Mandatory Redemptions. The Board may cause the Company to redeem the Interest of a Member or of any person acquiring such an Interest from or through a Member in the event that the Board determines or has reason to believe that, among other things: 1. such Interest has been transferred or such Interest has vested in any person by operation of law as a result of the death, dissolution, bankruptcy, or incompetency of a Member; 2. ownership of such Interest by a Member or other person will cause the Company to be in violation of, or require registration of any Interests, or subject the Company or the Investment Manager to additional registration or regulation under, the securities, commodities, or other laws of the United States or any other relevant jurisdiction; 3. continued ownership of such Interest may be harmful or injurious to the business or reputation of the Company or the Investment Manager, or may subject the Company or any of its Members to an undue risk of adverse tax or other fiscal consequences; 4. for any period during which an emergency exists as a result of which it is not reasonably practicable for the Company to dispose of securities it owns or to determine the value of the Company’s net assets; 5. any representation or warranty made by a Member in connection with the acquisition of such Interest was not true when made or has ceased to be true; or 6. it would be in the best interests of the Company, as determined by the Board in its sole and absolute discretion, for the Company to redeem such Interest.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (FEG Directional Access Fund LLC), Limited Liability Company Operating Agreement (FEG Equity Access Fund LLC)
Mandatory Redemptions. The Board may cause the Company Fund to redeem the Interest Units of a Member or of any person acquiring such an Interest Units thereof from or through a Member in the event that the Board determines or has reason to believe that, among other things:
(1. ) such Interest has Units have been transferred or such Interest has Units have vested in any person by operation of law as a result of the death, dissolution, bankruptcy, or incompetency of a Member;
(2. ) ownership of such Interest Unit by a Member or other person will cause the Company Fund to be in violation of, or require registration of any InterestsUnits, or subject the Company Fund or the Investment Manager Adviser to additional registration or regulation under, the securities, commodities, or other laws of the United States or any other relevant jurisdiction;
(3. ) continued ownership of such Interest Units may be harmful or injurious to the business or reputation of the Company Fund or the Investment ManagerAdviser, or may subject the Company Fund or any of its Members to an undue risk of adverse tax or other fiscal consequences;
(4. ) for any period during which an emergency exists as a result of which it is not reasonably practicable for the Company Fund to dispose of securities it owns or to determine the value of the Company’s Fund's net assets;
(5. ) any representation or warranty made by a Member in connection with the acquisition of such Interest Units was not true when made or has ceased to be true; or
(6. ) it would be in the best interests of the CompanyFund, as determined by the Board in its sole and absolute discretion, for the Company Fund to redeem such Interesta Unit.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (Mount Yale Opportunity Fund, LLC), Limited Liability Company Operating Agreement (Mount Yale Opportunity Fund, LLC)
Mandatory Redemptions. The Board may cause the Company to redeem the Interest of a Member or of any person acquiring such an Interest from or through a Member in the event that the Board determines or has reason to believe that, among other things:
(1. ) such Interest has been transferred or such Interest has vested in any person by operation of law as a result of the death, dissolution, bankruptcy, or incompetency of a Member;
(2. ) ownership of such Interest by a Member or other person will cause the Company to be in violation of, or require registration of any Interests, or subject the Company or the Investment Manager to additional registration or regulation under, the securities, commodities, or other laws of the United States or any other relevant jurisdiction;
(3. ) continued ownership of such Interest may be harmful or injurious to the business or reputation of the Company or the Investment Manager, or may subject the Company or any of its Members to an undue risk of adverse tax or other fiscal consequences;
(4. ) for any period during which an emergency exists as a result of which it is not reasonably practicable for the Company to dispose of securities it owns or to determine the value of the Company’s net assets;
(5. ) any representation or warranty made by a Member in connection with the acquisition of such Interest was not true when made or has ceased to be true; or
(6. ) it would be in the best interests of the Company, as determined by the Board in its sole and absolute discretion, for the Company to redeem such Interest.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Feg Absolute Access Fund LLC)
Mandatory Redemptions. The Board may cause the Company Fund to redeem the Interest Units of a Member or of any person acquiring such an Interest Units thereof from or through a Member in the event that the Board determines or has reason to believe that, among other things:
(1. ) such Interest has Units have been transferred or such Interest has Units have vested in any person by operation of law as a result of the death, dissolution, bankruptcy, or incompetency of a Member;
(2. ) ownership of such Interest Unit by a Member or other person will cause the Company Fund to be in violation of, or require registration of any InterestsUnits, or subject the Company Fund or the Investment Manager Adviser to additional registration or regulation under, the securities, commodities, or other laws of the United States or any other relevant jurisdiction;
(3. ) continued ownership of such Interest Units may be harmful or injurious to the business or reputation of the Company Fund or the Investment ManagerAdviser, or may subject the Company Fund or any of its Members to an undue risk of adverse tax or other fiscal consequences;
(4. ) for any period during which an emergency exists as a result of which it is not reasonably practicable for the Company Fund to dispose of securities it owns or to determine the value of the Company’s Fund's net assets;
(5. ) any representation or warranty made by a Member in connection with the acquisition of such Interest Units was not true when made or has ceased to be true; or
(6. ) it would be in the best interests of the CompanyFund, as determined by the Board in its sole and absolute discretion, for the Company Fund to redeem such Interest.an Unit. ---------------------------------------------------------
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Db Hedge Strategies Fund LLC)
Mandatory Redemptions. The Board may cause the Company to redeem the Interest Units of a Member or of any person acquiring such an Interest Units from or through a Member in the event that the Board determines or has reason to believe that, among other things:
1. such Interest has Units have been transferred or such Interest has vested in any person by operation of law as a result of the death, dissolution, bankruptcy, or incompetency of a Member;
2. ownership of such Interest Units by a Member or other person will cause the Company to be in violation of, or require registration of any Interests, or subject the Company or the Investment Manager to additional registration or regulation under, the securities, commodities, or other laws of the United States or any other relevant jurisdiction;
3. continued ownership of such Interest Units may be harmful or injurious to the business or reputation of the Company or the Investment Manager, or may subject the Company or any of its Members to an undue risk of adverse tax or other fiscal consequences;
4. for any period during which an emergency exists as a result of which it is not reasonably practicable for the Company to dispose of securities it owns or to determine the value of the Company’s net assets;
5. any representation or warranty made by a Member in connection with the acquisition of such Interest Units was not true when made or has ceased to be true; or
6. it would be in the best interests of the Company, as determined by the Board in its sole and absolute discretion, for the Company to redeem such InterestUnits.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (FEG Directional Access Fund LLC)
Mandatory Redemptions. The Board may cause the Company Fund to redeem the Interest Units of a Member or of any person acquiring such an Interest Units thereof from or through a Member in the event that the Board determines or has reason to believe that, among other things:
(1. ) such Interest has Units have been transferred or such Interest has Units have vested in any person by operation of law as a result of the death, dissolution, bankruptcy, or incompetency of a Member;
(2. ) ownership of such Interest Unit by a Member or other person will cause the Company Fund to be in violation of, or require registration of any InterestsUnits, or subject the Company Fund or the Investment Manager Adviser to additional registration or regulation under, the securities, commodities, or other laws of the United States or any other relevant jurisdiction;
(3. ) continued ownership of such Interest Units may be harmful or injurious to the business or reputation of the Company Fund or the Investment ManagerAdviser, or may subject the Company Fund or any of its Members to an undue risk of adverse tax or other fiscal consequences;
(4. ) for any period during which an emergency exists as a result of which it is not reasonably reasonabHly practicable for the Company Fund to dispose of securities it owns or to determine the value of the Company’s Fund's net assets;
(5. ) any representation or warranty made by a Member in connection with the acquisition of such Interest Units was not true when made or has ceased to be true; or
(6. ) it would be in the best interests of the CompanyFund, as determined by the Board in its sole and absolute discretion, for the Company Fund to redeem such Interest.an Unit. ------------------------------------------------------------------------------
Appears in 1 contract
Samples: Limited Liability Company Agreement (Db Absolute Return Fund LLC)
Mandatory Redemptions. The Board may cause the Company to redeem the Interest Units of a Member or of any person acquiring such an Interest Units from or through a Member in the event that the Board determines or has reason to believe that, among other things:
(1. ) such Interest has Units have been transferred or such Interest has Units have vested in any person by operation of law as a result of the death, dissolution, bankruptcy, or incompetency of a Member;
(2. ) ownership of such Interest Units by a Member or other person will cause the Company to be in violation of, or require registration of any InterestsUnits, or subject the Company or the Investment Manager to additional registration or regulation under, the securities, commodities, or other laws of the United States or any other relevant jurisdiction;
(3. ) continued ownership of such Interest Units may be harmful or injurious to the business or reputation of the Company or the Investment Manager, or may subject the Company or any of its Members to an undue risk of adverse tax or other fiscal consequences;
(4. ) for any period during which an emergency exists as a result of which it is not reasonably practicable for the Company to dispose of securities it owns or to determine the value of the Company’s net assets;
(5. ) any representation or warranty made by a Member in connection with the acquisition of such Interest Units was not true when made or has ceased to be true; or
(6. ) it would be in the best interests of the Company, as determined by the Board in its sole and absolute discretion, for the Company to redeem such InterestUnits.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Feg Absolute Access Fund LLC)