12 contracts

Samples: Agency Agreement (Federated Hermes Project & Trade Finance Tender Fund), Agency Agreement (Federated Hermes Project & Trade Finance Tender Fund), Services Agreement (Oaktree Strategic Credit Fund)

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Investment Authority; No Fiduciary. In no event shall the Fund Trust (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX IXX Account or any authority or control respecting the disposition of any assets of the XXX IXX Account; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX IXX Account; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX IXX Account. In no event shall the Fund Trust be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXXIXX.

Appears in 7 contracts

Samples: Agency Agreement (NorthStar Real Estate Capital Income Fund-C), Agency Agreement (NorthStar Real Estate Capital Income Fund-Adv), Agency Agreement (NorthStar/Townsend Institutional Real Estate Fund Inc.)

Investment Authority; No Fiduciary. In no event shall the a Fund (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX IXX Account or any authority or control respecting the disposition of any assets of the XXX IXX Account; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX IXX Account; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX IXX Account. In no event shall the a Fund be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXXIXX.

Appears in 4 contracts

Samples: Services Agreement (CPG Vintage Access Fund V, LLC), Services Agreement (CPG Vintage Access Fund IV, LLC), Services Agreement (CPG Cooper Square International Equity, LLC)

Investment Authority; No Fiduciary. In no event shall the Fund (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX IXX Account or any authority or control respecting the disposition of any assets of the XXX IXX Account; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX IXX Account; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX IXX Account. In no event shall the Fund be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXXIXX.

Appears in 3 contracts

Samples: Agency Agreement (Krane Shares Trust), Services Agreement (YieldStreet Prism Fund Inc.), Services Agreement (Wildermuth Endowment Fund)

Investment Authority; No Fiduciary. In no event shall the Fund (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX IRA Account or any authority or control respecting the disposition of any assets of the XXX IRA Account; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX IRA Account; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX IRA Account. In no event shall the Fund be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXXIRA.

Appears in 2 contracts

Samples: Agency Agreement (Federated Hermes Sustainable High Yield Bond Fund, Inc.), Agency Agreement (Federated Hermes Income Securities Trust)

Investment Authority; No Fiduciary. In no event shall the a Fund (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX IRA Account or any authority or control respecting the disposition of any assets of the XXX IRA Account; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX IRA Account; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX IRA Account. In no event shall the a Fund be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXXIRA Account.

Appears in 2 contracts

Samples: Transfer Agency Services Agreement (T. Rowe Price OHA Flexible Credit Income Fund), Transfer Agency Services Agreement (T. Rowe Price OHA Select Private Credit Fund)

Investment Authority; No Fiduciary. In no event shall the a Fund (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX IRA Account or any authority or control respecting the disposition of any assets of the XXX IRA Account; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX IRA Account; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX IRA Account. In no event shall the a Fund be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXXIRA.

Appears in 1 contract

Samples: CPG Carlyle Commitments Fund, LLC

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Investment Authority; No Fiduciary. In no event shall the Fund (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX Account or any authority or control respecting the disposition of any assets of the XXX AccountXXX; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX AccountXXX; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX AccountXXX. In no event shall the Fund be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXX.

Appears in 1 contract

Samples: Services Agreement (KKR Real Estate Select Trust Inc.)

Investment Authority; No Fiduciary. In no event shall the each Fund (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX Account or any authority or control respecting the disposition of any assets of the XXX Account; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX Account; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX Account. In no event shall the each Fund be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXX.

Appears in 1 contract

Samples: Agency Agreement (Nuveen Enhanced High Yield Municipal Bond Fund)

Investment Authority; No Fiduciary. In no event shall the any Fund (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX IXX Account or any authority or control respecting the disposition of any assets of the XXX IXX Account; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX IXX Account; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX IXX Account. In no event shall the any Fund be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXXIXX.

Appears in 1 contract

Samples: Form of Services Agreement (Pomona Investment Fund)

Investment Authority; No Fiduciary. In no event shall the a Fund (i) have or exercise any discretionary authority or discretionary control whatsoever respecting the management or any assets in any XXX IRA Account or any authority or control respecting the disposition of any assets of the XXX IRA Account; (ii) render or have authority or responsibility to render investment advice with respect to any monies or other property of any XXX IRA Account; or (iii) have or exercise any discretionary authority or discretionary responsibility in the administration of any XXX Account. IRA Account In no event shall the a Fund be deemed to be a “fiduciary” as defined in the Employee Retirement Income Security Act of 1974, as amended, and/or Section 4975 of the Code with respect to any assets or property of any XXXIRA.

Appears in 1 contract

Samples: Amendment (CPG Carlyle Commitments Fund, LLC)

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