Common use of Resolution for liquidation Clause in Contracts

Resolution for liquidation. Liquidation of the AIF is mandatory in the cases prescribed by law. In addition, the AIFM has the right to liquidate the AIF or an individual share class. The resolution regarding the liquidation of the AIF or a share class will be published at least 30 days prior to the effective date of the liquidation on the LAFV website (xxx.xxxx.xx), as the publication medium of the AIF, and other media named in the fund documents and durable data carriers (letter, fax, email or similar). The FMA will be sent a copy of the investor notification. As from the day of such a liquidation resolution, no further shares will be is- sued, converted or redeemed. In the event of the AIF's liquidation, the liquidator will immediately start liquidating the AIF's assets in the best in- terests of the investors. The liquidator is entitled to instruct the depositary to distribute the net liquidation revenue to investors after deducting the liquidation costs. Moreover, the AIF's liquidation is carried out according to the provisions of the law on Persons and Companies (Personen- und Gesellschaftsrechts, "PGR"). If the AIFM liquidates a share class without liquidating an AIF, all the shares of that class will be redeemed at their net asset value. The AIFM will publish this redemption and the depositary will pay out the redemption price to the former investors. The liquidation/dissolution may also be settled by redemption in kind. In such a case, the investor will have 30 days to contest this following publication of the announcement regarding redemption in kind. Otherwise, redemp- tion in kind will be deemed as approved.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

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Resolution for liquidation. Liquidation of the AIF is mandatory in the cases prescribed by law. In addition, the AIFM has the right to liquidate the AIF or an individual share class. The resolution regarding the liquidation of the AIF or a share class will be published at least 30 days prior to the effective date of the liquidation on the LAFV website (xxx.xxxx.xx), as the publication medium of the AIF, and other media named in the fund documents and durable data carriers (letter, fax, email or similar). The FMA will be sent a copy of the investor notification. As from the day of such a liquidation resolution, no further shares will be is- sued, converted or redeemed. In the event of the AIF's liquidation, the liquidator AIFM will immediately start liquidating the AIF's assets in the best in- terests inter- ests of the investors. The liquidator AIFM is entitled to instruct the depositary to distribute the net liquidation revenue to investors in- vestors after deducting the liquidation costs. Moreover, the AIF's liquidation is carried out according to the provisions provi- sions of the law on Persons and Companies (Personen- und Gesellschaftsrechts, "PGR"). If the AIFM liquidates a share class without liquidating an AIF, all the shares of that class will be redeemed at their net asset value. The AIFM will publish this redemption and the depositary will pay out the redemption price to the former investors. The liquidation/dissolution may also be settled by redemption in kind. In such a case, the investor will have 30 days to contest this following publication of the announcement regarding redemption in kind. Otherwise, redemp- tion in kind will be deemed as approved.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

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Resolution for liquidation. Liquidation of the AIF is mandatory in the cases prescribed by law. In addition, the AIFM has the right to liquidate the AIF or an individual share unit class. The resolution regarding the liquidation of the AIF or a share unit class will be published at least 30 days prior to the effective date of the liquidation on the LAFV website (xxx.xxxx.xx), as the publication medium of the AIF, and as well as other media named in the fund Fund documents and durable data carriers (letter, fax, email or similar). The FMA will be sent a copy of the investor notification. As from the day of such a liquidation resolution, no further shares units will be is- suedissued, converted or redeemed. In the event of the AIF's liquidation, the liquidator will immediately start liquidating the AIF's assets in the best in- terests interests of the investors. The liquidator is entitled to instruct the depositary Depositary to distribute the net liquidation revenue to investors after deducting the liquidation costs. Moreover, the AIF's liquidation is carried out according to the provisions of the law on Persons and Companies (Personen- und Gesellschaftsrechts, "PGR"). If the AIFM liquidates a share unit class without liquidating an AIF, all the shares units of that class will be redeemed at their net asset value. The AIFM will publish this redemption and the depositary Depositary will pay out the redemption price to the former investors. The liquidation/dissolution may also be settled by redemption in kind. In such a this case, the investor will have must agree to the redemption in kind within 30 days to contest this following of the publication of the announcement regarding redemption in kindits announcement. Otherwise, redemp- tion the redemption in kind will be deemed as approvedrejected.

Appears in 1 contract

Samples: Trust Agreement

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