Investment Performance Record Sample Clauses

Investment Performance Record. All investment performance records used by any BlueMountain Operating Company or BlueMountain Subsidiary (“Track Records”) are owned by such company or subsidiary, and such company or subsidiary has the right to use the Track Records. The BlueMountain Operating Companies and the BlueMountain Subsidiaries have possession of, or ready access to, all books and records and other documentation necessary or desirable to calculate and substantiate the Track Records for purposes of the Advisers Act. To the Knowledge of the BlueMountain Operating Companies, there exist no other limitations other than those provided under applicable Laws and Regulations on the ability of Purchaser to use the Track Records after consummation of the transactions contemplated by this Agreement, and except as set forth on Schedule 2.15(g), no other Person (other than, with respect to the Track Records, each Client to which a Track Record relates) has the right to use the Track Records. No BlueMountain Operating Company, BlueMountain Subsidiary or BlueMountain Fund has given any guarantee, warranty or assurance as to the future investment performance of any BlueMountain Fund (or investment thereof) or the investment performance resulting from the Investment Advisory Services meeting or exceeding any particular level or target of investment performance.
Sample 1
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Investment Performance Record. Section 3.21 of the Company Group Disclosure Schedule contains a correct and complete list of all Track Record Composites maintained by the Company Group. Except for the Track Record Composites, no member of the Company Group is marketing any Composite. The Company owns and has the right to use the Track Records and the Track Record Composites. Neither any member of the Company Group nor either Seller has violated any Contract or Applicable Law which would cause the Track Records or Track Record Composites to be invalid or not available for use by the Company upon consummation of the transactions contemplated by this Agreement. To the extent that Track Records or Track Record Composites include information for accounts during any period in which such account was not a Client account of the Company, those investment professionals at the Company Group responsible for the investment decisions and the investment performance for such accounts were primarily responsible for the investment decisions and the investment performance of such accounts. The Company has possession of, or immediate access to, all books and records and other documentation necessary or desirable to calculate and substantiate the Track Records and Track Record Composites. To the Knowledge of the Company, there exist no other limitations other than those provided under Applicable Law on the ability of the Buyers or members of the Company Group to use the Track Records and the Track Record Composites after the Closing and no other Person (other than, with respect to the Track Records, each Client to which a Track Record relates and any sponsor of a Fund that is not sponsored by the Company) has the right to use the Track Records or Track Record Composites.
Sample 1

Related to Investment Performance Record

  • Historical Performance Information To the extent agreed upon by the parties, the Sub-Advisor will provide the Trust with historical performance information on similarly managed investment companies or for other accounts to be included in the Prospectus or for any other uses permitted by applicable law.

  • Distribution and Pool Performance Information Item 1121(a) - Distribution and Pool Performance Information

  • Due Performance The Shareholder shall have performed and complied with all the terms and conditions required by this Agreement to be performed or complied with by it before the Closing.

  • Financial Performance Covenants Notwithstanding anything to the contrary contained in Section 7.01, in the event that Holdings and the Borrower fail to comply with the requirements of any Financial Performance Covenant, until the expiration of the 10th day subsequent to the date the certificate calculating such Financial Performance Covenant is required to be delivered pursuant to Section 5.04(c), Holdings shall have the right to issue Permitted Cure Securities for cash or otherwise receive cash contributions to the capital of Holdings, and, in each case, to contribute any such cash to the capital of Borrower (collectively, the "Cure Right"), and upon the receipt by Borrower of such cash (the "Cure Amount") pursuant to the exercise by Holdings of such Cure Right such Financial Performance Covenant shall be recalculated giving effect to the following pro forma adjustments:

  • Portfolio Expense and Performance Data The Fund shall provide such data regarding each Portfolio’s expense ratios and investment performance as the Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing, the Fund shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company), but in no event later than 75 calendar days after the close of each Portfolio’s fiscal year:

  • Financial Performance Covenant Upon the occurrence and during the continuance of a Covenant Trigger Event, the Borrower will maintain a Fixed Charge Coverage Ratio of not less than 1.0 to 1.0 measured for the most recent period of four consecutive fiscal quarters for which Required Financial Statements are available (or were required to be furnished) at the time of occurrence of such Covenant Trigger Event, and each subsequent four fiscal quarter period ending during the continuance of such Covenant Trigger Event.

  • The Investment Account; Eligible Investments (a) Not later than the Withdrawal Date, the Master Servicer shall withdraw or direct the withdrawal of funds in the Custodial Accounts for P&I, for deposit in the Investment Account, in an amount representing:

  • Investment Subadvisory Services Subject to the supervision of the applicable Company’s Board of Directors (“Board”) and the Adviser, the Subadviser shall act as the investment subadviser and shall supervise and direct the investments of each Fund specified by the Adviser from time to time in accordance with the Fund’s investment objective(s), policies, and restrictions as provided in the Fund’s Prospectus and Statement of Additional Information, as currently in effect and as amended or supplemented from time to time (hereinafter referred to as the “Prospectus”), and such other limitations as the Fund or Adviser may impose by notice in writing to the Subadviser. The Subadviser shall obtain and evaluate such information relating to the economy, industries, businesses, securities markets, and securities as it may deem necessary or useful in the discharge of its obligations hereunder and shall formulate and implement a continuing program for the management of the assets and resources of each Fund allocated to the Subadviser in a manner consistent with the Fund’s investment objective(s), policies, and restrictions. In furtherance of this duty, Subadviser, on behalf of each Fund is authorized to:

  • Annual Performance Bonus In the discretion of the Company's Compensation Committee, the Executive shall be eligible to receive an annual performance bonus payable in cash for each full or partial fiscal year of the Company during the Employment Period in accordance with the Company's performance-based bonus program for Executive Officers.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

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