Common use of Purposes of the Partnership Clause in Contracts

Purposes of the Partnership. The Partnership is established for the purposes of engaging in any and all transactions permitted under applicable law including, without limitation, investing in Securities (as hereinafter defined) and engaging in all activities and transactions as the Managing General Partner may deem necessary or advisable in connection therewith, including, without limitation: (a) to invest, on margin or otherwise, in (i) securities and other financial instruments issued by or otherwise relating to a single "large-cap" consumer products company to be identified by the General Partner (such company, the "Company"), including, without limitation: common stock; preferred stock; shares of beneficial interest; bonds and other fixed income investments, notes and debentures (whether subordinated, convertible or otherwise), and (ii) derivative products relating to securities issued by the Company, including, without limitation: swaps, options, warrants, repurchase agreements, reverse repurchase agreements, caps, collars, floors and forward rate agreements (all such items in clauses (i) and (ii) being called herein a "Security" or "Securities"), and to sell Securities short and cover such sales; (b) to engage in such other lawful transactions as the Managing General Partner may from time to time determine in furtherance of the purpose set forth in Section 1.05(a); and (c) to do such other acts as is necessary or advisable in connection with the maintenance and administration of the Partnership.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

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Purposes of the Partnership. The Partnership is established for the purposes of engaging in any and all transactions permitted under applicable law including, without limitation, investing in Securities (as hereinafter defineddefined in Section 1.06(a)) and engaging in all activities and transactions as the Managing General Partner may deem necessary or advisable in connection therewith, including, without limitation: (a) to invest, on margin or otherwise, in (i) securities and other financial instruments issued by of or otherwise relating to a single publicly traded U.S. "large-large cap" consumer products company (which has been identified to be identified prospective investors by the General Partner Partner), or any successor company or company that has been spun out of the company (such company, the "Company"), including, without limitation: common stock; preferred stock; shares of beneficial interest; American Depositary Receipts; bonds and other fixed income investments, notes and debentures (whether subordinated, convertible or otherwise), and (ii) derivative products relating to securities issued by the Company, including, without limitation: futures contracts (and options thereon) relating to stock indices, currencies, United States Government securities and securities of foreign governments, other financial instruments and all other commodities, swaps, options, warrants, repurchase agreements, reverse repurchase agreements, caps, collars, floors and forward rate agreements (all such items in clauses (i) and (ii) being called herein a "Security" or "Securities"), and to sell such Securities short and cover such sales; (b) to engage in such other lawful transactions as the Managing General Partner may from time to time determine in furtherance of the purpose set forth in Section 1.05(a1.06(a); and (c) to do such other acts as is necessary or advisable in connection with the maintenance and administration of the Partnership.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

Purposes of the Partnership. The Partnership is established for the purposes of engaging in any and all transactions permitted under applicable law including, without limitation, investing in Securities (as hereinafter herein defined) and engaging in all activities and transactions as the Managing General Partner may deem necessary or advisable in connection therewith, including, without limitation: (a) to invest, on margin or otherwise, in (i) securities and other financial instruments issued by of or otherwise relating to a single "large-cap" consumer products global industrial company which has been identified to be identified prospective investors by the Managing General Partner or any successor company or company that has been spun out of such company (such company, the "Company"), including, without limitation: common stock; preferred stock; shares of beneficial interest; American Depositary Receipts; bonds and other fixed income investments, notes and debentures (whether subordinated, convertible or otherwise), and (ii) derivative products relating to securities issued by the Company, including, without limitation: futures contracts (and options thereon) relating to stock indices, currencies, United States Government securities and securities of non-U.S. governments, other financial instruments and all other commodities, swaps, options, warrants, repurchase agreements, reverse repurchase agreements, caps, collars, floors and forward rate agreements (all such items in clauses (i) and (ii) being called herein a "Security" or "Securities"), and to sell Securities short and cover such sales; (b) to engage in such other lawful transactions as the Managing General Partner may from time to time determine in furtherance of the purpose set forth in Section 1.05(a); and (c) to do such other acts as is necessary or advisable in connection with the maintenance and administration of the Partnership. The Partnership may invest all of its investible assets in, or contribute some or all of its investible assets to, a vehicle formed to make an investment, directly or indirectly, in the Company, on behalf of the Partnership and potentially certain funds and/or other investment vehicles managed by the Management Company (as defined in Section 2.02(b)(xiv)) (the “Investment Vehicle”). References herein to the Partnership should be construed to include the Investment Vehicle as the context may require.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

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Purposes of the Partnership. The Partnership is established for the purposes of engaging in any and all transactions permitted under applicable law including, without limitation, investing in Securities (as hereinafter defined) and engaging in all activities and transactions as the Managing General Partner may deem necessary or advisable in connection therewith, including, without limitation: (a) to invest, on margin or otherwise, in (i) securities and other financial instruments issued by of or otherwise relating to a single U.S. "largemid-cap" consumer products company to be identified by the Managing General Partner or any successor company or company that has been spun out of such company (such company, the "Company"), including, without limitation: common stock; preferred stock; shares of beneficial interest; American Depositary Receipts; bonds and other fixed income investments, notes and debentures (whether subordinated, convertible or otherwise), and (ii) derivative products relating to securities issued by the Company, including, without limitation: futures contracts (and options thereon) relating to stock indices, currencies, United States Government securities and securities of non-U.S. governments, other financial instruments and all other commodities, swaps, options, warrants, repurchase agreements, reverse repurchase agreements, caps, collars, floors and forward rate agreements (all such items in clauses (i) and (ii) being called herein a "Security" or "Securities"), and to sell Securities short and cover such sales; (b) to engage in such other lawful transactions as the Managing General Partner may from time to time determine in furtherance of the purpose set forth in Section 1.05(a); and (c) to do such other acts as is necessary or advisable in connection with the maintenance and administration of the Partnership.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

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