Portfolio Management Acknowledgement of Risk and Consents Sample Clauses

Portfolio Management Acknowledgement of Risk and Consents. 5.1. The PM Investor acknowledges that the Funds are created and managed by Portfolio Managers on their own, and the Company does not provide any guarantee as to the performance of any Fund. The Client waives the right to request the Company to close any or all Open Position(s) within a Fund.
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Portfolio Management Acknowledgement of Risk and Consents. 6.1 The PM Investor and/or the Associate acknowledges that the Funds and PM Strategies are created and managed by Portfolio Managers and PM Strategy Providerson their own, and the Company does not provide any guarantee as to the performance of any Fund. The PM Investor and/or the Associate waives the right to request the Company to close any or all Open Position(s) within a Fund and PM Strategy. 6.2 The Company accepts no responsibility for the activities of the Portfolio Managers and PM Strategy Provider and the performance of the Funds and PM Strategies as well as no liability for any loss or damage related to investing in the Funds and PM Strategies. Statistics and indicators provided by the Company for each Fund and PM Strategies have inherent limitations. Past performance is not indicative of future results. No representation is being made by the Company that the Funds and PM Strategies will or are likely to achieve profits or losses. PM Investors are advised to take the necessary precautions throughout the investing process. 6.3 It is the responsibility of the PM Investor to understand and acknowledge the risks before making PMInvestments and that he/she may suffer losses due to lack of diversification and/or situations where the Fund and PM Strategy is too heavily exposed in any type of financial risk such as without limitation credit risk, currency risk, concentration risk, geographical risk and that he/she may end up losing entire investment. It is understood that the Company does not pay or review the activities of Portfolio Managers and PM Strategy Provider neither confirm their experience, professionalism or guarantee the performance of the Fund(s) and PM Strategies. 6.4 The Company shall not be held liable for any omission, deliberate omission or fraud by a Portfolio Manager and PM Strategy Provider, unless to the extent where this would be the result of willful default or fraud on the part of the Company. 6.5 Any description and/or information in relation to a Fund and PM Strategy is not considered as confidential and/or personal identifiable information. The Portfolio Manager and PM Strategy Provider is able to see the name and the country of the PM Investor and vice-versa the PM Investor has the ability to see the name and the country of the Portfolio Manager and PM Strategy Provider and any other information made available through the Fund and PM Strategy. 6.6 The Company on its sole discretion and under no obligations is authorized to dis...
Sample 1
Portfolio Management Acknowledgement of Risk and Consents. The PM Investor acknowledges that the Funds are created and managed by Portfolio Managers on their own, and the Company does not provide any guarantee as to the performance of any Fund. The Client waives the right to request the Company to close any or all Open Position(s) within a Fund. The Company accepts no responsibility for the activities of the Portfolio Managers and the performance of the Funds as well as no liability for any loss or damage related to investing in the Funds. Statistics and indicators provided by the Company for each Fund have inherent limitations. Past performance is not indicative of future results. No representation is being made by the Company that the Funds will or are likely to achieve profits or losses. PM Investors are advised to take the necessary precautions throughout the investing process. It is the responsibility of the PM Investor to understand and acknowledge the risks before making Fund Investments and that he/she may suffer losses due to lack of diversification and/or situations where the Fund is too heavily exposed in any type of financial risk such as without limitation credit risk, currency risk, concentration risk, geographical risk and that he/she may end up losing entire investment. It is understood that the Company does not pay or review the activities of Portfolio Managers neither confirm their experience, professionalism or guarantee the performance of the Fund(s). The Company shall not be held liable for any omission, deliberate omission or fraud by a Portfolio Manager, unless to the extent where this would be the result of willful default or fraud on the part of the Company. Any description and/or information in relation to a Fund is not considered as confidential and/or personal information. The Portfolio Manager is able to see the name and the country of the PM Investor and vice-versa the PM Investor has the ability to see the name and the country of the Portfolio Manager and any other information made available through the Fund. The Company on its sole discretion and under no obligations is authorized to disclose Portfolio Manager’s information to the PM Investor and vice-versa. The Company reserves the right at any time with or without notice to close and/or pause and/or suspend any Portfolio Manager’s account(s), and/or Fund and/or Order. Performance statistics represented in relation to the Portfolio Manager and/or Fund are historical and the Company does not guarantee any profit for the PM Investor....
Sample 1

Related to Portfolio Management Acknowledgement of Risk and Consents

  • Risk Acknowledgement The Sub-Adviser makes no representation or warranty, express or implied, that any level of performance or investment results will be achieved by the Fund, whether on a relative or absolute basis. The Adviser understands that investment decisions made for the Fund by the Sub-Adviser are subject to various market, currency, economic, political, business and structure risks and that those investment decisions will not always be profitable.

  • Acknowledgement and Consent to Bail In of EEA Financial Institutions. Solely to the extent any Lender or L/C Issuer that is an EEA Financial Institution is a party to this Agreement and notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any Lender or L/C Issuer that is an EEA Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any Lender or L/C Issuer that is an EEA Financial Institution; and (b) the effects of any Bail-In Action on any such liability, including, if applicable: (i) a reduction in full or in part or cancellation of any such liability; (ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the write-down and conversion powers of any EEA Resolution Authority.

  • Acknowledgement of Risk (a) The Purchaser acknowledges and understands that its investment in the Securities involves a significant degree of risk, including, without limitation, (i) the Company remains a clinical stage business and requires substantial funds in addition to the proceeds from the sale of the Securities, (ii) an investment in the Company is speculative, and only Purchasers who can afford the loss of their entire investment should consider investing in the Company and the Securities, (iii) the Purchaser may not be able to liquidate its investment, (iv) transferability of the Securities is extremely limited, (v) in the event of a disposition of the Securities, the Purchaser could sustain the loss of its entire investment, and (vi) the Company has not paid any dividends on its Common Stock since inception and does not anticipate the payment of dividends in the foreseeable future. Such risks are more fully set forth in the SEC Documents; (b) The Purchaser is able to bear the economic risk of holding the Securities for an indefinite period, and has knowledge and experience in financial and business matters such that it is capable of evaluating the risks of the investment in the Securities; and (c) The Purchaser has, in connection with the Purchaser’s decision to purchase Securities, not relied upon any representations or other information (whether oral or written) other than as set forth in the representations and warranties of the Company contained herein and the information disclosed in the SEC Documents, and the Purchaser has, with respect to all matters relating to this Agreement and the offer and sale of the Securities, relied solely upon the advice of such Purchaser’s own counsel and has not relied upon or consulted any counsel to the Company.

  • Acknowledgement of Risks Client hereby acknowledges, that: (i) Digital Assets are not legal tender, are not backed by any government, and are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; (ii) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Assets; (iii) transactions in Digital Assets are irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; (iv) certain Digital Assets transactions will be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; (v) the value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued currency (“Fiat Currency”) for Digital Assets, which may result in the permanent and total loss of value of a Digital Asset should the market for that Digital Asset disappear; (vi) the volatility of the value of Digital Assets relative to Fiat Currency may result in significant losses; (vii) Digital Assets may be susceptible to an increased risk of fraud or cyber-attack; (viii) the nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access or use of Client Digital Assets; and (ix) any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.

  • Acknowledgement and Consent to Bail-In of EEAAffected Financial Institutions Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any EEAAffected Financial Institution arising under any Loan Document may be subject to the Write-Down and Conversion Powers of an EEAthe applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by: (a) the application of any Write-Down and Conversion Powers by an EEAthe applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEAAffected Financial Institution; and (b) the effects of any Bail-In Action on any such liability, including, if applicable: (i) a reduction in full or in part or cancellation of any such liability; (ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEAAffected Financial Institution, its parent entity, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or (iii) the variation of the terms of such liability in connection with the exercise of the Write-Down and Conversion Powers of any EEAthe applicable Resolution Authority.

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