Examples of Side Pocket in a sentence
Shaw Composite Side Pocket Series I, L.L.C. is hereby appointed to serve as the initial Shareholder Representative with respect to the matters expressly set forth in this Article X and by its signature below it hereby acknowledges such appointment and agrees to serve in such capacity on the terms and subject to the conditions set forth herein.
The Side Pocket Policy prohibits the Funds from investing in underlying Hedge Funds that do not either (i) provide transparent reporting with respect to side pocket investments, or (ii) permit investors to opt out of participation in a side pocket investment.
In addition, as discussed, the Side Pocket Policy limits the percentage of Fund assets that may be placed in side pocket investments on an aggregate basis to a very small percentage of such Fund's assets, with "trigger" percentages that result in additional scrutiny and limits being applied if side pocket participation even approaches the trigger percentage limitations.
As of the date hereof, D.E. Shaw Composite Side Pocket Series I, L.L.C. is the legal and beneficial owner of (A) 100% of the issued and outstanding shares of the Company Preferred Stock and (B) 77.5% of the issued and outstanding shares of the Company Common Stock, and Mxxxxxx X.
If to the Stockholder Representative: D.E. Shaw Composite Side Pocket Series I, L.L.C. 100 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Facsimile: (000) 000-0000 Attn: General Counsel Copy to (such copy not to constitute notice): Wxxxxxx Xxxx & Gxxxxxxxx LLP 700 Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Facsimile: (000) 000-0000 Attn: Sxxxxx X.
The General Partner may, in its sole discretion, create additional classes of Interests in the Partnership on such terms and conditions as it determines, including with respect to Side Pocket Investments.
The Side Pocket Investments will generally be valued at the lower of cost or market less fees, expenses, and contingencies associated with each such Side Pocket Investment, unless the value of such Investment can be determined (other than at the lower of cost and market) in which case, in the discretion of the General Partner, such Side Pocket Investment may be valued using a method other than the lower of cost or market.
The Side Pocket Policy was adopted as a supplement to and part of the Funds' fair value procedures which, as described in the prospectus, are designed to ensure that Hedge Fund investments are valued by the Funds at fair value and that the Funds' respective net asset values represent fair value.
Notwithstanding any other terms of this Agreement, capital attributable to side pockets may not be withdrawn and a Limited Partner who wishes to withdraw all of its capital in the Partnership shall be required to continue to hold an Interest associated with Side Pocket Investments until the applicable side pocket is sold or otherwise liquidated, unless otherwise determined by the General Partner.
July 28, 2006 Page 3 RESPONSE: As an initial matter, the Funds' Boards have considered and approved policies regarding both investment by the Funds in Hedge Funds that use side pocket investments and Fund participation in any such side pocket investments (the "Side Pocket Policy").