Other Accounts of the Advisor. The Advisor shall be free to manage and trade accounts for other investors (including other public and private commodity pools) during the term of this Agreement and to use the same or other information and the Trading Programs utilized in the performance of services for the Trust for such other accounts so long as the Advisor's ability to carry out its obligations and duties to the Trust pursuant to this Agreement is not materially impaired thereby. Furthermore, neither the Advisor nor any principal, shareholder, director, officer, employee or agent of the Advisor shall cause or permit the Advisor to engage in any business enterprise not presently engaged in which is unrelated to the giving of commodity advice or the operation of commodity pools if such other business might reasonably be expected to have a material adverse effect on the Advisor's ability to perform its obligations and duties to the Trust under this Agreement, unless it obtains the prior written consent from the Managing Owner, which consent shall not be unreasonably withheld. In addition, the Advisor, and its principals, shareholders, partners, directors, officers, employees and agents, as applicable, also will be permitted to trade in Commodity Interests for their own accounts so long as the Advisor's ability to carry out its obligations and duties to the Trust is not materially impaired thereby. So long as the Advisor is performing services for the Trust, it agrees that it will not accept additional capital for management in the Commodity Interests markets if doing so would have a reasonable likelihood of resulting in the Advisor having to modify materially the Trading Programs being used by the Advisor for the Trust in a manner which might reasonably be expected to have a material adverse effect on the Trust (without limiting the generality of the foregoing, it is understood that this paragraph shall not prohibit the acceptance of additional capital, which acceptance requires only routine adjustments to trading patterns in order to comply with speculative position limits or daily trading limits). The Advisor agrees that, in the Advisor's management of accounts other than the account of the Trust, the Advisor will not knowingly or deliberately favor any other account managed or controlled by it or any of its principals or affiliates (in whole or in part) over the Trust on an overall basis. The preceding sentence shall not be interpreted to preclude (i) the Advisor from charging another client fees which differ from the fees to be paid to the Advisor hereunder, or (ii) an adjustment by the Advisor in the implementation of any agreed upon trading program in accordance with the procedures set forth in Section 1 hereof, which is undertaken by the Advisor in good faith in order to accommodate additional accounts or adjustments deemed, in good faith, by the Advisor to be appropriate to the management of a larger account. The Advisor, upon request, shall provide the Managing Owner with an explanation of the material differences, if any, in performance between the Trust and any other comparable account for which the Advisor or any of its principals or affiliates acts as a commodity trading advisor (in whole or in part). Upon the reasonable request of the Managing Owner, the Advisor shall provide the Managing Owner with such information as it reasonably may request for the purpose of confirming that the Trust has been treated equitably with respect to advice rendered during the term of this Agreement by the Advisor for other accounts (including accounts of the Advisor or its principals, shareholders, directors, officers, employees, and agents) managed by the Advisor, which the parties acknowledge to mean that the Managing Owner may inspect all records of the Advisor related to such other accounts during normal business hours upon its prior written request. The Advisor may, in its discretion, withhold from any such report or inspection the name of the client for whom any such account is maintained and, in any event, the Trust and the Managing Owner shall keep all such information obtained by it from the Advisor confidential.
Appears in 2 contracts
Samples: Trading Advisory Agreement (JWH Global Trust), Trading Advisory Agreement (JWH Global Portfolio Trust)
Other Accounts of the Advisor. The (a) Subject to paragraph (b) of this Section 9, the Advisor shall be free to manage and trade accounts for other investors (including other public and private commodity pools) during the term of this Agreement and to use the same or other information and the Trading Programs Approach utilized in the performance of services for the Trust Partnership for such other accounts so long as the Advisor's ability to carry out its obligations and duties to the Trust Partnership pursuant to this Agreement is not materially impaired thereby. Furthermore, neither the Advisor nor any principal, shareholder, director, officer, employee or agent of the Advisor shall cause or permit the Advisor to engage in any business enterprise not presently engaged in which is unrelated to the giving of commodity advice or the operation of commodity pools if such other business might reasonably be expected to have a material adverse effect on the Advisor's ability to perform its obligations and duties to the Trust under this Agreement, unless it obtains the prior written consent from the Managing Owner, which consent shall not be unreasonably withheld. In addition, the Advisor, Advisor and its principals, shareholders, partners, directors, officers, employees and agentsemployees, as applicable, also will be permitted to trade in Commodity Interests Commodities for their own accounts accounts, so long as the Advisor's ability to carry out its obligations and duties to the Trust Partnership is not materially impaired thereby. So .
(b) Furthermore, so long as the Advisor is performing services for the TrustPartnership, it agrees that it will not accept additional capital for management in the Commodity Interests Commodities markets if doing so would have a reasonable likelihood of resulting in the Advisor having to modify materially the its agreed upon Trading Programs Approach being used by the Advisor for the Trust Partnership in a manner which might reasonably be expected to have a material adverse effect on the Trust Partnership (without limiting the generality of the foregoing, it is understood that this paragraph shall not prohibit the acceptance of additional capital, which acceptance requires only routine adjustments to trading patterns in order to comply with speculative position limits or daily trading limits). .
(c) The Advisor agrees thatagrees, in the Advisor's its management of accounts other than the account of the TrustPartnership, the Advisor that it will not knowingly or deliberately favor any other account managed or controlled by it or any of its principals employees or affiliates (in whole or in part) over the Trust on an overall basisPartnership. The preceding sentence shall not be interpreted to preclude inter alia (i) the Advisor from charging another client fees which differ from the fees to be paid to the Advisor it hereunder, or (ii) an adjustment by the Advisor in the implementation of any agreed upon trading program Trading Approach in accordance with the procedures set forth in Section 1 hereof, which is undertaken by the Advisor in good faith in order to accommodate additional accounts or adjustments deemed, in good faith, by the Advisor to be appropriate to the management of a larger accountaccounts. The Advisor, upon requestreasonable request and receipt of adequate assurances of confidentiality, shall provide the Managing Owner General Partner with an explanation of the material differences, if any, in performance between the Trust Partnership and any other comparable similar account pursuant to the same Trading Approach for which the Advisor or any of its principals or affiliates acts as a commodity trading advisor (in whole or in part). .
(d) Upon reasonable notice from the reasonable request of the Managing OwnerGeneral Partner, the Advisor shall provide permit the Managing Owner with General Partner to review at the Advisor's offices during normal business hours such information trading records as it reasonably may request for the purpose of confirming that the Trust Partnership has been treated equitably with respect to advice rendered during the term of this Agreement by the Advisor for other accounts (including accounts of the Advisor or its principals, shareholders, directors, officers, employees, and agents) managed by the Advisor, which the parties acknowledge to mean that the Managing Owner General Partner may inspect inspect, subject to such restrictions as the Advisor may reasonably deem necessary or advisable so as to preserve the confidentiality of proprietary information and the identity of its clients, all trading records of the Advisor as it reasonably may request related to such other accounts during normal business hours upon its prior written requesthours. The Advisor may, in its discretion, withhold from any such report or inspection the name identity of the client for whom any such account is maintained and, and in any event, the Trust Partnership and the Managing Owner General Partner shall keep all such information obtained by it from the Advisor confidential.
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)
Other Accounts of the Advisor. The (a) Subject to paragraph (b) of this Section 9, the Advisor shall be free to manage and trade accounts for other investors (including other public and private commodity pools) during the term of this Agreement and to use the same or other information and the Trading Programs Approach utilized in the performance of services for the Trust for such other accounts so long as the Advisor's ability to carry out its obligations and duties to the Trust pursuant to this Agreement is not materially impaired thereby. Furthermore, neither the Advisor nor any principal, shareholder, director, officer, employee or agent of the Advisor shall cause or permit the Advisor to engage in any business enterprise not presently engaged in which is unrelated to the giving of commodity advice or the operation of commodity pools if such other business might reasonably be expected to have a material adverse effect on the Advisor's ability to perform its obligations and duties to the Trust under this Agreement, unless it obtains the prior written consent from the Managing Owner, which consent shall not be unreasonably withheld. In addition, the Advisor, Advisor and its principals, shareholders, partnersofficers, directors, officers, employees and agentsemployees, as applicable, also will be permitted to trade in Commodity Interests Commodities for their own accounts accounts, so long as the Advisor's ability to carry out its obligations and duties to the Trust is not materially impaired thereby. So .
(b) Furthermore, so long as the Advisor is performing services for the Trust, it agrees that it will not accept additional capital for management in the Commodity Interests Commodities markets if doing so would have a reasonable likelihood of resulting in the Advisor having to modify materially the its agreed upon Trading Programs Approach being used by the Advisor for the Trust in a manner which might reasonably be expected to have a material adverse effect on the Trust without giving the Managing Owner written notice thereof at least 90 days prior to accepting such additional capital (without limiting the generality of the foregoing, it is understood that this paragraph shall not prohibit the acceptance of additional capital, which acceptance requires only routine adjustments to trading patterns in order to comply with speculative position limits or daily trading limits). .]
(c) The Advisor agrees thatagrees, in the Advisor's its management of accounts other than the account of the Trust, the Advisor that it will not knowingly or deliberately favor any other account managed or controlled by it or any of its principals employees or affiliates (in whole or in part) over the Trust on an overall basisTrust. The preceding sentence shall not be interpreted to preclude (i) the Advisor from charging another client fees which differ from the fees to be paid to the Advisor it hereunder, or (ii) an adjustment by the Advisor in the implementation of the Trading Approach or other any agreed upon trading program method or strategy in accordance with the procedures set forth in Section 1 hereof, which is undertaken by the Advisor in good faith in order to accommodate additional accounts or adjustments deemed, in good faith, by the Advisor to be appropriate to the management of a larger accountaccounts. The Advisor, upon requestreasonable request and receipt of adequate assurances of confidentiality, shall provide the Managing Owner with an explanation of the material differences, if any, in performance between the Trust and any other comparable similar account pursuant to the same Trading Approach for which the Advisor or any of its principals or affiliates acts as a commodity trading advisor (in whole or in part). .
(d) Upon the reasonable request of notice from the Managing Owner, the Advisor shall provide permit the Managing Owner with to review at the Advisor's offices during normal business hours such information trading records of other accounts managed by the Advisor or its affiliates pursuant to the Trading Approach employed for the Trust as it reasonably may request for the purpose of confirming that the Trust has been treated equitably with respect to advice rendered during the term of this Agreement by the Advisor for other accounts (including accounts of the Advisor or its principals, shareholders, directors, officers, employees, and agents) managed by the Advisor, which the parties acknowledge to mean that the Managing Owner may inspect inspect, subject to such restrictions as the Advisor may reasonably deem necessary or advisable so as to preserve the confidentiality of proprietary information and the identity of its clients, all trading records of the Advisor as it reasonably may request related to such other accounts during normal business hours upon its prior written requesthours. The Advisor may, in its discretion, withhold from any such report or inspection the name identity of the client for whom any such account is maintained and, and in any event, the Trust and the Managing Owner shall keep all such information obtained by it from the Advisor confidential.
Appears in 1 contract
Other Accounts of the Advisor. The (a) Subject to paragraph (b) of this Section 9, the Advisor shall be free to manage and trade accounts for other investors (including other public and private commodity pools) during the term of this Agreement and to use the same or other information and the Trading Programs Approach utilized in the performance of services for the Trust Partnership for such other accounts so long as the Advisor's ability to carry out its his obligations and duties to the Trust Partnership pursuant to this Agreement is not materially impaired thereby. Furthermore, neither the Advisor nor any principal, shareholder, director, officer, employee or agent of the Advisor shall cause or permit the Advisor to engage in any business enterprise not presently engaged in which is unrelated to the giving of commodity advice or the operation of commodity pools if such other business might reasonably be expected to have a material adverse effect on the Advisor's ability to perform its obligations and duties to the Trust under this Agreement, unless it obtains the prior written consent from the Managing Owner, which consent shall not be unreasonably withheld. In addition, the Advisor, Advisor and its principals, shareholders, partners, directors, officers, employees and agentshis employees, as applicable, also will be permitted to trade in Commodity Interests Commodities for their own accounts accounts, so long as the Advisor's ability to carry out its his obligations and duties to the Trust Partnership is not materially impaired thereby. So .
(b) Furthermore, so long as the Advisor is performing services for the TrustPartnership, it he agrees that it he will not accept additional capital for management in the Commodity Interests Commodities markets if doing so would have a reasonable likelihood of resulting in the Advisor having to modify materially the his agreed upon Trading Programs Approach being used by the Advisor for the Trust Partnership in a manner which might reasonably be expected to have a material adverse effect on the Trust Partnership (without limiting the generality of the foregoing, it is understood that this paragraph shall not prohibit the acceptance of additional capital, which acceptance requires only routine adjustments to trading patterns in order to comply with speculative position limits or daily trading limits). .
(c) The Advisor agrees thatagrees, in the Advisor's his management of accounts other than the account of the TrustPartnership, the Advisor that he will not knowingly or deliberately favor any other account managed or controlled by it him or any of its principals his employees or affiliates (in whole or in part) over the Trust on an overall basisPartnership. The preceding sentence shall not be interpreted to preclude (i) the Advisor from charging another client fees which differ from the fees to be paid to the Advisor it hereunder, or (ii) an adjustment by the Advisor in the implementation of any agreed upon trading program Trading Approach in accordance with the procedures set forth in Section 1 hereof, which is undertaken by the Advisor in good faith in order to accommodate additional accounts or adjustments deemed, in good faith, by the Advisor to be appropriate to the management of a larger accountaccounts. The Advisor, upon requestreasonable request and receipt of adequate assurances of confidentiality, shall provide the Managing Owner General Partner with an explanation of the material differences, if any, in performance between the Trust Partnership and any other comparable similar account pursuant to the same Trading Approach for which the Advisor or any of its principals or his affiliates acts as a commodity trading advisor (in whole or in part). .
(d) Upon reasonable notice from the reasonable request of the Managing OwnerGeneral Partner, the Advisor shall provide permit the Managing Owner with General Partner to review at the Advisor's offices during normal business hours such information trading records as it he reasonably may request for the purpose of confirming that the Trust Partnership has been treated equitably with respect to advice rendered during the term of this Agreement by the Advisor for other accounts (including accounts of the Advisor or its principals, shareholders, directors, officers, employees, and agents) managed by the Advisor, which the parties acknowledge to mean that the Managing Owner General Partner may inspect inspect, subject to such restrictions as the Advisor may reasonably deem necessary or advisable so as to preserve the confidentiality of proprietary information and the identity of his clients, all trading records of the Advisor as it reasonably may request related to such other accounts during normal business hours upon its prior written requesthours. The Advisor may, in its his discretion, withhold from any such report or inspection the name identity of the client for whom any such account is maintained and, and in any event, the Trust Partnership and the Managing Owner General Partner shall keep all such information obtained by it from the Advisor confidential.
Appears in 1 contract
Samples: Advisory Agreement (Prudential Bache Capital Return Futures Fund 3 L P)
Other Accounts of the Advisor. The (a) Subject to paragraph (b) of this Section 9, the Advisor shall be free to manage and trade accounts for other investors (including in- cluding other public and private commodity pools) during the term of this Agreement and to use the same or other information and the Trading Programs Approach utilized in the performance of services for the Trust Partnership for such other accounts so long as the Advisor's ability to carry out its obligations and duties to the Trust Partnership pursuant to this Agreement is not materially impaired thereby. Furthermore, neither the Advisor nor any principal, shareholder, director, officer, employee or agent of the Advisor shall cause or permit the Advisor to engage in any business enterprise not presently engaged in which is unrelated to the giving of commodity advice or the operation of commodity pools if such other business might reasonably be expected to have a material adverse effect on the Advisor's ability to perform its obligations and duties to the Trust under this Agreement, unless it obtains the prior written consent from the Managing Owner, which consent shall not be unreasonably withheld. In addition, the Advisor, Advisor and its principals, shareholders, partners, directors, officers, employees and agentsemployees, as applicable, also will be permitted to trade in Commodity Interests Commodities for their own accounts accounts, so long as the Advisor's ability to carry out its obligations and duties to the Trust Partnership is not materially impaired thereby. So .
(b) Furthermore, so long as the Advisor is performing services for the TrustPartnership, it agrees that it will not accept additional capital for management in the Commodity Interests Commodities markets if doing so would have a reasonable likelihood of resulting in the Advisor having to modify materially the its agreed upon Trading Programs Approach being used by the Advisor for the Trust Partnership in a manner which might reasonably be expected to have a material adverse effect on the Trust Partnership (without limiting the generality of the foregoing, it is understood that this paragraph shall not prohibit the acceptance of additional capital, which acceptance requires only routine adjustments to trading patterns in order to comply with speculative position limits or daily trading limits). The Advisor agrees that, in the Advisor's management of accounts other than the account of the Trust, the Advisor will not knowingly or deliberately favor any other account managed or controlled by it or any of its principals or affiliates .
(in whole or in partd) over the Trust on an overall basis. The preceding sentence shall not be interpreted to preclude (i) the Advisor from charging another client fees which differ Upon reasonable notice from the fees to be paid to the Advisor hereunder, or (ii) an adjustment by the Advisor in the implementation of any agreed upon trading program in accordance with the procedures set forth in Section 1 hereof, which is undertaken by the Advisor in good faith in order to accommodate additional accounts or adjustments deemed, in good faith, by the Advisor to be appropriate to the management of a larger account. The Advisor, upon request, shall provide the Managing Owner with an explanation of the material differences, if any, in performance between the Trust and any other comparable account for which the Advisor or any of its principals or affiliates acts as a commodity trading advisor (in whole or in part). Upon the reasonable request of the Managing OwnerGeneral Partner, the Advisor shall provide permit the Managing Owner with General Partner to review at the Advisor's offices during normal business hours such information trading records as it reasonably may request for the purpose of confirming that the Trust Partnership has been treated equitably with respect to advice rendered during the term of this Agreement by the Advisor for other accounts (including accounts of the Advisor or its principals, shareholders, directors, officers, employees, and agents) managed by the Advisor, which the parties acknowledge to mean that the Managing Owner General Partner may inspect inspect, subject to such restrictions as the Advisor may reasonably deem necessary or advisable so as to preserve the confidentiality of proprietary information and the identity of its clients, all trading records of the Advisor as it reasonably may request related to such other accounts during normal business hours upon its prior written requesthours. The Advisor may, in its discretion, withhold from any such report or inspection the name identity of the client for whom any such account is maintained and, and in any event, the Trust Partnership and the Managing Owner General Partner shall keep all such information obtained by it from the Advisor confidential.
Appears in 1 contract
Samples: Advisory Agreement (Prudential Bache Optimax Futures Fund Lp)
Other Accounts of the Advisor. The (a) Subject to paragraph (b) of this Section 9, the Advisor shall be free to manage and trade accounts for other investors (including other public and private commodity pools) during the term of this Agreement and to use the same or other information and the Trading Programs Approach utilized in the performance of services for the Trust Partnership for such other accounts so long as the Advisor's ability to carry out its obligations and duties to the Trust Partnership pursuant to this Agreement is not materially impaired thereby. Furthermore, neither the Advisor nor any principal, shareholder, director, officer, employee or agent of the Advisor shall cause or permit the Advisor to engage in any business enterprise not presently engaged in which is unrelated to the giving of commodity advice or the operation of commodity pools if such other business might reasonably be expected to have a material adverse effect on the Advisor's ability to perform its obligations and duties to the Trust under this Agreement, unless it obtains the prior written consent from the Managing Owner, which consent shall not be unreasonably withheld. In addition, the Advisor, Advisor and its principals, shareholders, partners, directors, officers, employees and agentsemployees, as applicable, also will be permitted to trade in Commodity Interests Commodities for their own accounts accounts, so long as the Advisor's ability to carry out its obligations and duties to the Trust Partnership is not materially impaired thereby. So .
(b) Furthermore, so long as the Advisor is performing services for the TrustPartnership, it agrees that it will not accept additional capital for management in the Commodity Interests Commodities markets if doing so would have a reasonable likelihood of resulting in the Advisor having to modify materially the its agreed upon Trading Programs Approach being used by the Advisor for the Trust Partnership in a manner which might reasonably be expected to have a material adverse effect on the Trust adverse
(without limiting the generality of the foregoing, it is understood that this paragraph shall not prohibit the acceptance of additional capital, which acceptance requires only routine adjustments to trading patterns in order to comply with speculative position limits or daily trading limits). c) The Advisor agrees thatagrees, in the Advisor's its management of accounts other than the account of the TrustPartnership, the Advisor that it will not knowingly or deliberately favor any other account managed or controlled by it him or any of its principals employees or affiliates (in whole or in part) over the Trust on an overall basisPartnership. The preceding sentence shall not be interpreted to preclude inter alia (i) the Advisor from charging another client fees which differ from the fees to be paid to the Advisor it hereunder, or (ii) an adjustment by the Advisor in the implementation of any agreed upon trading program Trading Approach in accordance with the procedures set forth in Section 1 hereof, which is undertaken by the Advisor in good faith in order to accommodate additional accounts or adjustments deemed, in good faith, by the Advisor to be appropriate to the management of a larger accountaccounts. The Advisor, upon requestreasonable request and receipt of adequate assurances of confidentiality, shall provide the Managing Owner General Partner with an explanation of the material differences, if any, in performance between the Trust Partnership and any other comparable similar account pursuant to the same Trading Approach for which the Advisor or any of its principals or affiliates acts as a commodity trading advisor (in whole or in part). .
(d) Upon reasonable notice from the reasonable request of the Managing OwnerGeneral Partner, the Advisor Advi- sor shall provide permit the Managing Owner with General Partner to review at the Advisor's offices during normal business hours such information trading records as it reasonably may request for the purpose of confirming that the Trust Partnership has been treated treat- ed equitably with respect to advice rendered during the term of this Agreement by the Advisor for other accounts (including accounts of the Advisor or its principals, shareholders, directors, officers, employees, and agents) managed by the Advisor, which the parties acknowledge to mean that the Managing Owner General Partner may inspect all records of the Advisor related to such other accounts during normal business hours upon its prior written request. The Advisor mayinspect, in its discretion, withhold from any such report or inspection the name of the client for whom any such account is maintained and, in any event, the Trust and the Managing Owner shall keep all such information obtained by it from the Advisor confidential.subject to
Appears in 1 contract
Samples: Advisory Agreement (Prudential Bache Capital Return Futures Fund 2 L P)
Other Accounts of the Advisor. The (a) Subject to paragraph (b) of this Section 9, the Advisor shall be free to manage and trade accounts for other investors (including other public and private commodity pools) during the term of this Agreement and to use the same or other information and the Trading Programs Approach utilized in the performance of services for the Trust Partnership for such other accounts so long as the Advisor's ability to carry out its obligations and duties to the Trust Partnership pursuant to this Agreement is not materially impaired thereby. Furthermore, neither the Advisor nor any principal, shareholder, director, officer, employee or agent of the Advisor shall cause or permit the Advisor to engage in any business enterprise not presently engaged in which is unrelated to the giving of commodity advice or the operation of commodity pools if such other business might reasonably be expected to have a material adverse effect on the Advisor's ability to perform its obligations and duties to the Trust under this Agreement, unless it obtains the prior written consent from the Managing Owner, which consent shall not be unreasonably withheld. In addition, the Advisor, Advisor and its principals, shareholders, partners, directors, officers, employees and agentsemployees, as applicable, also will be permitted to trade in Commodity Interests Commodities for their own accounts accounts, so long as the Advisor's ability to carry out its obligations and duties to the Trust Partnership is not materially impaired thereby. So .
(b) Furthermore, so long as the Advisor is performing services for the TrustPartnership, it agrees that it will not accept additional capital for management in the Commodity Interests Commodities markets if doing so would have a reasonable likelihood of resulting in the Advisor having to modify materially the its agreed upon Trading Programs Approach being used by the Advisor for the Trust Partnership in a manner which might reasonably be expected to have a material adverse effect on the Trust Partnership (without limiting the generality of the foregoing, it is understood that this paragraph shall not prohibit the acceptance of additional capital, which acceptance requires only routine adjustments ad- justments to trading patterns in order to comply with speculative position limits or daily trading limits). .
(c) The Advisor agrees thatagrees, in the Advisor's its management of accounts other than the account of the TrustPartnership, the Advisor that it will not knowingly or deliberately favor any other account managed or controlled by it him or any of its principals employees or affiliates (in whole or in part) over the Trust on an overall basisPartnership. The preceding sentence shall not be interpreted to preclude inter alia (i) the Advisor from charging another client fees which differ from the fees to be paid to the Advisor it hereunder, or (ii) an adjustment by the Advisor in the implementation of any agreed upon trading program Trading Approach in accordance with the procedures set forth in Section 1 hereof, which is undertaken by the Advisor in good faith in order to accommodate additional accounts or adjustments deemed, in good faith, by the Advisor to be appropriate to the management of a larger accountaccounts. The Advisor, upon requestreasonable request and receipt of adequate assurances of confidentiality, shall provide the Managing Owner General Partner with an explanation of the material differences, if any, in performance between the Trust Partnership and any other comparable similar account pursuant to the same Trading Approach for which the Advisor or any of its principals or affiliates acts as a commodity trading advisor (in whole or in part). .
(d) Upon reasonable notice from the reasonable request of the Managing OwnerGeneral Partner, the Advisor shall provide permit the Managing Owner with General Partner to review at the Advisor's offices during normal business hours such information trading records as it reasonably may request for the purpose of confirming that the Trust Partnership has been treated equitably with respect to advice rendered during the term of this Agreement by the Advisor for other accounts (including accounts of the Advisor or its principals, shareholders, directors, officers, employees, and agents) managed by the AdvisorAd- visor, which the parties acknowledge to mean that the Managing Owner General Partner may inspect inspect, subject to such restrictions as the Advisor may reasonably deem necessary or advisable so as to preserve the confidentiality of proprietary information and the identity of its clients, all trading records of the Advisor as it reasonably may request related to such other accounts during normal business hours upon its prior written requesthours. The Advisor may, in its discretion, withhold from any such report or inspection the name identity of the client for whom any such account is maintained and, and in any event, the Trust Partnership and the Managing Owner General Partner shall keep all such information obtained by it from the Advisor confidential.
Appears in 1 contract
Samples: Advisory Agreement (Prudential Securities Aggressive Growth Fund Lp)
Other Accounts of the Advisor. The (a) Subject to paragraph (b) of this Section 9, the Advisor shall be free to manage and trade accounts for other investors (including other public and private commodity pools) during the term of this Agreement and to use the same or other information and the Trading Programs Approach utilized in the performance of services for the Trust for such other accounts so long as the Advisor's ability to carry out its obligations and duties to the Trust pursuant to this Agreement is not materially impaired thereby. Furthermore, neither the Advisor nor any principal, shareholder, director, officer, officer or employee or agent of the Advisor shall cause or permit the Advisor to engage in any business enterprise enterprise, not presently engaged in in, which is unrelated to the giving of commodity Commodities advice or the operation of commodity pools if such other business might reasonably be expected to will have a material adverse effect on the Advisor's ability to perform its obligations and duties to the Trust under this Agreement, unless it obtains the prior written consent from the Managing Owner, which consent shall not be unreasonably withheld. In addition, the Advisor, Advisor and its principals, shareholders, partners, directors, officers, employees and agentsemployees, as applicable, also will be permitted to trade in Commodity Interests Commodities for their own accounts accounts, so long as the Advisor's ability to carry out its obligations and duties to the Trust is not materially impaired thereby. So .
(b) Furthermore, so long as the Advisor is performing services for the Trust, it agrees that it will not accept additional capital for management in the Commodity Interests Commodities markets if doing so would have a reasonable likelihood of resulting in the Advisor having to modify materially the its agreed upon Trading Programs Approach being used by the Advisor for the Trust in a manner which might reasonably be expected to have a material adverse effect on the Trust (without limiting the generality of the foregoing, it is understood that this paragraph shall not prohibit the acceptance of additional capital, which acceptance requires only routine adjustments to trading patterns in order to comply with speculative position limits or daily trading limits). .
(c) The Advisor agrees thatagrees, in the Advisor's its management of accounts other than the account of the Trust, the Advisor that it will not knowingly or deliberately favor any other account managed or controlled by it or any of its principals employees or affiliates (in whole or in part) over the Trust on an overall basisTrust. The preceding sentence shall not be interpreted to preclude inter alia (i) the Advisor from charging another client fees which differ from the fees to be paid to the Advisor it hereunder, or (ii) an adjustment by the Advisor in the implementation of any agreed upon trading program Trading Approach in accordance with the procedures set forth in Section 1 hereof, which is undertaken by the Advisor in good faith in order to accommodate additional accounts or adjustments deemed, in good faith, by the Advisor to be appropriate to the management of a larger accountaccounts. The Advisor, upon requestreasonable request and receipt of adequate assurances of confidentiality, shall provide the Managing Owner with an explanation of the material differences, if any, in performance between the Trust and any other comparable similar account pursuant to the same Trading Approach for which the Advisor or any of its principals or affiliates acts as a commodity trading advisor (in whole or in part). Upon , including an explanation of any performance differences involving any individual trading program being utilized by the reasonable request Trust as part of the Managing Owner, the Advisor shall provide the Managing Owner with such information as it reasonably may request for the purpose of confirming that the Trust has been treated equitably with respect to advice rendered during the term of this Agreement by the Advisor for Trading Approach and any other accounts (including accounts client of the Advisor or its principals, shareholders, directors, officers, employees, and agents) managed by utilizing the Advisor, which the parties acknowledge to mean that the Managing Owner may inspect all records of the Advisor related to such other accounts during normal business hours upon its prior written request. The Advisor may, in its discretion, withhold from any such report or inspection the name of the client for whom any such account is maintained and, in any event, the Trust and the Managing Owner shall keep all such information obtained by it from the Advisor confidentialsame trading program.
Appears in 1 contract
Other Accounts of the Advisor. The (a) Subject to paragraph (b) of this Section 9, the Advisor shall be free to manage and trade accounts for other investors (including other public and private commodity pools) during the term of this Agreement and to use the same or other information and the Trading Programs Approach utilized in the performance of services for the Trust for such other accounts so long as the Advisor's ability to carry out its obligations and duties to the Trust pursuant to this Agreement is not materially impaired thereby. Furthermore, neither the Advisor nor any principal, shareholder, director, officer, officer or employee or agent of the Advisor shall cause or permit the Advisor to engage in any business enterprise enterprise, not presently engaged in in, which is unrelated to the giving of commodity Commodities advice or the operation of commodity pools if such other business might reasonably be expected to will have a material adverse effect on the Advisor's ability to perform its obligations and duties to the Trust under this Agreement, unless it obtains the prior written consent from the Managing Owner, which consent shall not be unreasonably withheld. In addition, the Advisor, Advisor and its principals, shareholders, partners, directors, officers, employees and agentsemployees, as applicable, also will be permitted to trade in Commodity Interests Commodities for their own accounts accounts, so long as the Advisor's ability to carry out its obligations and duties to the Trust is not materially impaired thereby. So .
(b) Furthermore, so long as the Advisor is performing services for the Trust, it agrees that it will not accept additional capital for management in the Commodity Interests Commodities markets if doing so would have a reasonable likelihood of resulting in the Advisor having to modify materially the its agreed upon Trading Programs Approach being used by the Advisor for the Trust in a manner which might reasonably be expected to have a material adverse effect on the Trust (without limiting the generality of the foregoing, it is understood that this paragraph shall not prohibit the acceptance of additional capital, which acceptance requires only routine adjustments to trading patterns in order to comply with speculative position limits or daily trading limits). .
(c) The Advisor agrees thatagrees, in the Advisor's its management of accounts other than the account of the Trust, the Advisor that it will not knowingly or deliberately favor any other account managed or controlled by it or any of its principals employees or affiliates (in whole or in part) over the Trust on an overall basisTrust. The preceding sentence shall not be interpreted to preclude inter alia (i) the Advisor from charging another client fees which differ from the fees to be paid to the Advisor it hereunder, or (ii) an adjustment by the Advisor in the implementation of any agreed upon trading program Trading Approach in accordance with the procedures set forth in Section 1 hereof, which is undertaken by the Advisor in good faith in order to accommodate additional accounts or adjustments deemed, in good faith, by the Advisor to be appropriate to the management of a larger accountaccounts. The Advisor, upon requestreasonable request and receipt of adequate assurances of confidentiality, shall provide the Managing Owner with an explanation of the material differences, if any, in performance between the Trust and any other comparable similar account pursuant to the same Trading Approach for which the Advisor or any of its principals or affiliates acts as a commodity trading advisor (in whole or in part). , including an explanation of any performance differences involving any individual trading program being utilized by the Trust as part of the Trading Approach and any other client of the Advisor utilizing the same trading program.
(d) Upon the reasonable request of notice from the Managing Owner, the Advisor shall provide permit the Managing Owner with to review at the Advisor's offices during normal business hours such information trading records as it reasonably may request for the purpose of confirming that the Trust has been treated equitably with respect to advice rendered during the term of this Agreement by the Advisor for other accounts (including accounts of the Advisor or its principals, shareholders, directors, officers, employees, and agents) managed by the Advisor, which the parties acknowledge to mean that the Managing Owner may inspect inspect, subject to such restrictions as the Advisor may reasonably deem necessary or advisable so as to preserve the confidentiality of proprietary information and the identity of its clients, all trading records of the Advisor as it reasonably may request related to such other accounts during normal business hours upon its prior written requesthours. The Advisor may, in its discretion, withhold from any such report or inspection the name identity of the client for whom any such account is maintained and, and in any event, the Trust and the Managing Owner shall keep all such information obtained by it from the Advisor confidential.
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