Examples of Portfolio Manager Party in a sentence
All investment and trading activity with respect to the Assets shall be for the account and risk of the Company and, except as otherwise provided herein, neither the Portfolio Manager nor any Portfolio Manager Party shall incur any liability for investment or trading profits or losses resulting therefrom, or any expenses related thereto.
The Master Fund shall advance payments asserted by a Portfolio Manager Party to be due under the preceding paragraph pending a final determination of whether such indemnification is, in fact, due, provided such Portfolio Manager Party agrees in writing to return any amounts so advanced (without interest) in the event such indemnification is determined not to be due.
No Portfolio Manager Party shall be liable to the Master Fund or any Shareholder for failure to obtain the lowest negotiated brokerage commission rates, or to combine or arrange orders so as to obtain the lowest brokerage commission rates with respect to any transaction on behalf of the Master Fund, or for failure to recapture, directly or indirectly, any brokerage commissions for the benefit of the Master Fund.
The Portfolio Manager, its Affiliates and any of their respective directors, officers, employees or agents (each a Relevant Portfolio Manager Party and together the Relevant Portfolio Manager Parties) may act in multiple capacities and may recommend transactions on behalf of the Issuer in instances in which such Relevant Portfolio Manager Party may have multiple interests.
Whether or not a Portfolio Manager Party is entitled to indemnification hereunder shall be determined by the judgment of independent counsel as to whether such Portfolio Manager Party has reasonable grounds for asserting that indemnification is so due, unless otherwise determined by a court, arbitral tribunal or administrative forum.
In no respect by way of limiting the foregoing exculpatory provisions but rather by way of greater certainty, no Portfolio Manager Party shall be liable to the Master Fund or any Shareholder for any actions or omissions of (i) any broker or dealer chosen by a Portfolio Manager Party in good faith, (ii) any investment advisor chosen by a Portfolio Manager Party in good faith or (iii) any broker or dealer chosen by any investment advisor chosen by a Portfolio Manager Party.
No Portfolio Manager Party shall bear any liability whatsoever in respect of valuations provided to a Portfolio Manager Party by unaffiliated investment advisers, brokers, dealers or others, provided that such valuations were relied upon in good faith.
The Portfolio Manager, its Affiliates and any of their respective directors, officers, employees or agents (each a Relevant Portfolio Manager Party and together the Relevant Portfolio Manager Parties) may act in multiple capacities and may recommend transactions on behalf of the Issuer in instances in which such Relevant PortfolioManager Party may have multiple interests.
The Issuer at the direction of the Arranger, will promptly (and in any case within five Business Days) either liquidate or instruct the Portfolio Manager to liquidate all of the Collateral Debt Obligations held by the Issuer based on the highest bid prices received by the Arranger (which bid may, in compliance with Article 9 of the UCC, be from the Arranger or a Portfolio Manager Party) for each Collateral Debt Obligation.