Reallocation of Assets Sample Clauses

Reallocation of Assets. The General Partner in its sole and absolute discretion may allocate assets away from or, with Advisor's consent to, Advisor as of the first day of any month on 10 days' prior written notice. Any refusal by Advisor to accept an allocation of additional assets must be communicated by Advisor to the General Partner within 8 days prior to the proposed allocation date after having received the required notice of the proposed allocation from the General Partner, or on such shorter notice as is acceptable to the General Partner. Notwithstanding the foregoing, the General Partner may reallocate assets away from Advisor at any time, if the purpose of the reallocation is to meet a margin call from the Partnership's clearing broker resulting from the trading activities of another commodity trading advisor engaged by the Partnership, but only to the extent that such other commodity trading advisor, whose trading has resulted in the margin call, has no Partnership assets not committed to Commodity Interest positions. The General Partner shall immediately notify Advisor and all other affected commodity trading advisors engaged by the Partnership of any reallocation.
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Reallocation of Assets. The Trading Manager may at any time and from time to time upon three Business Days’ prior notice reduce Assets allocated to the Trading Advisor (whether or not such Assets are allocated to any other trading advisor or advisors of the Trading Company ) or allocate additional Assets upon three Business Days’ prior notice to the Trading Advisor (whether or not such additional Assets are allocated away from such other trading advisor or advisors); provided that any such addition to or withdrawal from Assets allocated to the Trading Advisor will only take place on the last day of a month unless the Trading Manager determines that the best interests of the Trading Company require otherwise.
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Reallocation of Assets. The Borrower shall not reallocate any resources from the Project to any Separately Financed Facility (or from any Separately Financed Facility to the Project), unless such reallocation would be permitted if such reallocation were a transaction between the Borrower and an Affiliate of the Borrower.
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Reallocation of Assets. (i) Otherwise than as provided in Article III of the Umbrella Agreement, in the event that, subsequent to the Closing, any of the Parties hereto identifies any assets, rights or contractual arrangements, (except Excluded Assets), or at any time receives cash proceeds in respect of accounts receivable transferred pursuant to this JV Agreement, in either case which should, pursuant to the Alliance Agreements, have been but were not transferred (through inadvertence or otherwise) to the Europe JVC or the appropriate Goodyear JV Company or SRI JV Company, the Parties hereto shall cause such assets, rights or contractual arrangements or such cash proceeds to be transferred to such company as soon as possible at no charge and for no more than nominal consideration, on the same terms, and subject to the same conditions, as would have applied had such assets, rights or contractual arrangements or such cash proceeds been so transferred at Closing.
Sample 1
Reallocation of Assets. The Manager in its sole and absolute discretion may allocate assets away from or, with Advisor’s consent to, Advisor as of the first day of any month on 10 days’ prior written notice. Any refusal by Advisor to accept an allocation of additional assets must be communicated by Advisor to the Manager within 8 days prior to the proposed allocation date after having received the required notice of the proposed allocation from the Manager, or on such shorter notice as is acceptable to the Manager. Notwithstanding the foregoing, the Manager may reallocate assets away from Advisor at any time, if the purpose of the reallocation is to meet a margin call from the Segregated Portfolio’s, but only to the extent that such other commodity trading advisor, whose trading has resulted in the margin call, has no Segregated Portfolio assets not committed to Commodity Interest positions. The Manager shall immediately notify Advisor and all other affected commodity trading advisors engaged by the Segregated Portfolio of any reallocation.
Sample 1
Reallocation of Assets. The General Partner in its sole and absolute discretion may allocate assets away from or, with Advisor’s consent to, Advisor as of the first day of any month on 10 days’ prior written notice. Any refusal by Advisor to accept an allocation of additional assets must be communicated by Advisor to the General Partner within 8 days prior to the proposed allocation date after having received the required notice of the proposed allocation from the General Partner, or on such shorter notice as is acceptable to the General Partner. Notwithstanding the foregoing, the General Partner may reallocate assets away from Advisor at any time, if the purpose of the reallocation is to meet a margin call from the Partnership’s and/or the Trading Company’s clearing broker resulting from the trading activities of another commodity trading advisor engaged by the Partnership and/or the Trading Company, but only to the extent that such other commodity trading advisor, whose trading has resulted in the margin call, has no Partnership and/or Trading Company assets not committed to Commodity Interest positions. The General Partner shall immediately notify Advisor and all other affected commodity trading advisors engaged by the Partnership and/or the Trading Company of any reallocation.
Sample 1

Related to Reallocation of Assets

  • Contribution of Assets Subject to and upon the terms and conditions contained herein, on the Closing Date, Dentist shall convey, transfer, deliver and assign to Pentegra or any affiliate of Pentegra designated by Pentegra all of Dentist's right, title and interest in and to those certain assets described on EXHIBIT 1.1 attached hereto (individually, "Asset", and collectively "Assets"), free and clear of all obligations, security interests, claims, liens and encumbrances, except as specifically assumed, or taken subject to, by Pentegra pursuant to SECTION 1.3(b) hereof.

  • Distribution of Assets In case the Company shall declare or make any distribution of its assets (including cash) to holders of Common Stock as a partial liquidating dividend, by way of return of capital or otherwise, then, after the date of record for determining shareholders entitled to such distribution, but prior to the date of distribution, the holder of this Warrant shall be entitled upon exercise of this Warrant for the purchase of any or all of the shares of Common Stock subject hereto, to receive the amount of such assets which would have been payable to the holder had such holder been the holder of such shares of Common Stock on the record date for the determination of shareholders entitled to such distribution.

  • Location of Assets Neither any Obligor nor any Specified Entity carries on business, has an office or owns any properties or assets located, outside of the Permitted Jurisdictions.

  • VALUATION OF ASSETS (a) Except as may be required by the 1940 Act, the Board of Managers shall value or have valued any Securities or other assets and liabilities of the Fund as of the close of business on the last day of each Fiscal Period in accordance with such valuation procedures as shall be established from time to time by the Board of Managers and which conform to the requirements of the 1940 Act. In determining the value of the assets of the Fund, no value shall be placed on the goodwill or name of the Fund, or the office records, files, statistical data or any similar intangible assets of the Fund not normally reflected in the Fund's accounting records, but there shall be taken into consideration any items of income earned but not received, expenses incurred but not yet paid, liabilities, fixed or contingent, and any other prepaid expenses to the extent not otherwise reflected in the books of account, and the value of options or commitments to purchase or sell Securities or commodities pursuant to agreements entered into prior to such valuation date.

  • Acquisition of Assets In the event the Company or any Subsidiary acquires any assets or other properties, such assets or properties shall constitute a part of the Collateral (as defined in the Security Agreement) and the Company shall take all action necessary to perfect the Purchasers’ security interest in such assets or properties pursuant to the Security Agreement.

  • Disposition of Assets; Etc The Borrower will not, and will not permit any of its Subsidiaries to, sell, lease, license, transfer, assign or otherwise dispose of any of its business, assets, rights, revenues or property, real, personal or mixed, tangible or intangible, whether in one or a series of transactions, other than inventory sold in the ordinary course of business upon customary credit terms, sales of scrap or obsolete material or equipment, the lapse of intellectual property of the Borrower or any of its Subsidiaries that is no longer useful or material to their business and sales of fixed assets the proceeds of which are used to purchase other property of a similar nature of at least equivalent value within 180 days of such sale, provided, however, that this Section 6.09 shall not (a) prohibit any sale or other transfer of an interest in accounts or notes receivable to a Securitization Entity pursuant to Permitted Securitization Transactions if the aggregate outstanding principal amount of the Indebtedness under all Permitted Securitization Transactions does not exceed $250,000,000, (b) prohibit any sale or other transfer of any asset of the Borrower or any Subsidiary to the Borrower or any Subsidiary that is a Guarantor and (c) prohibit any such sale, lease, license, transfer, assignment or other disposition if the aggregate book value (disregarding any write-downs of such book value other than ordinary depreciation and amortization) of all of the business, assets, rights, revenues and property sold, leased, licensed, transferred, assigned or otherwise disposed of after the Effective Date and on or prior to such transaction date shall be less than 40% of the aggregate book value of the Consolidated Total Assets as of the end of the fiscal year immediately preceding such transaction and the aggregate amount of businesses, assets, rights, revenues and property sold, leased, licensed, transferred, assigned or otherwise disposed of after the Effective date and on or prior to such transaction date shall be responsible for less than 40% of the consolidated net sales or net income of the Borrower and its Subsidiaries for the fiscal year immediately preceding the date of such transaction, and if immediately after any such transaction, no Default shall exist or shall have occurred and be continuing.

  • Liquidation of Assets (a) Upon the dissolution of the Fund as provided in Section 6.1 hereof, the Board of Managers shall promptly appoint the Administrator as the liquidator and the Administrator shall liquidate the business and administrative affairs of the Fund, except that if the Board of Managers does not appoint the Administrator as the liquidator or the Administrator is unable to perform this function, a liquidator elected by Members holding a majority of the total number of votes eligible to be cast by all Members shall promptly liquidate the business and administrative affairs of the Fund. Net Profit and Net Loss during the period of liquidation shall be allocated pursuant to Section 5.4 hereof. The proceeds from liquidation (after establishment of appropriate reserves for contingencies in such amount as the Board of Managers or liquidator shall deem appropriate in its sole discretion as applicable) shall be distributed in the following manner:

  • Disposition of Assets To sell, exchange, lend, pledge, mortgage, hypothecate, write options on and lease any or all of the assets of the Trust;

  • Application of Assets Upon dissolution of the Company, the Company shall cease carrying on its business and affairs and shall commence winding up of the Company’s business and affairs and complete the winding up as soon as practicable. The Company’s affairs shall be concluded by the Managers. The assets of the Company may be liquidated or distributed in kind, as determined by the Managers, and the same shall first be applied to the satisfaction (whether by payment or the making of reasonable provision for payment) of the Company’s liabilities and then to the Members. If the assets of the Company shall not be sufficient to pay all of the liabilities of the Company, to the fullest extent permitted by law, no assets of the Company may be sold or disposed of without the written consent of all of the holders of outstanding Securities. To the extent that Company assets cannot either be sold without undue loss or readily divided for distribution in kind to the Members, then the Company may, as determined by the Managers, convey those assets to a suitable holding entity established for the benefit of the Members in order to permit the assets to be sold without undue loss and the proceeds thereof, subject to the Act, distributed to the Member at a future date. The legal form of the holding entity, the identity of the trustee or other fiduciary and the terms of its governing instrument shall be determined by the Managers.

  • Segregation of Assets The Borrower’s assets will be maintained in a manner that facilitates their identification and segregation from those of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliates thereof.

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