Common use of Structural Measures Clause in Contracts

Structural Measures. Under the AIFMG or the AIFMV, the AIFM may decide structural measures concerning the AIF at any time and at its freely exercised discretion with the approval of the FMA Liechtenstein. Structural measures are, in particular, mergers or transformation. A merger may be carried out irrespective of the legal form of the other AIF and of whether the other AIF has its registered office in Liechtenstein or not. In addition, other structural measures are also admissible under the AIFMG or AIFMV. In the absence of any rulings to the contrary below, the statutory provisions under the AIFMG or AIFMV as well as the corresponding provisions shall apply. Under Art. 85 AIFMG, a merger does not require the consent of the investors. The investors will not be granted a right of consent. Further information on dissolution, mergers and structural measures can be found in Art. 9 et seq. of the Trust Agreement. It is also possible to convert the AIF into an umbrella structure with sub funds. This is a translation from German 15 Applicable law, place of jurisdiction and authoritative language The AIF shall be governed by Liechtenstein law. Exclusive place of jurisdiction for all disputes between the investors, the AIFM and the custodian is Vaduz, Principality of Liechtenstein. Nevertheless, with regard to claims of investors from these countries, the AIFM and/or the custodian may subject themselves to a place of jurisdiction in the countries in which shares are offered and sold. Other statutorily mandatory places of jurisdiction are reserved. German is the legally binding language for the prospectus, the Trust Agreement as well as Appendix A "An Overview of the Fund". This prospectus shall come into effect on 08 April 2019. 16 Specific information for individual selling countries Under the applicable law in the Principality of Liechtenstein, the constitutive documents are approved by the FMA. This approval refers only to information concerning the implementation of the provisions of the AIFMG/AIFMV. For this reason, Appendix B "Specific Information for Individual Selling Countries" (if available), which is based on foreign law, shall not be a subject matter of the audit by the FMA and is excluded from the approval.

Appears in 1 contract

Samples: www.tpfl.ch

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Structural Measures. Under Pursuant to the AIFMG or the AIFMV, the AIFM may decide structural measures concerning the AIF may, at any time and at its freely exercised discretion sole discretion, pass resolutions on struc- tural measure with respect to the AIF, with the approval of the FMA Liechtenstein. Structural measures are, in In particular, mergers a structural meas- ure is a merger or transformationconversion. A merger may be carried out irrespective of the legal form occur independent of the other AIF AIF's legal form and irrespective of whether or not the other AIF has its registered office in Liechtenstein Liechtenstein. Sub-funds and share classes of an AIF may also be merged with each other and with one or notmore other AIF or their sub-funds and share classes. It is also possible to split the AIF and the share classes. In addition, other further structural measures are also admissible under pursuant to the AIFMG or AIFMVAIFMV are also permissible. In the absence of any rulings to the contrary belowUnless otherwise provided hereinafter, the statutory provisions under according to the AIFMG or AIFMV as well as and the corresponding associated provisions shall will apply. Under ArtPursuant to art. 85 AIFMG, a the merger does not require the consent approval of the investors. The investors will investor is not be granted a the right of consent. Further information on dissolutionconcerning the liquidation, mergers merger and structural measures can be found is available in Artart. 9 et seqin the trust agreement. of the Trust Agreement. It is also possible to convert the AIF into an umbrella structure with sub funds. This is a translation from German 15 Applicable Governing law, place of jurisdiction and authoritative language The AIF shall be is governed by Liechtenstein lawthe laws of Liechtenstein. Exclusive place of jurisdiction The exclusive legal venue for any and all disputes between arising be- tween the investors, the AIFM and the custodian depositary is Vaduz, Principality of Liechtenstein. NeverthelessHowever, with regard to the claims of investors from these countries, the AIFM and/or the custodian depositary may subject themselves submit to a the place of jurisdiction in the of countries in which shares are offered and sold. Other statutorily Contrary and mandatory statutory places of jurisdiction are reservedmay apply. German is the The legally binding language for the prospectus, the Trust Agreement as well as trust agreement and Appendix A "An Overview of the Fund"Funds" is German. This prospectus shall come enters into effect force on 08 April 2019. 16 Specific information for individual selling countries Under the applicable law in the Principality of Liechtenstein, the constitutive documents are approved by the FMA. This approval refers only to information concerning the implementation of the provisions of the AIFMG/AIFMV. For this reason, Appendix B "Specific Information for Individual Selling Countries" (if available), which is based on foreign law, shall not be a subject matter of the audit by the FMA and is excluded from the approval26 February 2018.

Appears in 1 contract

Samples: Czech Real Estate Investment Fund

Structural Measures. Under Pursuant to the AIFMG or the AIFMV, the AIFM may decide structural measures concerning the AIF may, at any time and at its freely exercised discretion sole discretion, pass resolutions on struc- tural measure with respect to the AIF, with the approval of the FMA Liechtenstein. Structural measures are, in In particular, mergers a structural meas- ure is a merger or transformationconversion. A merger may be carried out irrespective of the legal form occur independent of the other AIF AIF's legal form and irrespective of whether or not the other AIF has its registered office in Liechtenstein Liechtenstein. Sub-funds and share classes of an AIF may also be merged with each other and with one or notmore other AIF or their sub-funds and share classes. It is also possible to split the AIF and the share classes. In addition, other further structural measures are also admissible under pursuant to the AIFMG or AIFMVAIFMV are also permissible. In the absence of any rulings to the contrary belowUnless otherwise provided hereinafter, the statutory provisions under according to the AIFMG or AIFMV as well as and the corresponding associated provisions shall will apply. Under ArtPursuant to art. 85 AIFMG, a the merger does not require the consent approval of the investors. The investors will investor is not be granted a the right of consent. Further information on dissolutionconcerning the liquidation, mergers merger and structural measures can be found is available in Artart. 9 et seqin the trust agreement. of the Trust Agreement. It is also possible to convert the AIF into an umbrella structure with sub funds. This is a translation from German 15 Applicable Governing law, place of jurisdiction and authoritative language The AIF shall be is governed by Liechtenstein lawthe laws of Liechtenstein. Exclusive place of jurisdiction The exclusive legal venue for any and all disputes between arising be- tween the investors, the AIFM and the custodian depositary is Vaduz, Principality of Liechtenstein. NeverthelessHowever, with regard to the claims of investors from these countries, the AIFM and/or the custodian depositary may subject themselves submit to a the place of jurisdiction in the of countries in which shares are offered and sold. Other statutorily Contrary and mandatory statutory places of jurisdiction are reservedmay apply. German is the The legally binding language for the prospectus, the Trust Agreement as well as trust agreement and Appendix A "An Overview of the Fund"Funds" is German. This prospectus shall come enters into effect force on 08 April 201921. 16 Specific information for individual selling countries Under the applicable law in the Principality of Liechtenstein, the constitutive documents are approved by the FMA. This approval refers only to information concerning the implementation of the provisions of the AIFMG/AIFMV. For this reason, Appendix B "Specific Information for Individual Selling Countries" (if available), which is based on foreign law, shall not be a subject matter of the audit by the FMA and is excluded from the approvalJanuary 2022.

Appears in 1 contract

Samples: Czech Real Estate Investment Fund

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Structural Measures. Under Pursuant to the AIFMG or the AIFMV, the AIFM may decide structural measures concerning the AIF may, at any time and at its freely exercised discretion sole discretion, pass resolutions on struc- tural measure with respect to the AIF, with the approval of the FMA Liechtenstein. Structural measures are, in In particular, mergers a structural meas- ure is a merger or transformationconversion. A merger may be carried out irrespective of the legal form occur independent of the other AIF AIF's legal form and irrespective of whether or not the other AIF has its registered office in Liechtenstein Liechtenstein. Sub-funds and share classes of an AIF may also be merged with each other and with one or notmore other AIF or their sub-funds and share classes. It is also possible to split the AIF and the share classes. In addition, other further structural measures are also admissible under pursuant to the AIFMG or AIFMVAIFMV are also permissible. In the absence of any rulings to the contrary belowUnless otherwise provided hereinafter, the statutory provisions under according to the AIFMG or AIFMV as well as and the corresponding associated provisions shall will apply. Under ArtPursuant to art. 85 AIFMG, a the merger does not require the consent approval of the investors. The investors will investor is not be granted a the right of consent. Further information on dissolutionconcerning the liquidation, mergers merger and structural measures can be found is available in Artart. 9 et seqin the trust agreement. of the Trust Agreement. It is also possible to convert the AIF into an umbrella structure with sub funds. This is a translation from German 15 Applicable Governing law, place of jurisdiction and authoritative language The AIF shall be is governed by Liechtenstein lawthe laws of Liechtenstein. Exclusive place of jurisdiction The exclusive legal venue for any and all disputes between arising be- tween the investors, the AIFM and the custodian depositary is Vaduz, Principality of Liechtenstein. NeverthelessHowever, with regard to the claims of investors from these countries, the AIFM and/or the custodian depositary may subject themselves submit to a the place of jurisdiction in the of countries in which shares are offered and sold. Other statutorily Contrary and mandatory statutory places of jurisdiction are reservedmay apply. German is the The legally binding language for the prospectus, the Trust Agreement as well as trust agreement and Appendix A "An Overview of the Fund"Funds" is German. This prospectus shall come enters into effect force on 08 05 April 2019. 16 Specific information for individual selling countries Under the applicable law in the Principality of Liechtenstein, the constitutive documents are approved by the FMA. This approval refers only to information concerning the implementation of the provisions of the AIFMG/AIFMV. For this reason, Appendix B "Specific Information for Individual Selling Countries" (if available), which is based on foreign law, shall not be a subject matter of the audit by the FMA and is excluded from the approval2018.

Appears in 1 contract

Samples: Czech Real Estate Investment Fund

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