Common use of Sargon Capital Clause in Contracts

Sargon Capital. For purposes of tracking cash, profits, costs, etc. Sargon will be accounted for, hypothetically, as if it were a separate entity, and cash and Securities made available for Sargon by the Existing Funds will be tracked as hypothetical advances made by the Existing Funds to be repaid by Sargon, all as contemplated below in this clause (d) and in clause (e) of this Section 4. References below in this clause (d) and in clause (e) to amounts that “Sargon will have access to”, “capital”, “funded”, “drawn down”, “additional capital”, “made available”, “allocated”, “outstanding” “holdings”, “investments” “paid”, “repaid”, and to “costs” “expenses”, “trading commissions”, “hedge and leverage” and the like are all set forth for the purpose of hypothetically tracking and accounting for such items within Sargon as if it were a separate entity. All of the matters referred to in this Section 4 will be tracked by and accounted for by Employer whose determination, calculation, allocation and treatment of all such matters, and all other matters necessary for, or related to, the implementation of the arrangements generally described in this Section 4 will be final and binding on all parties absent manifest error.

Appears in 4 contracts

Samples: Co Manager Agreement (Icahn Enterprises Holdings L.P.), Co Manager Agreement (Icahn Enterprises Holdings L.P.), Co Manager Agreement (Icahn Enterprises L.P.)

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