Subject Fund definition

Subject Fund means a tax equity fund, pursuant to which an Investor invests cash through a Tax Equity Structure and for which the Administrative Agent has approved as of the Closing Date and any additional Subject Funds approved in accordance with Section 2.10 hereof. The Subject Funds are listed on Appendix 4 hereto, as the same may be updated from time to time to reflect approval or removal of Subject Funds in accordance with this Agreement.

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Subject Fund means, with respect to each Eligible Structure financed pursuant to this Agreement, (i) for each Partnership Flip Structure, the Partnership into which an Investor and Managing Member invests with respect to such Partnership Flip Structure, (ii) for each Inverted Lease Structure, (x) the limited liability company into which a Managing Member invests and (y) the limited liability company into which the Investor invests, (iii) for each Modified Inverted Lease Structure, (x) the limited liability company into which an Investor and Managing Member (for purposes of this definition, “Master Tenant/Lessee”) invests and (y) the limited liability company into which the Managing Member and such Master Tenant/Lessee invests, and (iv) for each Other Structure, the legal entity that directly owns the Systems subject to the Other Structure, as agreed by the Administrative Agent and Borrower at the time such Eligible Structure is financed pursuant to this Agreement. The Subject Funds are listed on Appendix 4 hereto, as the same may be updated from time to time in accordance with this Agreement.

Subject Fund means a tax equity fund, pursuant to which an Investor invests cash through a Tax Equity Structure and for which the Administrative Agent has approved as of the Closing Date and any additional Subject Funds approved in accordance with S ection 2.10 hereof. The Subject Funds are listed on Appendix 4 hereto, as the same may be updated from time to time to reflect approval or removal of Subject Funds in accordance with this Agreement.

Examples of Subject Fund in a sentence

• In the case of termination of this Agreement with respect to the Subject Fund during any calendar month, the fee with respect to such Fund accrued to but excluding the date of termination shall be paid promptly following such termination.

• If it is willing to render such services, Advisers shall notify the Trust in writing, whereupon such Fund shall become a Subject Fund hereunder.

• On behalf of the Trust, JHLICO shall instruct the custodian for the Subject Fund to accept instructions with respect to the Subject Fund from the employees of Advisers so named.

• Advisers further agrees to maintain, prepare and preserve such books and records as it is required to as an investment sub-adviser to the Trust in accordance with the 1940 Act and rules thereunder, including but not limited to Rules 31a-1 and 31a-2, and to supply all such information related to the Subject Fund as may be requested by any insurance regulatory authorities in connection with such insurance authorities' administration of insurance laws and regulations.

• In the event that, in addition to Advisers, other investment advisers or sub-managers are appointed by the Trust or JHLICO to render investment advisory services to the Subject Fund, JHLICO and the Trust each acknowledges and agrees that Advisers will not be held responsible for such other investment advisers' or sub-managers' compliance with policies and limitations applicable to the Subject Fund.

• In connection with the purchase and sale of portfolio securities of the Subject Fund, Advisers and its directors, officers and employees will not act as principal or agent or receive any commission.

• Advisers shall provide reasonable notice to the Trust of any such disclosure to applicable federal or state regulatory officials in connection with any audit of the Subject Fund or the Trust, and in any event, Advisers shall provide reasonable notice to the Trust of any threatened, pending or final regulatory enforcement or other disciplinary action involving Advisers.

• Nothing in this Agreement, however, shall preclude the combination of orders for the sale or purchase of portfolio securities of the Subject Fund with those for other registered investment companies managed by Advisers or its affiliates, if orders are allocated in a manner deemed equitable by Advisers among the accounts and at a price approximately averaged.

• No amendment of this Agreement shall be effective until approved specifically by (a) the Board of Trustees of the Trust, or by vote of a majority of the outstanding shares of the Subject Fund, and (b) by vote of a majority of those Trustees of the Trust who are not interested persons of any party to this Agreement cast in person at a meeting called for the purpose of voting on such approval.

• For all of the services rendered with respect to the Subject Fund as herein provided, JHLICO shall pay to Advisers a fee (for the payment of which the Trust shall have no obligation or liability), based on the Current Net Assets of the Subject Fund, as set forth in Schedule I attached hereto and made a part hereof.

More Definitions of Subject Fund

Subject Fund means with respect to each Tax Equity Structure or Other Structure financed pursuant to this Agreement, (a) for each Partnership Flip Structure, the Partnership, (b) for each Inverted Lease Structure, the Lessor, (c) for each Partnership Lease Pass Through Structure, the Lessor Partnership, and (d) for each Other Structure, the legal entity that directly Kronor Loan Agreement [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. owns the PV Systems subject to the Other Structure, as agreed by the Administrative Agent and Borrower at the time such Tax Equity Structure or Other Structure is financed pursuant to this Agreement. Each Subject Fund is listed on Appendix 4, as such Appendix may be updated from time to time in accordance with the terms hereof; provided, however, that [***] shall no longer be considered a “Subject Fund” if the Borrower has sold, transferred or otherwise disposed of the Equity Interests of [***] in accordance with Section 6.4(d); provided, further however, that [***] shall no longer be considered a “Subject Fund” if the Borrower has sold, transferred or otherwise disposed of the Equity Interests of [***] in accordance with Section 6.4(d).

Subject Fund means, with respect to each Eligible Structure financed pursuant to this Agreement, (i) for each Partnership Flip Structure, the Partnership into which an Investor and Managing Member invests with respect to such Partnership Flip Structure, (ii) for each Inverted Lease Structure, (x) the limited liability company into which an Investor and Managing Member (for purposes of this definition, “Master Tenant/Lessee”) invests and (y) the limited liability company into which the Managing Member and such Master Tenant/Lessee invests, and (iii) for each Other Structure, the legal entity that directly owns the Systems subject to the Other Structure, as agreed by the Administrative Agent and Borrower at the time such Eligible Structure is financed pursuant to this Agreement. The Subject Funds are listed on Appendix 4 hereto, as the same may be updated from time to time in accordance with this Agreement.

Subject Fund means with respect to each Tax Equity Structure or Other Structure financed pursuant to this Agreement, (a) for each Partnership Flip Structure, the Partnership, (b) for each Inverted Lease Structure, the Lessor, (c) for each Partnership Lease Pass Through Structure, the Lessor Partnership, and (d) for each Other Structure, the legal entity that directly owns the PV Systems subject to the Other Structure, as agreed by the Administrative Agent and Borrower at the time such Tax Equity Structure or Other Structure is financed pursuant to this Agreement. Each Subject Fund is listed on Appendix 4, as such Appendix may be updated from time to time in accordance with the terms hereof; provided, however, that [***] shall no longer be considered a “Subject Fund” if the Borrower has sold, transferred or otherwise disposed of the Equity Interests of [***] in accordance with Section 6.4(d).

Subject Fund means each limited liability company identified as a “Subject Fund” on Appendix 2 hereto.

Subject Fund means, with respect to each Approved Structure, (i) for each Partnership Flip Structure, the Partnership into which an Investor and Manager Subsidiary invests with respect to such Partnership Flip Structure, (ii) for each Inverted Lease Structure, (x) the limited liability company into which a Manager Subsidiary invests and (y) the limited liability company into which the Investor invests, (iii) for each Modified Inverted Lease Structure, (x) the limited liability company into which an Investor and Manager Subsidiary (for purposes of this definition, "Master Tenant/Lessee") invests and (y) the limited liability company into which the Manager Subsidiary and such Master Tenant/Lessee invests and (iv) for each Other Structure, the legal entity that directly owns the Generation Systems subject to the Other Structure, as agreed by the Administrative Agent and Borrower at the time such Approved Structure is established.

Subject Fund means (a) for each Partnership Flip Structure, the Partnership and (b) for each Partnership Lease Pass Through Structure, the Lessor Partnership. Each Subject Fund is listed on Appendix 2 hereto; provided, however, that [***] shall no longer be considered a “Subject Fund” if the Borrower has sold, transferred or otherwise disposed of the Equity Interests of [***] in accordance with Section 7.03(d).