Excluded Fund definition

Excluded Fund means an entity which is (a) a hedge fund or an entity which is primarily or substantially engaged in holding, trading or otherwise investing in, distressed debt or whose stated purposes or primary business is buying non-performance loans or pursuing active enforcement policies in respect thereof, or (b) a vulture fund or similar entity which would reasonably be recognized or categorized as a “vulture fund” by reputable financial institutions.

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Excluded Fund means any of the following: (i) any Fund of a Counterparty that held a First Closing before the applicable Combination, (ii) any Counterparty Successor Fund(s), and (iii) any New Fund that PubCorp determines pursuant to Section 2.3 is primarily attributable to the Counterparty.

Excluded Fund means any fund or investment company managed, directly or indirectly, by Borrower or its Subsidiaries.

Examples of Excluded Fund in a sentence

For purposes of the foregoing clause (2), any breakpoint fees attributable to an Excluded Fund organized and/or offered by Nuveen, whether fund-specific or complex-wide, which would have the effect of reducing the otherwise stated management fee level, shall not be taken into account.
For the avoidance of doubt, it is acknowledged and agreed that no notice is required to update, supplement or otherwise amend the 12d1-4 Excluded Fund List.
The assets, liabilities, income (or losses), or activities or other attributes of any Excluded Fund, including without limitation, Funded Debt, Investments or Indebtedness of any Excluded Fund, shall not be attributed to the Company or any Subsidiary or Consolidated Subsidiary of the Company for purposes of this Credit Agreement as a result solely of the application of principles of consolidation applied in accordance with GAAP that require consolidation of Excluded Funds.
We may reclassify an existing division as an Excluded Fund or remove such designation upon 30 days notice to you.
We may reduce any applicable Mortality and Expense Risk Charge for that portion of the Contract allocated to a Special Fund or Excluded Fund.
We may reduce any applicable Mortality and Expense Risk Charge for that portion of the Certificate allocated to a Special Fund or Excluded Fund.
We may also reclassify an existing Division as a Special Fund or Excluded Fund or remove such designation(s) upon 30 days notice to the Certificate Owner.
We may also reclassify an existing Division as a Special Fund or Excluded Fund or remove such designation(s) upon 30 days notice to you.
The assets, liabilities, income (or losses), or activities or other attributes of any Excluded Fund, including without limitation, Funded Debt, Investments or Indebtedness of any Excluded Fund, shall not be attributed to the US Guarantor or any Subsidiary or Consolidated Subsidiary of the US Guarantor for purposes of this Credit Agreement as a result solely of the application of principles of consolidation applied in accordance with GAAP that require consolidation of Excluded Funds.
For purposes of the foregoing clause (2), any breakpoint fees attributable to an Excluded Fund organized and/or offered by Nuveen, whether fund- specific or complex-wide, which would have the effect of reducing the otherwise stated management fee level, shall not be taken into account.

More Definitions of Excluded Fund

Excluded Fund means any (a) fund or investment company managed, directly or indirectly, by Borrower orUltimate Parent or any of its Subsidiaries or (b) any CLO Entity.

Excluded Fund the meaning set forth in Section 7(a)(5).

Excluded Fund means any Fund to which any Target Company provides investment advisory services through an Excluded Advisory Contract;

Excluded Fund means any fund or investment company managed, directly or indirectly, by Borrower, including, without limitation, JMP Realty Trust, Inc.

Excluded Fund means any (a) fund or investment company managed, directly or indirectly, by Ultimate Parent or any of its Subsidiaries or (b) any CLO Entity.