Unit Classes. The Management Company may resolve to create one or more Classes of Units for any Sub-Fund as well as to terminate or consolidate existing Classes. The Classes may differ with respect to the application of income; distribution policy; subscription fees; redemption fees; denomination; currency hedging; remuneration for management; operations or other services; the minimum investment and minimum holding amount; distribution network; qualifying investors or other relevant differentiating terms / characteristics. As a result, due to the aforementioned differences in the terms / characteristics of a specific Class, the investment performance may vary across different Classes of a Sub-Fund despite that all Classes of such Sub-Fund feed into the same portfolio of assets. If a Class is issued in a currency different from the base currency of that Sub-Fund (as set out in Annex A), the Management Company may enter into currency hedging transactions to hedge against exchange rate fluctuations between such Class and the Sub-Fund. These hedging activities may cause both profit and loss, as the case may be. There can be no assurance that the currency hedging program will be entirely successful. The Management Company may terminate the currency hedging program. The profits and losses of such currency hedging will be allocated to the relevant Class. In setting up the Classes, the Management Company seeks to adhere to the following convention:
Unit Classes. The AIFM may create several unit classes within the AIF. At the discretion of the AIFM, unit classes may be created which differ from the existing unit classes by virtue of the way profit is appropriated, the issue commission, the accounting cur- rency, the use of currency hedging transactions, the fund management remuneration, the min- imum investment amount or any combination of these aspects. However, this shall be without prejudice to the rights of investors who have bought units in the existing unit classes. The unit classes and the costs and remunerations arising in connection with the AIF's units are specified in Annex B to the Trust Agreement, "AIF summary".
Unit Classes. The management company may resolve to create several unit classes within the UCITS. Pursuant to Art. 23 of the trust agreement of the UCITS, it is possible in the future to create unit classes that differ from existing unit classes with respect to the use of pro- ceeds, the issue commission, the reference currency and the deployment of currency hedging instruments, the management fee, the minimum amount to be invested, or a combination of these items. The rights of investors who purchased units assigned to ex- isting unit classes are not affected by the creation of new unit classes. The unit classes offered by the UCITS as well as the charges and reimbursements in- curred in conjunction with the units of the UCITS are indicated in Annex A “The UCITS at a glance.” Further information on the unit classes is provided in section 8.2.
Unit Classes. (a) The Capital of the Partnership shall be divided into classes (“Class”) of Units. The initial classes of Units to be subscribed for will be known as “Class A Units” having the attributes as set out in Schedule “B” hereto. Thereafter Units will be issued in classes designated a Class and so on at the times, in the manner and on the terms as determined by the General Partner. The Classes may be further issued in series, the GP may determine the basis for creating and allocating series with the initial intent being to create series to differentiate Canadian dollar and United States dollar subscriptions.
Unit Classes. Membership in the Company shall be represented by Units. There shall be two classes of Units: the "Class A Units" and the "Class B Units," each of which shall have identical rights (including the identical right to the Profits (or Losses), distributions and other economic attributes of the Company as set forth in Articles V and 1X), preferences and designations, except as hereinafter provided below in this Section 3.2(a):
Unit Classes. The Management Company may resolve to form several unit classes for each sub-fund. Unit classes may be established that for example differ from the existing unit classes in terms of the utilisation of profits, the issue premium, the reference currency and the utilisation of currency hedging transactions, the management remu- neration, the minimum investment sum or a combination of these characteristics. The rights of the Investors who have acquired units in existing unit classes shall however remain unaffected. The unit classes that are created in conjunction with each sub-fund, as well as the fees and remuneration associated with the units of the sub-fund, are specified in Appendix A "Overview of the sub-fund".
Unit Classes. The Management Company may resolve to form several unit classes within a sub-fund. Pursuant to Art. 26 of the Trust Agreement of the UCITS, unit classes may be established in future which differ from the existing unit classes in terms of the utilisation of profits, the reference currency and the utilisation of currency hedging transactions, the management remuneration, the minimum investment sum or a combination of these characteristics. The rights of the Investors who have acquired units in existing unit classes shall however remain unaffected. Any possible unit classes which are created in conjunction with each sub-fund, as well as the fees and remuneration associated with the units of the sub-fund, are specified in Appendix A "Overview of the sub-fund". Further information about the unit classes is set out in Fig. 9.2.
Unit Classes. 3.1. Key data For specific information, see Xxxxx X. Type and principal characteristics of the units See constituent documents. Calculating unit issue and redemption prices (method, frequency, associated costs, publication) See constituent documents. Calculation and appropriation of profit, frequency of distributions For specific information, see Xxxxx X.
Unit Classes. As authorized in Section 4.2.A. of the Operating Partnership Agreement, the General Partner hereby causes the Partnership to issue two classes of Limited Partnership Interest, to be known and designated "Common Units" and "Series 1997-A Preferred Units" respectively (each of which may be divided into subclasses known as "Class A" and "Class B" Common Units or Preferred Units for the limited purposes of and as provided in Sections 4.2.C and 5.1 of the Operating Partnership Agreement). All Limited Partner Interests outstanding immediately prior to the first admission of the Contributors as provided in Section 2 of this First Amendment shall be Common Units; and there shall be issued the further number of Common Units to the Contributors and held by the Existing Members (after the distributions, admissions and withdrawals described in said Section 2) as determined pursuant to the Contribution Agreement and as evidenced by amendments to Exhibit A to the Operating Partnership Agreement from time to time. There shall also be issued as a part of the consideration provided for under the Contribution Agreement to the Contributors and held by the Existing Members (after the distributions, admissions and withdrawals described in said Section 2) 2,000,000 Series 1997-A Convertible Preferred Units. To the extent that the General Partner issues not more than 2,800,000 shares of its Series 1997-A Convertible Preferred Stock pursuant to a Stock Purchase Agreement dated as of December 5, 1997 among the General Partner, the Operating Partnership and Xxxxxxxxx Partners, L.L.C. (the "Preferred Stock Purchase Agreement"), the Partnership shall, consistent with the terms of the proviso to the first sentence of Section 4.2.A of the Operating Partnership Agreement, issue to the General Partner a like number (up to 2,800,000) of Series 1997-A Preferred Units. The respective rights of the Series 1997-A Preferred Units and of the Common Units are set forth on Exhibit C hereto.
Unit Classes. Newco’s membership interests shall consist of units of four classes: Class A, Class B, Class C and Class D (collectively, the “Units”, each unit of any class is a “Unit”). As of the Closing, and giving effect to the transactions contemplated hereby, Freedom Pain shall own twenty (20) Class A Units, representing all of the outstanding Class A Units, TPCA shall own twenty (20) Class B Units, representing all of the outstanding Class B Units, and Nobilis shall own sixty (60) Class C Units, representing all of the outstanding Class C Units. The Class D Units will be reserved for possible issuance from time to time following the Closing to Physician Members. All Units shall carry identical economic rights as set forth in the Operating Agreement, except that: (i) the Class A Units and the Class B Units shall have dilution protection against the initial holders of the Class A Units and Class B Units, respectively, representing less than ten percent (10%) each of all issued and outstanding Units (of all classes); (ii) the Class C Units shall have dilution protection against the Class C Units representing less than fifty-one percent (51%) of all issued and outstanding Units (of all classes); and (iii) the Class C Units shall be entitled to appoint three (3) managers to the Board of Managers as described in Section 1.1(c).
