Common use of Liquidation of Positions Clause in Contracts

Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Managing Owner informs the Advisor, in writing via facsimile transmission or other equivalent means, that the Managing Owner considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 6 or 7, respectively, or (ii) fund its pro rata share of any redemption, distribution or Trust expense. The Managing Owner shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Managing Owner shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) business days' prior notice. In the event that losses incurred by the Advisor exceed the assets allocated to the Advisor, the Managing Owner will withdraw the funds necessary to cover such excess losses pro rata from the assets under the management of all Other Advisors.

Appears in 2 contracts

Samples: Advisory Agreement (Diversified Futures Trust I), Advisory Agreement (Diversified Futures Trust I)

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Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Managing Owner informs the Advisor, in writing via facsimile transmission or other equivalent means, that the Managing Owner considers necessary or advisable to liquidate in order to (i) effect any reallocation or termination or reallocation pursuant to Sections 6 1(h) or 76, respectively, or (ii) fund its pro rata share of any redemption, distribution or Trust expense. The Managing Owner shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Managing Owner shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) business days' prior notice. In the event that losses incurred by the Advisor exceed the assets allocated to the Advisor, the Managing Owner will withdraw the funds necessary to cover such excess losses pro rata from the assets under the management of all Other Advisors.

Appears in 2 contracts

Samples: Advisory Agreement (Diversified Futures Trust I), Advisory Agreement (Prudential Securities Strategic Trust)

Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Managing Owner General Partner informs the Advisor, in writing via facsimile transmission or other equivalent means, that the Managing Owner General Partner considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 6 or 7, respectively, or (ii) fund its pro rata share of any redemption, distribution or Trust Partnership expense. The Managing Owner General Partner shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Managing Owner General Partner shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) business days' prior notice. In the event that losses incurred by the Advisor exceed the assets allocated to the Advisor, the Managing Owner General Partner will withdraw the funds necessary to cover such excess losses pro rata from the assets under the management of all Other Advisors.

Appears in 2 contracts

Samples: Advisory Agreement (Prudential Bache Capital Return Futures Fund 2 L P), Advisory Agreement (Prudential Bache Capital Return Futures Fund 2 L P)

Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Managing Owner General Partner informs the Advisor, in writing via facsimile transmission telecopy or other equivalent means, that the Managing Owner General Partner considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 6 or 7, respectively, or (ii) fund its his pro rata share of any redemption, distribution or Trust Partnership expense. The Managing Owner General Partner shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Managing Owner General Partner shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) business days' prior notice. In the event that losses incurred by the Advisor exceed the assets allocated to the Advisor, the Managing Owner General Partner will withdraw the funds necessary to cover such excess losses pro rata from the assets under the management of all Other Advisors.

Appears in 1 contract

Samples: Advisory Agreement (Prudential Bache Capital Return Futures Fund 3 L P)

Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Managing Owner General Partner informs the Advisor, in writing via facsimile transmission telecopy or other equivalent means, that the Managing Owner General Partner considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 6 or 7, respectively, or (ii) fund its pro rata share of any redemption, distribution or Trust Partnership expense. The Managing Owner General Partner shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Managing Owner General Partner shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) business days' prior notice. In the event that losses incurred by the Advisor exceed the assets allocated to the Advisor, the Managing Owner General Partner will withdraw the funds necessary to cover such excess losses pro rata from the assets under the management of all Other Advisors.

Appears in 1 contract

Samples: Advisory Agreement (Prudential Bache Optimax Futures Fund Lp)

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Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Managing Owner General Partner informs the Advisor, in writing via facsimile transmission telecopy or other equivalent means, that the Managing Owner General Partner considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 6 or 7, respectively, or (ii) fund its pro rata share of any redemption, distribution or Trust Partnership expense. The Managing Owner General Partner shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereofhere- of. The Managing Owner General Partner shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) business days' prior notice. In the event that losses incurred by the Advisor exceed the assets allocated to the Advisor, the Managing Owner General Partner will withdraw the funds necessary to cover such excess losses pro rata from the assets under the management of all Other Advisors.

Appears in 1 contract

Samples: Advisory Agreement (Prudential Securities Aggressive Growth Fund Lp)

Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Managing Owner informs the Advisor, in writing via facsimile transmission telecopy or other equivalent means, that the Managing Owner considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 6 1 or 7, respectively, or (ii) fund its pro rata share of any redemption, distribution or Trust expense. The Managing Owner shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Managing Owner shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) business days' prior notice. In the event that losses incurred by the Advisor exceed the assets allocated to amount of the AdvisorAllocated Assets, the Managing Owner will agrees to withdraw the funds necessary to cover such excess losses pro rata from the assets under the management of all Other Advisors.

Appears in 1 contract

Samples: Advisory Agreement (Willowbridge Strategic Trust)

Liquidation of Positions. The Advisor agrees to liquidate open positions in the amount that the Managing Owner informs the Advisor, in writing via facsimile transmission telecopy or other equivalent means, that the Managing Owner considers necessary or advisable to liquidate in order to (i) effect any termination or reallocation pursuant to Sections 6 or 7, respectively, or (ii) fund its pro rata share of any redemption, distribution or Trust expense. The Managing Owner shall not, however, have authority to instruct the Advisor as to which specific open positions to liquidate, except as provided in Section 1 hereof. The Managing Owner shall provide the Advisor with such reasonable prior notice of such liquidation as is practicable under the circumstances and will endeavor to provide at least three (3) business days' prior notice. In the event that losses incurred by the Advisor exceed the assets allocated to the Advisor, the Managing Owner will withdraw the funds necessary to cover such excess losses pro rata from the assets under the management of all Other Advisors.

Appears in 1 contract

Samples: Advisory Agreement (Willowbridge Strategic Trust)

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