Other Activities and Investments. (a) The Investment Manager and its affiliates and any of their respective members, partners, officers, and employees shall devote so much of their time to the affairs of the Fund as in the judgment of the Investment Manager the conduct of its business shall reasonably require, and none of the Investment Manager or its affiliates shall be obligated to do or perform any act or thing in connection with the business of the Fund not expressly set forth herein.
(b) The services of the Investment Manager to the Fund are not to be deemed exclusive, and the Investment Manager is free to render similar services to others so long as its services to the Fund are not impaired thereby. To the extent that affiliates of, or other accounts managed by, the Investment Manager invest in underlying funds or other investment opportunities that limit the amount of assets and the number of accounts that they will manage, the Investment Manager may be required to choose between the Fund and other accounts or affiliated entities in making allocation decisions. The Investment Manager will make allocation decisions in a manner it believes to be equitable to each account. It is recognized that in some cases this may adversely affect the price paid or received by the Fund or the size or position obtainable for or disposed by the Fund. Nothing herein contained in this Section 5 shall be deemed to preclude the Investment Manager or its affiliates from exercising investment responsibility, from engaging directly or indirectly in any other business or from directly or indirectly purchasing, selling, holding or otherwise dealing with any securities of underlying funds or other investment opportunities for the account of any such other business, for their own accounts, for any of their family members or for other clients.
(c) It is understood that any of the shareholders, Trustees, officers and employees of the Fund may be a shareholder, director, officer or employee of, or be otherwise interested in, the Investment Manager, and in any person controlled by or under common control with the Investment Manager, and that the Investment Manager and any person controlled by or under common control with the Investment Manager may have an interest in the Fund. It is also understood that the Investment Manager and any person controlled by or under common control with the Investment Manager may have advisory, management, service or other contracts with other organizations and persons and may have othe...
Other Activities and Investments. (a) Investment Advisor is not required to devote its full time to its duties under this Agreement, but must devote such of its time to such duties as it, in its discretion exercised in good faith, determines to be necessary to conduct the affairs contemplated by this Agreement.
(b) This Agreement shall not restrict in any way the ability of Investment Advisor or any of its Affiliates to engage in any other business or investment activities. It is expressly understood that Investment Advisor and its Affiliates may effect investment transactions for their own accounts and other accounts they manage which may or may not be affiliated with the Collateral Assets and the Client, and nothing herein shall restrict the ability of Investment Advisor or its Affiliates to engage in any such transactions; provided, however, that Investment Advisor shall not, without the prior written consent of the Client’s Board either (i) purchase any Collateral Asset from, or sell any Collateral Asset to, Investment Advisor or any other account which Investment Advisor or any of its Affiliates is the investment advisor to or is otherwise a beneficial owner of, or (ii) enter into any transaction that would constitute a “principal transaction” under the U.S. Investment Advisers Act of 1940, as amended (the “Advisers Act”).
(c) It is understood that when Investment Advisor determines that it would be appropriate for more than one account it manages to participate in an investment opportunity, Investment Advisor will seek to execute orders for, or otherwise allocate such opportunities to, such accounts on an equitable basis. In such situations, Investment Advisor may place orders for each account simultaneously and if all such orders are not filled at the same price, Investment Advisor may cause each account that is participating to pay or receive the average of the prices at which such orders were filled. If all such orders cannot be fully executed under prevailing market conditions, Investment Advisor may allocate among the accounts the securities traded in a manner which Investment Advisor considers in its reasonable discretion equitable, taking into account the size of the order placed for each account as well as any other factors which Investment Advisor deems relevant. However, Investment Advisor is not obligated to devote any specific amount of time to its duties under this Agreement and is not required to accord exclusivity or priority to the Client in the management of the Coll...
Other Activities and Investments. (a) The Adviser shall not be required to devote its full time to the affairs of the Accounts, but shall devote such of its time to the business and affairs of the Accounts as it shall, in its discretion exercised in good faith, determine to be necessary to conduct the affairs of each Account. The Adviser shall use that degree of ordinary care and reasonable diligence in the performance of services hereunder that an experienced and qualified provider of similar services would use.
(b) The Adviser and each of its directors, officers, affiliates, employees or agents thereof may engage in or possess an interest in other business ventures or commercial dealings of every kind and description, independently or with others, including, but not limited to, management of other accounts, investment in, or financing, acquisition and disposition of, securities, investment and management counseling, brokerage services, serving as directors, officers, advisers or agents of other companies, partners of any partnership, or trustee of any trust, or entering into any other commercial arrangements, whether or not any such activities may conflict with any interest of the parties hereto with respect to the Account. However, in the event the Adviser concludes, in its reasonable judgment, that any of the activities described in the preceding sentence constitute a conflict of interest between the person or persons engaging in the activity and either of the Companies with respect to the Accounts, the Adviser shall provide notice of such conflict of interest to the Board of Directors of the applicable Company.
(c) The Client understands that the Adviser performs investment advisory services for clients other than the Client and that the Adviser may give advice, make recommendations and take action with respect to other clients that may be similar or different from that given to the Client. The Client recognizes that other clients of the Adviser, as well as the Adviser, its principals, employees, affiliates and their family members, may hold, and engage in transactions in, securities purchased or sold for the Client or about which the Adviser has given the Client recommendations or advice. The Client also agrees that the Adviser has no obligation to purchase, sell or make recommendations with respect to any security for the Client that the Adviser purchases, sells or recommends to any client, or in which the Adviser, its principals, employees, affiliates or their family members engage...
Other Activities and Investments. (a) The Investment Manager and its affiliates and any of their respective members, partners, officers, and employees shall devote so much of their time to the affairs of the Fund as in the judgment of the Investment Manager the conduct of its business shall reasonably require, and none of the Investment Manager or its affiliates shall be obligated to do or perform any act or thing in connection with the business of the Fund not expressly set forth herein.
(b) The services of the Investment Manager to the Fund are not to be deemed exclusive, and the Investment Manager is free to render similar services to others so long as its services to the Fund are not impaired thereby. Nothing herein contained in this Agreement shall be deemed to preclude the Investment Manager or its affiliates from exercising investment responsibility, from engaging directly or indirectly in any other business.
(c) It is understood that any of the members, managers, officers, and employees of the Fund may be a shareholder, director, officer or employee of, or be otherwise interested in, the Investment Manager, and in any person controlled by or under common control with the Investment Manager, and that the Investment Manager and any person controlled by or under common control with the Investment Manager may have an interest in the Fund. It is also understood that the Investment Manager and any person controlled by or under common control with the Investment Manager may have advisory, management, service, or other contracts with other organizations and persons and may have other interests and business.
(d) It is understood that the Fund is raising capital through a Reg A tier 2 with the Securities and Exchange Commission. Hence as the day-to-day operatiqns fall solely with Investment Manager, the Investment Manager will continually use its best judgment to complies with the Securities and Exchange Commission regulations and requirements. Hence the Investment Manager consent to the Fund's Reg A filling.
Other Activities and Investments. (a) The Investment Manager, General Partner, and their affiliates and any of their respective members, partners, officers, and employees shall devote so much of their time to the affairs of the Fund as in the judgment of the Investment Manager and General Partner. The Investment Manager or its affiliates shall be obligated to do or perform any act or thing in connection with the business of the Fund not expressly set forth herein, unless agreed upon separately between the Investment Manager and General Partner.
(b) The services of the Investment Manager and General Partner to the Fund are not to be deemed exclusive, and the Investment Manager and General Partner are free to render similar services to others so long as their services to the Fund are not impaired thereby. The Investment Manager will make allocation decisions in a manner it believes to be equitable to each account. It is recognized that in some cases this may adversely affect the price paid or received by the Fund or the size or position obtainable for or disposed by the Fund. Nothing herein contained in this Section 5 shall be deemed to preclude the Investment Manager or their affiliates from exercising investment responsibility, from engaging directly or indirectly in any other business or from directly or indirectly purchasing, selling, holding or otherwise dealing with any securities of underlying funds or other investment opportunities for the account of any such other business, for their own accounts, for any of their family members or for other clients.
Other Activities and Investments. The Service Providers and their respective members, officers, employees, agents, delegates and affiliates (and each of their respective direct and indirect partners, members, managers, directors, officers, employees, delegates, agents and affiliates) (collectively, “Affiliates”) may engage, simultaneously with their Services on behalf of the Company, in other businesses, and may render services similar to those described in this Agreement to Other Clients (as defined below) and shall not by reason of engaging in other businesses or rendering of services for others be deemed to be acting in conflict with the interests of the Company; provided, however, that in the event that a Service Provider renders the same or similar services as the Services to Other Clients (“Other Services”), such Service Provider shall notify the Company and give the Company the option to engage such Service Provider for such Other Services on the same or better terms as such Other Services are being provided to such Other Clients. The Service Providers and their respective Affiliates, in their individual capacities, may engage in cryptocurrency transactions that may be different from, and contrary to, transactions engaged in by the Company. The Service Providers and their respective Affiliates may provide similar services to individuals, entities and other clients (“Other Clients”) and in connection therewith engage in cryptocurrency transactions that may be different from, and contrary to, transactions engaged in by the Company.
