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 entitlements may be held by the Custodian for the Fund Manager but you will always be the beneficial owner of the shares held in your Portfolio. 6.5 Certain categories of professional persons are required to be excluded from any Investments to which they or their employer are connected, for the purposes of current EIS legislation. If this applies to you, your Investment will be transferred to other participants in the Fund, and an equivalent cash amount will be re-credited to your Portfolio. 6.6 Seneca Partners will act in good faith and with due diligence in its choice and use of counterparties but, subject to this obligation, shall have no responsibility for the performance by any counterparty of its obligations in respect of transactions effected under the Agreement. 6.7 It is acknowledged and agreed that, where Seneca Partners reasonably consider such action to be consistent with the general principle of the Fund set out in paragraph 5.2.1 above (and this view is supported by the Investment Committee), Investments may be sold, redeemed or otherwise realised at any time (which may include before the end of the Three Year Period required for EIS Income Tax Relief or CGT Deferral Relief) notwithstanding the impact this may have on the tax position of participants in the Fund.
Appears in 2 contracts
Sources: Terms and Conditions, Terms and Conditions
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 Service 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 FundService, 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 FundService, 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 FundService, provided that no participant shall be allocated fractions of shares. Minor rounding up or down may be allowed to prevent participants in the Fund Service being deemed to be interested in fractions of shares and the aggregate of fractional entitlements may be held by the Custodian for the Fund Manager but you will always be the beneficial owner of the shares held in your Portfolio.
6.5 Certain categories of professional persons are required to be excluded from any Investments to which they or their employer are connected, for the purposes of current EIS legislation. If this applies to you, your Investment will be transferred to other participants in the FundService, and an equivalent cash amount will be re-credited to your Portfolio.
6.6 Seneca Partners will act in good faith and with due diligence in its choice and use of counterparties but, subject to this obligation, shall have no responsibility for the performance by any counterparty of its obligations in respect of transactions effected under the Agreement.
6.7 It is acknowledged and agreed that, where Seneca ▇▇▇▇▇▇ Partners reasonably consider such action to be consistent with the general principle of the Fund Service set out in paragraph 5.2.1 above (and this view is supported by the Investment Committee), Investments may be sold, redeemed Terms & Conditions or otherwise realised at any time (which may include before the end of the Three Year Period required for EIS Income Tax Relief or CGT Deferral Relief) notwithstanding the impact this may have on the tax position of participants in the FundService.
Appears in 1 contract
Sources: Terms and Conditions
Terms Applicable to Dealing. 6.1 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 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 and/ or the clearing house(s) through which the transactions are executed and to all Applicable Laws so that:
6.2.1 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 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 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 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 entitlements may be held by the Custodian for the Fund Manager but you will always be the beneficial owner of the shares held in your Portfolio.fractions
6.5 6.5. Certain categories of professional persons are required to be excluded from any Investments to which they or their employer are connected, for the purposes of current EIS legislation. If this applies to you, your Investment will be transferred to other participants in the Fund, and an equivalent cash amount will be re-credited to your Portfolio.
6.6 6.6. Seneca Partners will act in good faith and with due diligence in its choice and use of counterparties but, subject to this obligation, shall have no responsibility for the performance by any counterparty of its obligations in respect of transactions effected under the Agreement.responsibility
6.7 6.7. It is acknowledged and agreed that, where Seneca Partners reasonably consider such action to be consistent with the general principle of the Fund set out in paragraph 5.2.1 above (and this view is supported by the Investment Committee), Investments may be sold, redeemed or otherwise realised at any time (which may include before the end of the Three Year Period required for EIS Income Tax Relief or CGT Deferral Relief) notwithstanding the impact this may have on the tax position of participants in the Fund.
Appears in 1 contract
Sources: Terms and Conditions
Terms Applicable to Dealing. 6.1 6.1. In effecting transactions in relation to for the InvestmentsService, we the Investment Manager will act in accordance with the FCA Rules and take all reasonable steps to will ensure that “best execution” execution is sought at all times and that deals are made on such markets and exchanges, exchanges and with such counterparties, counterparties as Seneca Partners the Investment Manager thinks fit. The Investment Manager maintains a written execution policy with respect to these matters and will provide the Investor with a copy upon written request.
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 practice6.2. All transactions in Investments will be subject to the rules and customs of the exchange or market applicable to such Investment and/or the and/ or clearing house(s) house through which the transactions are executed and to all Applicable Laws so that:
6.2.1 executed. If there is any conflict between the provisions of the this Agreement and any such rules, customs or Applicable Laws, the latter shall prevail; and.
6.2.2 action 6.3. The Investor acknowledges that a proportion of the Portfolio 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 range of 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 be secured.
6.3 6.4. Subject to the FCA Rules, transactions for your the Portfolio will may be aggregated with those of other participants in the Fund and may be aggregated with those clients of the Fund Investment Manager (including other Investors), and of the Investment Manager’s employees, Associates employees and associates and their employees and other customers of the Fund Manageremployees. 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 FundInvestors, but you acknowledge the Investor acknowledges that the effect of aggregation may work on some occasions to your their disadvantage.
6.4 Where transactions for you are aggregated with transactions undertaken for other participants in the Fund, Seneca Partners 6.5. The Investment Manager shall have absolute discretion as to the number of shares in a an EIS Qualifying Company held as an Investment for each participant in allocated to the FundInvestor, provided that no participant Investors shall be allocated not have fractions of shares. Minor rounding up or down may be allowed to prevent participants in the Fund Investors being deemed to be interested in fractions of shares and the aggregate of fractional entitlements may be held by the Custodian for the Fund Manager but you will always be the beneficial owner of the shares held in your Portfolioshares.
6.5 6.6. Certain categories of professional persons are required to be excluded from any Investments to which they or their employer are connected, for the purposes of current prevailing EIS legislation. If this applies to youthe Investor, your then that proportion of his Investment will be transferred to other participants in the Fund, and an equivalent cash amount will be re-re- credited to your his Portfolio.
6.6 Seneca Partners 6.7. The Investment Manager will act in good faith and with due diligence in its choice and use of counterparties but, subject to this obligation, shall have no responsibility for the performance by any counterparty of its obligations in respect of transactions effected under the this Agreement.
6.7 It 6.8. Proceeds from purchasing or selling Investments will be credited to Investor accounts when settlement is acknowledged effected in full. Where settlement is not effected in full, the Investor will:
6.8.1. if purchasing Investments, be entitled to Investments actually delivered by the relevant counterparty and agreed that, where Seneca Partners reasonably consider such action thereafter to be consistent with a cash sum from the general principle client settlement bank account equal to the balance of the Fund set out in paragraph 5.2.1 above (and this view is supported bargain made for the Investor; and
6.8.2. if selling Investments, be entitled to cash actually paid by the Investment Committee), counterparty and thereafter to Investments may be sold, redeemed or otherwise realised at any time (which may include before held by the end Custodian in respect of the Three Year Period required balance of the value of the bargain made for EIS Income Tax Relief or CGT Deferral Relief) notwithstanding the impact this may have on the tax position of participants in the FundInvestor.
Appears in 1 contract
Sources: Investor Agreement
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 entitlements may be held by the Custodian for the Fund Manager but you will always be the beneficial owner of the shares held in your Portfolio.
6.5 Certain categories of professional persons are required to be excluded from any Investments to which they or their employer are connected, for the purposes of current EIS legislation. If this applies to you, your Investment will be transferred to other participants in the Fund, and an equivalent cash amount will be re-credited to your Portfolio.
6.6 Seneca Partners will act in good faith and with due diligence in its choice and use of counterparties but, subject to this obligation, shall have no responsibility for the performance by any counterparty of its obligations in respect of transactions effected under the Agreement.. Terms & Conditions
6.7 It is acknowledged and agreed that, where Seneca Partners reasonably consider such action to be consistent with the general principle of the Fund set out in paragraph 5.2.1 above (and this view is supported by the Investment Committee), Investments may be sold, redeemed or otherwise realised at any time (which may include before the end of the Three Year Period required for EIS Income Tax Relief or CGT Deferral Relief) notwithstanding the impact this may have on the tax position of participants in the Fund.
Appears in 1 contract
Sources: Terms and Conditions
Terms Applicable to Dealing. 6.1 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 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 and/ or the clearing house(s) through which the transactions are executed and to all Applicable Laws so that:
6.2.1 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 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 unlisted 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 6.3. Subject to the FCA Rules, transactions for your Portfolio will may be aggregated with those of other participants in the Fund Service and may be aggregated with those of the Fund Portfolio Manager’s employees, Associates and their employees and other customers of the Fund Portfolio 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 FundService, but you acknowledge that the effect of aggregation may work on some occasions to your disadvantage.
6.4 6.4. Where transactions for you are aggregated with transactions undertaken for other participants in the FundService, 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 FundService, provided that no participant shall be allocated fractions of shares. Minor rounding up or down may be allowed to prevent participants in the Fund Service being deemed to be interested in fractions of shares and the aggregate of fractional entitlements may be held by the Custodian for the Fund Portfolio Manager but you will always be the beneficial owner of the shares held in your Portfolio.
6.5 6.5. Certain categories of professional persons are required to be excluded from any Investments to which they or their employer are connected, for the purposes of current EIS legislation. If this applies to you, your Investment will be transferred to other participants in the FundService, and an equivalent cash amount will be re-credited to your Portfolio.
6.6 6.6. Seneca Partners will act in good faith and with due diligence in its choice and use of counterparties but, subject to this obligation, shall have no responsibility for the performance by any counterparty of its obligations in respect of transactions effected under the Agreement.
6.7 6.7. It is acknowledged and agreed that, where Seneca Partners reasonably consider such action to be consistent with the general principle of the Fund Service set out in paragraph 5.2.1 above (and this view is supported by the Investment Committee), Investments may be sold, redeemed or otherwise realised at any time (which may include before the end of the Three Year Period required for EIS Income Tax Relief or CGT Deferral Relief) notwithstanding the impact this may have on the tax position of participants in the FundService.
Appears in 1 contract
Terms Applicable to Dealing. 6.1 6.1. In effecting transactions in relation to for the InvestmentsService, we the Investment Manager will act in accordance with the FCA Rules and take all reasonable steps to will ensure that “best execution” execution is sought at all times and that deals are made on such markets and exchanges, exchanges and with such counterparties, counterparties as Seneca Partners the Investment Manager thinks fit. The Investment Manager maintains a written execution policy with respect to these matters and will provide the Investor with a copy upon written request.
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 practice6.2. All transactions in Investments will be subject to the rules and customs of the exchange or market applicable to such Investment and/or the and/ or clearing house(s) house through which the transactions are executed and to all Applicable Laws so that:
6.2.1 executed. If there is any conflict between the provisions of the this Agreement and any such rules, customs or Applicable Laws, the latter shall prevail; and.
6.2.2 action may 6.3. The Investor acknowledges that the Portfolio will 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 range of 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 be secured.
6.3 6.4. Subject to the FCA Rules, transactions for your the Portfolio will may be aggregated with those of other participants in the Fund and may be aggregated with those clients of the Fund Investment Manager (including other Investors), and of the Investment Manager’s employees, Associates employees and associates and their employees and other customers of the Fund Manageremployees. 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 FundInvestors, but you acknowledge the Investor acknowledges that the effect of aggregation may work on some occasions to your their disadvantage.
6.4 Where transactions for you are aggregated with transactions undertaken for other participants in the Fund, Seneca Partners 6.5. The Investment Manager shall have absolute discretion as to the number of shares in a an EIS Qualifying Company held as an Investment for each participant in allocated to the FundInvestor, provided that no participant Investors shall be allocated not have fractions of shares. Minor rounding up or down may be allowed to prevent participants in the Fund Investors being deemed to be interested in fractions of shares and the aggregate of fractional entitlements may be held by the Custodian for the Fund Manager but you will always be the beneficial owner of the shares held in your Portfolioshares.
6.5 6.6. Certain categories of professional persons are required to be excluded from any Investments to which they or their employer are connected, for the purposes of current prevailing EIS legislation. If this applies to youthe Investor, your his Investment will be transferred to redistributed across all other participants in the FundInvestors as equitably as practically possible, and an equivalent cash amount will be re-credited to your his Portfolio.
6.6 Seneca Partners 6.7. The Investment Manager will act in good faith and with due diligence in its choice and use of counterparties but, subject to this obligation, shall have no responsibility for the performance by any counterparty of its obligations in respect of transactions effected under the this Agreement.
6.7 It 6.8. Proceeds from purchasing or selling Investments will be credited to Investor accounts when settlement is acknowledged effected in full. Where settlement is not effected in full, the Investor will:
6.8.1. if purchasing Investments, be entitled to Investments actually delivered by the relevant counterparty and agreed that, where Seneca Partners reasonably consider such action thereafter to be consistent with a cash sum from the general principle client settlement bank account equal to the balance of the Fund set out in paragraph 5.2.1 above (and this view is supported bargain made for the Investor; and
6.8.2. if selling Investments, be entitled to cash actually paid by the Investment Committee), counterparty and thereafter to Investments may be sold, redeemed or otherwise realised at any time (which may include before held by the end Custodian in respect of the Three Year Period required balance of the value of the bargain made for EIS Income Tax Relief or CGT Deferral Relief) notwithstanding the impact this may have on the tax position of participants in the FundInvestor.
Appears in 1 contract
Sources: Investor Agreement
Terms Applicable to Dealing. 6.1 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 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 and/ or the clearing house(s) through which the transactions are executed and to all Applicable Laws so that:
6.2.1 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 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 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 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 entitlements may be held by the Custodian for the Fund Manager but you will always be the beneficial owner of the shares held in your Portfolio.
6.5 6.5. Certain categories of professional persons are required to be excluded from any Investments to which they or their employer are connected, for the purposes of current EIS legislation. If this applies to you, your Investment will be transferred to other participants in the Fund, and an equivalent cash amount will be re-credited to your Portfolio.
6.6 6.6. Seneca Partners will act in good faith and with due diligence in its choice and use of counterparties but, subject to 5 this obligation, shall have no responsibility for the performance by any counterparty of its obligations in respect of transactions effected under the Agreement.
6.7 6.7. It is acknowledged and agreed that, where Seneca Partners reasonably consider such action to be consistent with the general principle of the Fund set out in paragraph 5.2.1 above (and this view is supported by the Investment Committee), Investments may be sold, redeemed or otherwise realised at any time (which may include before the end of the Three Year Period required for EIS Income Tax Relief or CGT Deferral Relief) notwithstanding the impact this may have on the tax position of participants in the Fund.
Appears in 1 contract
Sources: Terms and Conditions