Risk Management Policies. During the term of this Agreement, EOTT LLC will maintain in effect the Risk Management Policies and adhere to and conduct its risk management activities, and cause the other Credit Parties to adhere to and conduct their respective risk management activities, in accordance with such policies. The Borrower Representative shall provide written notice to the Term Lender Agent of any changes to the Risk Management Policies that the EOTT LLC board of managers adopts promptly upon the EOTT LLC board of managers' action thereon, and in no event more than 30 days after approval by the EOTT LLC board of directors of such changes.
Risk Management Policies. Copies of any risk management policies and procedures of the Borrower and any amendments or other modifications thereto.
Risk Management Policies. The Charter School must have adopted a resolution or policy/policy handbook with administrative rules and regulations in regards to risk management and safety, which shall be posted on the Charter School website.
Risk Management Policies. Maintain Hedging Arrangements in accordance with its written risk management policies that are designed to reduce changes in the value of its assets, including the Collateral, and other interest rate risks caused by interest rate fluctuations, such Hedging Arrangements and other policies to be in form and substance acceptable to the Administrative Agreement, and furnish a copy of any modifications thereto or renewals thereof to the Administrative Agent.
Risk Management Policies. Section 4.7 of the Loan Agreement is hereby amended in its entirety to read as follows:
Risk Management Policies. The Borrower shall have provided the Agent with copies of risk management policies and programs acceptable to the Agent in its sole discretion regarding the procurement of corn and for ethanol, DDGS and WDGS marketing. In the case of ethanol marketing, the Borrower shall have provided the Agent with copies of marketing agreements pursuant to which the Borrower shall have retained professional organizations experienced in the marketing of ethanol acceptable to the Agent.”
Risk Management Policies. The parties shall each comply with the underwriting and risk management policies, procedures and practices for the Program, including policies, procedures and practices for Account origination, Transaction authorization, credit line assignment and management (including line increases and decreases and over-limit decisions), Account closures and charge-offs, and collections, all of which shall comply with Applicable Law (collectively, “Risk Management Policies”). The parties’ agreements concerning (i) the governance, change and review of the Program Risk Management Policies and (ii) Fraud management are set forth in Schedule 4.5. Section 4.6.
Risk Management Policies. Under Article 51(1) of the UCITS Directive, UCITS management companies must employ a risk management process which enables it to monitor and measure on an ongoing basis the risk of the positions and their contribution to the overall risk profile of the fund. Article 15(2) of the AIFM Directive provides for a similar rule. The risk management process of the fund manager covers three general areas: risk measure- ment, risk control, and risk monitoring.143 139. See on these and other examples ESMA, Final report – ESMA’s technical advice to the European Commission on possible implementing measures of the Alternative Investment Fund Managers Directive, ESMA/2011/379, 16 Nov. 2011, 53–55. 140. Article 18(2)(a) of Directive 2010/43/EU (referring to ‘collective portfolio management activi- ties carried out by or on behalf of the management company’, which include, among others, investment management and valuation and pricing, but however not the activities of a counterparty) and Article 31(2)(a) of the Commission Delegated Regulation on AIFMs. 141. Articles 19(2) and 20(2) of Directive 2010/43/EU and Articles 32(2) and 34 of the Commission Delegated Regulation on AIFMs. In the case of UCITS, the obligation is to act in the best interest of both the UCITS and its investors, whereas in the case of AIFs, the manager must act in the best interest of the AIF or its investors. As a consequence, the AIFM may decide that a conflicting situation is allowed because it is in the interest of the AIF, even if investor interests are damaged. This could for example occur when an AIFM extends the statutory life of an AIF in order to gain ongoing charges.
Risk Management Policies. 66 6.14 Other General Partner Obligations.......................67 6.15
Risk Management Policies. Amend, waive or modify, or fail to adhere in any material respect with the terms of the Risk Management Policies as such apply to Borrower without the prior written consent of the Required Lenders; provided that any such revisions that make the policies more conservative (restrictive) shall not require such consent.
