Terms Applicable to Dealing Sample Clauses
The "Terms Applicable to Dealing" clause defines the specific rules and conditions that govern transactions or interactions between the parties under the agreement. It typically outlines procedures for placing orders, executing trades, confirming transactions, and handling settlements, ensuring that both parties understand the operational framework for their dealings. By establishing clear guidelines for how transactions are to be conducted, this clause helps prevent misunderstandings and disputes, thereby promoting smooth and efficient business operations.
Terms Applicable to Dealing. 8.1. Subject to clause 8.2, in effecting transactions for the Service, the Investment Manager will act in accordance with the FCA Rules and will ensure that best execution is sought at all times (i.e. we will take all reasonable steps to obtain the best possible results to clients in accordance with the relevant execution factors specified in FCA Rules) and deals are made on such markets and exchanges and with such counterparties as the Investment Manager thinks fit. The Investment Manager maintains a written execution policy with respect to these matters which is available on our website at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/ sites/default/files/pdf/Order_execution_policy. pdf and we will provide the Investor with a copy upon written request.
8.2. Where relevant, it is agreed that all transactions will be effected in accordance with the rules and regulations of the relevant market or exchange and they shall take all such steps as may be required or permitted by such rules and regulations and/or by good market practice. All transactions in Investments will be subject to the rules and customs of the exchange or market and/or clearing house through which the transactions are executed and to all applicable laws so that:
8.2.1. if there is any conflict between the provisions of this Agreement and any such rules, customs or applicable laws, the latter shall prevail; and
8.2.2. action may be taken by the Investment Manager as it considers reasonable in order to ensure compliance to any such rules, customs or applicable laws. The Investor acknowledges that the Portfolio will be invested in one or more unlisted securities and, there is generally no relevant market or exchange and consequent rules and customs, and there will be varying practices for different securities. Transactions in shares of such securities will be effected on the best commercial terms which can reasonably be secured.
8.3. Subject to the FCA Rules, transactions for the Portfolio may be aggregated with those of other clients of the Investment Manager (including other Investors), and of the Investment Manager’s employees and Associates and their employees. Investments made pursuant to such transactions will be allocated on a fair and reasonable basis in accordance with the FCA Rules and endeavours will be made to ensure that the aggregation will work to the advantage of each of the Investors, but the Investor acknowledges that the effect of aggregation may work on some occasions to their disadvantage.
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Terms Applicable to Dealing. 13.1. The Investor agrees and accepts that the Portfolio may be invested in a range of unlisted securities and that such securities generally do not trade on a Regulated Market or Multi-Lateral Trading Facility. The Investor acknowledges there is no certainty that market makers will be prepared to deal in such securities and adequate information for determining the current value of such securities may be unavailable. The Manager will ensure that transactions in unlisted securities will be effected on the best commercial terms which can be secured.
13.2. The Investor acknowledges that the Subscription Value will be applied in the acquisition of the nearest possible whole number of Shares as may be acquired at the price which is calculated by reference to the Published Reference Value at the relevant time.
13.3. Subject to both the FCA Rules and the Manager’s policy on the management of conflicts of interest, the Manager may make use of dealing commission arrangements in respect of deals undertaken by the Manager as may be disclosed to the Investor from time to time.
13.4. Subject to the FCA Rules the Manager will act in good faith and with due diligence in its choice and use of counterparties but, subject to this obligation, will have no responsibility for the performance by any counterparty of its obligations in respect of transactions effected under this Agreement.
13.5. The Manager shall take all reasonable steps to obtain the best possible result when executing orders on an Investor’s behalf. This duty of best execution is owed by the Manager to an Investor only when the Manager has contractual or agency obligations to an Investor. An Investor should familiarise himself with the Best Execution Policy, provided at Schedule
Terms Applicable to Dealing. 6.1 In effecting transactions in relation to the Investments, we will act in accordance with the FCA Rules and take all reasonable steps to ensure that “best execution” is sought at all times and that deals are made on such markets and exchanges, and with such counterparties, as Seneca Partners thinks fit.
6.2 Where relevant, it is agreed that all transactions will be effected in accordance with the rules and regulations of the relevant market or exchange applicable to an Investment and otherwise in accordance with good market practice. All transactions in Investments will be subject to the rules and customs of the exchange or market applicable to such Investment and/or the clearing house(s) through which the transactions are executed and to all Applicable Laws so that:
6.2.1 If there is any conflict between the provisions of the Agreement and any such rules, customs or Applicable Laws, the latter shall prevail; and
6.2.2 action may be taken as thought fit in order to ensure compliance with any such rules, customs or Applicable Laws. You acknowledge that when your Portfolio is invested in unquoted securities there is generally no relevant market or exchange and consequent rules and customs, and there will be varying practices for different securities. Transactions in such securities will be effected on the best commercial terms which can be secured.
6.3 Subject to the FCA Rules, transactions for your Portfolio will be aggregated with those of other participants in the Fund and may be aggregated with those of the Fund Manager’s employees, Associates and their employees and other customers of the Fund Manager. Investments made pursuant to such transactions will be allocated on a fair and reasonable basis in accordance with the FCA Rules and reasonable endeavours will be made to ensure that the aggregation will work to the advantage of each of the participants in the Fund, but you acknowledge that the effect of aggregation may work on some occasions to your disadvantage.
6.4 Where transactions for you are aggregated with transactions undertaken for other participants in the Fund, Seneca Partners shall have absolute discretion as to the number of shares in a Qualifying Company held as an Investment for each participant in the Fund, provided that no participant shall be allocated fractions of shares. Minor rounding up or down may be allowed to prevent participants in the Fund being deemed to be interested in fractions of shares and the aggregate of fractional e...
Terms Applicable to Dealing. Dealing, counterparties and execution policy
Terms Applicable to Dealing. 6.1. In effecting transactions for the Fund, the Manager will act in accordance with the FCA Rules and will ensure that best execution is sought at all times and deals are made on such markets and exchanges and with such counterparties as the Manager thinks fit as follows;
6.1.1. in relation to transactions in quoted securities, deals are made on such markets and exchanges and with such counterparties; and
6.1.2. in relation to transactions in unquoted securities, deals are entered into on the best commercial terms in the circumstances; and, in either case, as the Manager considers to be in the best interests of the Fund. The Manager maintains a written execution policy with respect to the Fund and the transactions which it enters into in relation to the Fund, which is annexed to this Agreement. The Manager will provide a hard copy to the Investors upon written request.
Terms Applicable to Dealing. 6.1 In effecting transactions for the Investor, the Fund Manager shall seek to achieve the best possible result for the Investor in accordance with the applicable requirements in the FCA Rules on best execution and the Fund Manager’s best execution policy (the “Best Execution Obligations”), save where the Investor requires the Fund Manager to use a particular broker, counterparty or execution venue.
6.2 The Investor gives its consent to the Fund Manager’s best execution policy as summarised in Schedule 3.
6.3 The Fund Manager may provide an update of the information disclosed about its best execution policy at any time by written notice to the Investor. Such an update shall only be required where there is a material change to the information already provided to the Investor that is relevant to a service being provided to the Investor.
6.4 The Investor acknowledges that any specific instructions given by the Investor to the Fund Manager in relation to the best execution of orders may prevent the Fund Manager from taking the steps it has designed and implemented in its best execution policy to obtain the best possible result for the execution of those orders in respect of the elements covered by those instructions.
6.5 The Investor gives his/her prior express consent to the Fund Manager executing orders outside a “regulated market” or a “multilateral trading facility” (as those terms are defined in the FCA Rules).
6.6 In effecting transactions, the Fund Manager acknowledges its duty to obtain best execution for its Investors and confirms that it will seek to achieve best execution in accordance with its policy in this regard, as described in this Clause 6.The Investor also acknowledges and confirms his or her agreement to the Fund Manager dealing in securities for the Portfolio which will not be directly traded on a regulated market or a multilateral trading facility (as defined in the FCA Rules) at the time the Investment is made.
6.7 Where relevant, it is agreed that all transactions will be effected in accordance with the rules and regulations of the relevant market or exchange and the Fund Manager shall take all such steps as may be required or permitted by such rules and regulations and/or by good market practice. All transactions in Investments will be subject to the rules and customs of the exchange or market and/or clearing house through which the transactions are executed and to all Applicable Laws so that:
6.7.1 if there is any conflict between the...
Terms Applicable to Dealing. 7.1 CAAM may, without prior reference to the Client, effect transactions with or for the Client in respect of which CAAM or an Associate of CAAM has directly or indirectly a material interest or where circumstances are such that a potential conflict of interest or duty in relation to the Client may exist which may involve a conflict with CAAM’s duty to the Client. CAAM’s liability to the Client for all matters delegated to an Associate of CAAM shall not be affected thereby, but neither CAAM nor any Associate shall be liable to account to the Client for any profit, commission or remuneration made, or received from, or by reason of such transactions or any connected transactions. For example, such potential conflicting interests or duties may arise because:
(i) CAAM and/or its Associates may be interested in a company or investment in which the Client is also interested;
(ii) CAAM and/or any of its Associates may deal with or for the Client when it is also dealing as agent for other customers, or the relevant Associate is also dealing as principal or as agent for other customers;
(iii) CAAM may deal on the Client’s behalf in securities issued by an Associate or by another customer of CAAM or of an Associate;
(iv) CAAM may deal on the Client’s behalf in relation to an investment in respect of which CAAM or an Associate may benefit from a commission, fee, ▇▇▇▇-up or ▇▇▇▇-down payable otherwise than by the Client;
(v) CAAM may deal in shares, units or other securities issued by collective investment schemes of which CAAM or any of its Associates are adviser, trustee or depositary; and/or
(vi) CAAM may deal in the securities of a company for which an Associate has underwritten, managed or arranged an issue within the period of 12 months before the date of the transaction.
7.2 Except to the extent required by the agreement, CAAM shall not specifically disclose any such material interest to the Client and may retain any remuneration earned in that connection. Nevertheless, CAAM operates a policy of independence under which its employees are required to disregard any material interest or conflict of interest when advising, or dealing for, the client.
7.3 CAAM will ensure fair treatment for the Client in relation to the material interests and conflicts of interest referred to above by relying on a policy of independence (under which officers and employees of CAAM are required to disregard the interests of CAAM and its Associates when making decisions or giving advic...
Terms Applicable to Dealing. 6.1 In effecting transactions for the Fund, the Manager will act in accordance with the FCA Rules.
6.2 Where relevant, it is agreed that all transactions will be effected in accordance with the rules and regulations of the relevant market or exchange and the Manager shall take all such steps as may be required or permitted by such rules and regulations and/or by good market practice. All transactions in Investments will be subject to the rules and customs of the exchange or market and/ or clearing house through which the transactions are executed and to all Applicable Laws so that:
Terms Applicable to Dealing. 13.1. The Investor agrees and accepts that the Portfolio may be invested in a range of unlisted securities and that such securities generally do not trade on a Regulated Market or Multi-Lateral Trading
Terms Applicable to Dealing. In effecting transactions for the Fund, the Manager will act in accordance with the FCA Rules and will ensure that best execution is sought at all times and deals are made on such markets and exchanges and with such counterparties as the Manager thinks fit as follows;