The Administrator and the Organizer May Engage in Other Activities. (a) Subject to the terms of any employment or consulting agreement between the Administrator and the Fund, neither the Administrator nor the Organizer is obligated to devote all of its time or business efforts to the affairs of the Fund, provided that the Administrator shall devote the time, effort and skill as it determines in its sole discretion may be necessary or appropriate for the proper operation of the Fund. (b) Subject to the foregoing, the Administrator and the Organizer may have other business interests and may engage in other activities in addition to those related to the Fund. (c) The Administrator, the Organizer and their respective Affiliates may acquire interests in the Fund or other Funds managed or administered by the Administrator, the Organizer or their respective Affiliates. (d) The Administrator, the Organizer and their respective Affiliates may acquire or possess interests in a Portfolio Company and the interests may be of a different class or type, with different rights and preferences, than those held by the Fund. Likewise, the Administrator, the Organizer and their respective Affiliates may acquire or possess interests in other companies or business ventures that are competitive with a Portfolio Company or the Fund. (e) Neither the Fund nor any Member will have the right, by virtue of this Agreement, to share or participate in other investments or activities of the Administrator or the Organizer or to the income derived therefrom. (f) Except as expressly set forth in this Agreement, the Administrator, the Organizer, the Advisor and each Member, and their respective Affiliates may engage in or possess any interest in other business ventures of any kind, nature or description, independently or with others, whether those ventures are competitive with the Fund or otherwise.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
The Administrator and the Organizer May Engage in Other Activities. (a) Subject to the terms of any employment or consulting agreement between the Administrator and the Fund, neither the Administrator nor the Organizer is obligated to devote all of its time or business efforts to the affairs of the Fund, provided that the Administrator shall devote the time, effort and skill as it determines in its sole discretion may be necessary or appropriate for the proper operation of the Fund.
(b) Subject to the foregoing, the Administrator and the Organizer may have other business interests and may engage in other activities in addition to those related to the Fund.
(c) The Administrator, the Organizer and their respective Affiliates may acquire interests in the Fund or other Funds managed or administered by the Administrator, the Organizer or their respective Affiliates.
(d) The Administrator, the Organizer and their respective Affiliates may acquire or possess interests in a Portfolio Company Investment and the interests may be of a different class or type, with different rights and preferences, than those held by the Fund. Likewise, the Administrator, the Organizer and their respective Affiliates may acquire or possess interests in other companies or business ventures that are competitive with a Portfolio Company Investment or the Fund.
(e) Neither the Fund nor any Member will have the right, by virtue of this Agreement, to share or participate in other investments or activities of the Administrator or the Organizer or to the income derived therefrom.
(f) Except as expressly set forth in this Agreement, the Administrator, the Organizer, the Advisor and each Member, and their respective Affiliates may engage in or possess any interest in other business ventures of any kind, nature or description, independently or with others, whether those ventures are competitive with the Fund or otherwise.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement