Common use of Structural Measures Clause in Contracts

Structural Measures. Pursuant to the AIFMG or AIFMV, the AIFM may, at any time and at its sole discretion, pass resolutions on struc- tural measure with respect to the AIF, with the approval of the FMA Liechtenstein. In particular, a structural meas- ure is a merger or conversion. A merger may occur independent of the other AIF's legal form and irrespective of whether or not the other AIF has its registered office in Liechtenstein. Sub-funds and share classes of an AIF may also be merged with each other and with one or more other AIF or their sub-funds and share classes. It is also possible to split the AIF and the share classes. In addition, further structural measures pursuant to the AIFMG or AIFMV are also permissible. Unless otherwise provided hereinafter, the statutory provisions according to the AIFMG or AIFMV and the associated provisions will apply. Pursuant to art. 85 AIFMG, the merger does not require the approval of investors. The investor is not granted the right of consent. Further information concerning the liquidation, merger and structural measures is available in art. 9 in the trust agreement. The AIF is governed by the laws of Liechtenstein. The exclusive legal venue for any and all disputes arising be- tween the investors, the AIFM and the depositary is Vaduz, Principality of Liechtenstein. However, with regard to the claims of investors from these countries, the AIFM and/or the depositary may submit to the place of jurisdiction of countries in which shares are offered and sold. Contrary and mandatory statutory places of jurisdiction may apply. The legally binding language for the prospectus, the trust agreement and Appendix A "Overview of Funds" is German. This prospectus enters into force on 26 February 2018.

Appears in 1 contract

Samples: Trust Agreement

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Structural Measures. Pursuant to Under the AIFMG or the AIFMV, the AIFM may, may decide structural measures concerning the AIF resp. subfunds at any time and at its sole discretion, pass resolutions on struc- tural measure with respect to the AIF, freely exercised discretion with the approval of the FMA Liechtenstein. In Structural measures are, in particular, a structural meas- ure is a merger mergers or conversiontransformation. A merger may occur independent be carried out irrespective of the legal form of the other AIF's legal form AIF and irrespective of whether or not the other AIF has its registered office in Liechtenstein. Sub-funds and share classes of an AIF may also be merged with each other and with one Liechtenstein or more other AIF or their sub-funds and share classes. It is also possible to split the AIF and the share classesnot. In addition, further other structural measures pursuant 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 are also permissible. Unless otherwise provided hereinafter, as well as the statutory corresponding provisions according to the AIFMG or AIFMV and the associated provisions will shall apply. Pursuant to artUnder Art. 85 AIFMG, the a merger does not require the approval consent of the investors. The investor is investors will not be granted the a right of consent. Further information concerning the liquidationon dissolution, merger mergers and structural measures is available can be found in artArt. 9 in et seq. of the trust agreementTrust Agreement. The AIF is shall be governed by the laws Liechtenstein law. Exclusive place of Liechtenstein. The exclusive legal venue jurisdiction for any and all disputes arising be- tween between the investors, the AIFM and the depositary is Vaduz, Principality of Liechtenstein. HoweverNevertheless, with regard to the claims of investors from these countries, the AIFM and/or the depositary may submit subject themselves to the a place of jurisdiction of in the countries in which shares units are offered and sold. Contrary and Other statutorily mandatory statutory places of jurisdiction may applyare reserved. The German is the legally binding language for the prospectus, the trust agreement Trust Agreement as well as respective Annex A „Subfund overview“ and Appendix A "Overview of Funds" is Germanany further annexes. This prospectus enters shall come into force effect on 26 February 13 December 2018.

Appears in 1 contract

Samples: Trust Agreement

Structural Measures. Pursuant to the AIFMG or AIFMV, the AIFM may, at any time and at its sole discretion, pass resolutions on struc- tural measure with respect to the AIF, with the approval of the FMA Liechtenstein. In particular, a structural meas- ure is a merger or conversion. A merger may occur independent of the other AIF's legal form and irrespective of whether or not the other AIF has its registered office in Liechtenstein. Sub-funds and share classes of an AIF may also be merged with each other and with one or more other AIF or their sub-funds and share classes. It is also possible to split the AIF and the share classes. In addition, further structural measures pursuant to the AIFMG or AIFMV are also permissible. Unless otherwise provided hereinafter, the statutory provisions according to the AIFMG or AIFMV and the associated provisions will apply. Pursuant to art. 85 AIFMG, the merger does not require the approval of investors. The investor is not granted the right of consent. Further information concerning the liquidation, merger and structural measures is available in art. 9 in the trust agreement. The AIF is governed by the laws of Liechtenstein. The exclusive legal venue for any and all disputes arising be- tween the investors, the AIFM and the depositary is Vaduz, Principality of Liechtenstein. However, with regard to the claims of investors from these countries, the AIFM and/or the depositary may submit to the place of jurisdiction of countries in which shares are offered and sold. Contrary and mandatory statutory places of jurisdiction may apply. The legally binding language for the prospectus, the trust agreement and Appendix A "Overview of Funds" is German. This prospectus enters into force on 26 February 05 April 2018.

Appears in 1 contract

Samples: Trust Agreement

Structural Measures. Pursuant to the AIFMG or AIFMV, the AIFM may, at any time and at its sole discretion, pass resolutions on struc- tural measure with respect to the AIF, with the approval of the FMA Liechtenstein. In particular, a structural meas- ure is a merger or conversion. A merger may occur independent of the other AIF's legal form and irrespective of whether or not the other AIF has its registered office in Liechtenstein. Sub-funds and share classes of an AIF may also be merged with each other and with one or more other AIF or their sub-funds and share classes. It is also possible to split the AIF and the share classes. In addition, further structural measures pursuant to the AIFMG or AIFMV are also permissible. Unless otherwise provided hereinafter, the statutory provisions according to the AIFMG or AIFMV and the associated provisions will apply. Pursuant to art. 85 AIFMG, the merger does not require the approval of investors. The investor is not granted the right of consent. Further information concerning the liquidation, merger and structural measures is available in art. 9 in the trust agreement. The AIF is governed by the laws of Liechtenstein. The exclusive legal venue for any and all disputes arising be- tween the investors, the AIFM and the depositary is Vaduz, Principality of Liechtenstein. However, with regard to the claims of investors from these countries, the AIFM and/or the depositary may submit to the place of jurisdiction of countries in which shares are offered and sold. Contrary and mandatory statutory places of jurisdiction may apply. The legally binding language for the prospectus, the trust agreement and Appendix A "Overview of Funds" is German. This prospectus enters into force on 26 February 201821. January 2022.

Appears in 1 contract

Samples: Trust Agreement

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Structural Measures. Pursuant to Under the AIFMG or the AIFMV, the AIFM may, may decide structural measures concerning the AIF at any time and at its sole discretion, pass resolutions on struc- tural measure with respect to the AIF, freely exercised discretion with the approval of the FMA Liechtenstein. In Structural measures are, in particular, a structural meas- ure is a merger mergers or conversiontransformation. A merger may occur independent be carried out irrespective of the legal form of the other AIF's legal form AIF and irrespective of whether or not the other AIF has its registered office in LiechtensteinLiechtenstein or not. Sub-funds 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 share classes structural measures can be found in Art. 9 et seq. of an AIF may also be merged with each other and with one or more other AIF or their sub-funds and share classesthe Trust Agreement. It is also possible to split convert the AIF and the share classes. In addition, further structural measures pursuant to the AIFMG or AIFMV are also permissible. Unless otherwise provided hereinafter, the statutory provisions according to the AIFMG or AIFMV and the associated provisions will apply. Pursuant to art. 85 AIFMG, the merger does not require the approval of investors. The investor is not granted the right of consent. Further information concerning the liquidation, merger and structural measures is available in art. 9 in the trust agreementinto an umbrella structure with sub funds. The AIF is shall be governed by the laws Liechtenstein law. Exclusive place of Liechtenstein. The exclusive legal venue jurisdiction for any and all disputes arising be- tween between the investors, the AIFM and the depositary custodian is Vaduz, Principality of Liechtenstein. HoweverNevertheless, with regard to the claims of investors from these countries, the AIFM and/or the depositary custodian may submit subject themselves to the a place of jurisdiction of in the countries in which shares are offered and sold. Contrary and Other statutorily mandatory statutory places of jurisdiction may applyare reserved. The German is the legally binding language for the prospectus, the trust agreement and Trust Agreement as well as Appendix A "An Overview of Funds" is Germanthe Fund". This prospectus enters shall come into force effect on 26 February 201808 April 2019. 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: Trust Agreement

Structural Measures. Pursuant Every type of structural measure is permitted. Structural measures are deemed to be a) Mergers of: 1. domestic AIF or its sub-funds with foreign AIF or its sub-funds; 2. foreign AIF or its sub-funds with domestic AIF or its sub-funds; 3. domestic AIF or its sub-funds with foreign AIF or its sub-funds, insofar as the AIFMG or AIFMV, the AIFM may, at any time and at its sole discretion, pass resolutions on struc- tural measure with respect to the AIF, with the approval law of the FMA Liechtenstein. In particular, a structural meas- ure is a merger or conversion. A merger may occur independent of country in which the other AIF's legal form and irrespective of whether or not the other foreign AIF has its registered office in Liechtenstein. Sub-funds and share classes does not prohibit this, as well as b) Splitting of an AIF may also be merged with each other and with one or more other AIF or their its sub-funds funds, whereby the provisions for mergers pursuant to Art. 78 and share classes. It is also possible to split 79 AIFMG apply mutatis mutandis For structural measures between the AIF and undertakings for collective investment in transferable securities (UCITS) the share classesprovisions of the UCITSG apply. In additionProvided that no other regulations are defined below, further structural measures pursuant are subject to the legal provisions of Art. 76 et seq. AIFMG or AIFMV are also permissible. Unless otherwise provided hereinafter, the statutory provisions according to the AIFMG or AIFMV and the associated provisions will apply. Pursuant to art. 85 AIFMG, the merger does not require the approval of investors. The investor is not granted the right of consent. Further information concerning the liquidation, merger and structural measures is available in art. 9 in the trust agreementrelated regulatory provisions. The AIF is governed by the laws of Liechtenstein. The exclusive legal venue for any and all disputes arising be- tween the investors, the AIFM and the depositary is Vaduz, Principality of Liechtenstein. However, with regard to the claims of investors from these countries, the AIFM and/or the depositary may submit to the place of jurisdiction of countries in which shares are offered and sold. Contrary and mandatory statutory places of jurisdiction may apply. The legally binding language for the prospectus, the trust agreement and Appendix A "Overview of Funds" is German. This prospectus enters into force on 26 February 201821 December 2022.

Appears in 1 contract

Samples: Trust Agreement

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