Investment Performance Record Sample Clauses

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.
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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.

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.

  • Annual Performance Review The Employee’s performance of his duties under this Agreement shall be reviewed by the Board of Directors or a committee of the Board of Directors at least annually and finalized within thirty (30) days of the receipt of the annual audited financial statements. The Board of Directors or a committee of the Board of Directors shall additionally review the base salary, bonus and benefits provided to the Employee under this Agreement and may, in their discretion, adjust the same, as outlined in Addendum B of this Agreement, provided, however, that Employee’s annual base salary shall not be less than the base salary set forth in Section 4(A) hereof.

  • SCHEDULE FOR PERFORMANCE REVIEWS 7.1 The performance of the Employee in relation to his performance agreement shall be reviewed for the following quarters with the understanding that the reviews in the first and the third quarter may be verbal if performance is satisfactory:

  • PERFORMANCE MANAGEMENT SYSTEM 6.1 The Performance Plan (Annexure A) to this Agreement sets out – 6.1.1 The standards and procedures for evaluating the Employee’s performance; and 6.1.2 The intervals for the evaluation of the Employee’s performance. 6.2 Despite the establishment of agreed intervals for evaluation, the Employer may in addition review the Employee’s performance at any stage while the contract of employment remains in force; 6.3 Personal growth and development needs identified during any performance review discussion must be documented in a Personal Development Plan as well as the actions agreed to and implementation must take place within set time frames; 6.4 The Employee’s performance will be measured in terms of contributions to the goals and strategies set out in the Employer’s Integrated Development Plan (IDP) as described in 6.6 – 6.12 below; 6.5 The Employee will submit quarterly performance reports (SDBIP) and a comprehensive annual performance report at least one week prior to the performance assessment meetings to the Evaluation Panel Chairperson for distribution to the panel members for preparation purposes; 6.6 Assessment of the achievement of results as outlined in the performance plan: 6.6.1 Each KPI or group of KPIs shall be assessed according to the extent to which the specified standards or performance targets have been met and with due regard to ad-hoc tasks that had to be performed under the KPI, and the score of the employer will be given to and explained to the Employee during the assessment interview. 6.6.2 A rating on the five-point scale shall be provided for each KPI or group of KPIs which will then be multiplied by the weighting to calculate the final score; 6.6.3 The Employee will submit his self-evaluation to the Employer prior to the formal assessment; 6.6.4 In the instance where the employee could not perform due to reasons outside the control of the employer and employee, the KPI will not be considered during the evaluation. The employee should provide sufficient evidence in such instances; and 6.6.5 An overall score will be calculated based on the total of the individual scores calculated above.

  • Quarterly Contractor Performance Reporting Customers shall complete a Contractor Performance Survey (Exhibit I) for each Contractor on a Quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated in Contract Exhibit D, Section 17, Additional Special Contract Conditions. The completed Contractor Performance Survey(s) will be used by the Department as a performance-reporting tool to measure the performance of Contractors. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MyFloridaMarketPlace or on the Department's website).

  • Annual Performance Evaluation On either a fiscal year or calendar year basis, (consistently applied from year to year), the Bank shall conduct an annual evaluation of Executive’s performance. The annual performance evaluation proceedings shall be included in the minutes of the Board meeting that next follows such annual performance review.

  • Excuse from performance of obligations If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and (c) when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume performance of its obligations hereunder.

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

  • Employee Performance Review When a formal review of an employee’s performance is made, the employee concerned shall be given an opportunity to discuss, sign and make written comments on the review form in question and the employee is to receive a signed copy to indicate that its contents have been read. An employee shall be entitled to a minimum of two (2) work days to review the performance review prior to providing any response to the Employer, verbally or in writing, with respect to the evaluation.

  • Due Performance Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may, in writing, demand adequate assurance of due performance and until such written assurance is received may, if commercially reasonable, suspend any performance for which the agreed return has not been received.

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