Common use of USE OF ESTIMATES Clause in Contracts

USE OF ESTIMATES. The Sponsor is authorized to make all Net Asset Value determinations (including, without limitation, for purposes of determining redemption payments and calculating Sponsor's Fees) on the basis of estimated numbers (in most cases as estimated by the Sponsor itself as sponsor of the respective FuturesAccess Funds). The Sponsor shall not (unless the Sponsor otherwise determines) attempt to make any retroactive adjustments in order to reflect the differences between such estimated and the final numbers, but rather shall reflect such differences in the Accounting Period in which final numbers become available. The Sponsor also shall not (unless the Sponsor otherwise determines) revise Sponsor's Fee calculations to reflect differences between estimated and final numbers (including differences which have resulted in economic benefit to a Sponsor Party). If, after payment of redemption proceeds, the Sponsor determines that adjustment to the Net Asset Value of the redeemed Units is necessary, the redeeming Investor (if the Net Asset Value is adjusted upwards) or the remaining Investors (if the Net Asset Value is adjusted downwards) will bear the risk of such adjustment. The redeeming Investor will neither receive further distributions from, nor will it be required to reimburse, Systematic Momentum FuturesAccess in such circumstances. All Investors acknowledge and agree that because Systematic Momentum FuturesAccess will invest in multiple FuturesAccess Funds the likelihood of there being material discrepancies between estimated and final Net Asset Values is greater in the case of Systematic Momentum FuturesAccess than in the case of any single FuturesAccess Fund.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Systematic Momentum FuturesAccess LLC), Limited Liability Company Operating Agreement (Systematic Momentum FuturesAccess LLC)

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USE OF ESTIMATES. The Sponsor is authorized to make all Net Asset Value determinations (including, without limitation, for purposes of determining redemption payments and calculating Sponsor's ’s Fees) on the basis of estimated numbers (in most cases as estimated by the Sponsor itself as sponsor of the respective FuturesAccess Funds). The Sponsor shall not (unless the Sponsor otherwise determines) attempt to make any retroactive adjustments in order to reflect the differences between such estimated and the final numbers, but rather shall reflect such differences in the Accounting Period in which final numbers become available. The Sponsor also shall not (unless the Sponsor otherwise determines) revise Sponsor's ’s Fee calculations to reflect differences between estimated and final numbers (including differences which have resulted in economic benefit to a Sponsor Party). If, after payment of redemption proceeds, the Sponsor determines that adjustment to the Net Asset Value of the redeemed Units is necessary, the redeeming Investor (if the Net Asset Value is adjusted upwards) or the remaining Investors (if the Net Asset Value is adjusted downwards) will bear the risk of such adjustment. The redeeming Investor will neither receive further distributions from, nor will it be required to reimburse, Systematic Momentum FuturesAccess in such circumstances. All Investors acknowledge and agree that because Systematic Momentum FuturesAccess will invest in multiple FuturesAccess Funds the likelihood of there being material discrepancies between estimated and final Net Asset Values is greater in the case of Systematic Momentum FuturesAccess than in the case of any single FuturesAccess Fund.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Systematic Momentum FuturesAccess LLC), Limited Liability Company Operating Agreement (Systematic Momentum FuturesAccess LLC)

USE OF ESTIMATES. The Sponsor is authorized to make all Net Asset Value determinations (including, without limitation, for purposes of determining redemption payments and calculating Sponsor's ’s Fees) on the basis of estimated numbers (in most cases as estimated by the Sponsor itself as sponsor of the respective FuturesAccess Funds). The Sponsor shall not (unless the Sponsor otherwise determines) attempt to make any retroactive adjustments in order to reflect the differences between such estimated and the final numbers, but rather shall reflect such differences in the Accounting Period in which final numbers become available. The Sponsor also shall not (unless the Sponsor otherwise determines) revise Sponsor's ’s Fee calculations to reflect differences between estimated and final numbers (including differences which have resulted in economic benefit to a Sponsor Party). If, after payment of redemption proceeds, the Sponsor determines that adjustment to the Net Asset Value of the redeemed Units is necessary, the redeeming Investor (if the Net Asset Value is adjusted upwards) or the remaining Investors (if the Net Asset Value is adjusted downwards) will bear the risk of such adjustment. The redeeming Investor will neither receive further distributions from, nor will it be required to reimburse, Systematic Momentum FuturesAccess in such circumstances. All Investors acknowledge and agree that because Systematic Momentum FuturesAccess will invest in multiple FuturesAccess Funds the likelihood of there being material discrepancies between estimated and final Net Asset Values is greater in the case of Systematic Momentum FuturesAccess than in the case of any single FuturesAccess Fund.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (ML Systematic Momentum FuturesAccess LLC)

USE OF ESTIMATES. The Sponsor is authorized to make all Net Asset Value determinations (including, without limitation, for purposes of determining redemption payments and calculating Sponsor's Fees) on the basis of estimated numbers (in most cases as estimated by the Sponsor itself as sponsor of the respective FuturesAccess Funds). The Sponsor shall not (unless the Sponsor otherwise determines) attempt to make any retroactive adjustments in order to reflect the differences between such estimated and the final numbers, but rather shall reflect such differences in the Accounting Period in which final numbers become available. The Sponsor also shall not (unless the Sponsor otherwise determines) revise Sponsor's Fee calculations to reflect differences between estimated and final numbers (including differences which have resulted in economic benefit to a Sponsor Party). If, after payment of redemption proceeds, the Sponsor determines that adjustment to the Net Asset Value of the redeemed Units is necessary, the redeeming Investor (if the Net Asset Value is adjusted upwards) or the remaining Investors (if the Net Asset Value is adjusted downwards) will bear the risk of such adjustment. The redeeming Investor will neither receive further distributions from, nor will it be required to reimburse, Systematic Momentum FuturesAccess in such circumstances. All Investors Members acknowledge and agree that because Systematic Momentum FuturesAccess will invest in multiple FuturesAccess Funds the likelihood of there being material discrepancies between estimated and final Net Asset Values is greater in the case of Systematic Momentum FuturesAccess than in the case of any single FuturesAccess Fund.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (ML Systematic Momentum FuturesAccess LLC)

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USE OF ESTIMATES. The Sponsor is authorized to make all Net Asset Value determinations (including, without limitation, for purposes of determining redemption payments and calculating Sponsor's ’s Fees) on the basis of estimated numbers (in most cases as estimated by the Sponsor itself as sponsor of the respective FuturesAccess Funds). The Sponsor shall not (unless the Sponsor otherwise determines) attempt to make any retroactive adjustments in order to reflect the differences between such estimated and the final numbers, but rather shall reflect such differences in the Accounting Period in which final numbers become available. The Sponsor also shall not (unless the Sponsor otherwise determines) revise Sponsor's ’s Fee calculations to reflect differences between estimated and final numbers (including differences which have resulted in economic benefit to a Sponsor Party). If, after payment of redemption proceeds, the Sponsor determines that adjustment to the Net Asset Value of the redeemed Units is necessary, the redeeming Investor (if the Net Asset Value is adjusted upwards) or the remaining Investors (if the Net Asset Value is adjusted downwards) will bear the risk of such adjustment. The redeeming Investor will neither receive further distributions from, nor will it be required to reimburse, Systematic Momentum FuturesAccess in such circumstances. All Investors Members acknowledge and agree that because Systematic Momentum FuturesAccess will invest in multiple FuturesAccess Funds the likelihood of there being material discrepancies between estimated and final Net Asset Values is greater in the case of Systematic Momentum FuturesAccess than in the case of any single FuturesAccess Fund.

Appears in 1 contract

Samples: Operating Agreement (ML Systematic Momentum FuturesAccess LLC)

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