Virtus Fund definition

Virtus Fund means, as of any date, any “registered investment company” (as defined in Section 8 of the Investment Company Act of 1940, as amended), of which the Borrower or any Subsidiary Guarantor is the registered investment adviser.

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Virtus Fund means, as of any date, (1) any investment company registered pursuant to Section 8 of the Investment Company Act of which the Borrower or any of its Subsidiaries is the registered investment adviser, (2) any undertaking for collective investment in transferable securities established in Ireland pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 or, in the case of UCITS established in a member state of the European Union other than Ireland, the Council Directive of 13 July 2009 (2009/65/EU) on the coordination of laws, regulations, and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) of which the Borrower or any of its Subsidiaries is the “investment manager,” (3) any mutual fund, separate account, unregistered investment fund or other vehicle for collective investing (in any form of organization, including a corporation, limited liability company, partnership, association, statutory trust or other entity) of which the Borrower or any of its Subsidiaries is the investment adviser or investment manager, as the case may be or (4) any collateralized loan obligation or collateralized debt obligation (including any investment structure established to hold collateralized loan obligation or collateralized debt obligation risk retention tranches) as to which the Borrower or any of its Subsidiaries is the collateral manager.

Virtus Fund means, as of any date, (1) any “registered investment company” (as defined in Section 8 of the Investment Company Act of 1940, as amended) of which the Borrower or any Subsidiary Guarantor is the registered investment adviser, (1) any undertaking for collective investment in transferable securities established in Ireland pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 or, in the case of UCITS established in a Member State other than Ireland, the Council Directive of 13 July 2009 (2009/65/EU) on the coordination of laws, regulations, and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) of which the Borrower or any Subsidiary Guarantor is the “investment manager” or (iii) any other investment fund or entity of which the Borrower or any Subsidiary Guarantor is the investment adviser or investment manager, as the case may be.

Examples of Virtus Fund in a sentence

• In the event that a contingent deferred sales charge is applied to an exchange into one of the Ultra-Short Bond Funds, exchanges from the Ultra-Short Bond Fund into Class A Shares of another Virtus Fund will not be subject to a sales charge or Finder’s Fee.

• In order to minimize operational problems, it will be necessary for a flow of information to be supplied in a secure manner by Subadviser to the Trust’s service providers, including: The Bank of New York Mellon (the “Custodian”), Virtus Fund Services, LLC (the “Fund Administrator”), BNY Mellon Investment Servicing (US) Inc., (the “Accounting Agent”), any Prime Broker to the Series, and all other Counterparties/Brokers as required.

• In order to minimize operational problems, it will be necessary for trade information to be supplied in a secure manner by the Subadviser to the Fund’s Service Providers, including: JPMorgan Chase Bank, National Association (the “Custodian”), Virtus Fund Services (the “Fund Administrator”) BNY Mellon Investment Servicing (US) Inc., (the “Sub-Accounting Agent”), any Prime Broker to the Series, and all other Counterparties/Brokers as required.

• In order to minimize operational problems, it will be necessary for trade information to be supplied in a secure manner by the Subadviser to the Fund’s service providers, including: JPMorgan Chase Bank, NA (the “Custodian”), Virtus Fund Services, LLC (the “Fund Administrator”) BNY Mellon Investment Servicing (US) Inc., (the “Sub-Accounting Agent”), J▇ ▇▇▇▇▇▇ (the “Prime Broker”) and all other Counterparties/Brokers as required.

• In order to minimize operational problems, it will be necessary for a flow of information to be supplied in a secure manner by Subadviser to the Trust’s service providers, including: The Bank of New York Mellon (the "Custodian"), Virtus Fund Services, LLC (the “Fund Administrator”), BNY Mellon Investment Servicing (US) Inc., (the “Sub-Accounting Agent”), any Prime Broker to the Series, and all other Counterparties/Brokers as required.

• In order to minimize operational problems, it will be necessary for trade information to be supplied in a secure manner by the Subadviser to the Trust’s Service Providers, including: State Street Bank & Trust Company (“State Street” or the “Custodian”), Virtus Fund Services (the “Fund Administrator”), State Street, (the “Sub-Accounting Agent”), any Prime Broker to the Series, and all other Counterparties/Brokers as required.

• To the Borrower’s knowledge, each Virtus Fund is in compliance with all other applicable laws and regulations except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

• Each Virtus Fund referred to in clause (1) of the definition thereof is in compliance in all material respects with the Investment Company Act.

• In the event that a contingent deferred sales charge is applied to an exchange into the Virtus Seix U.S. Government Securities Ultra-Short Bond Fund, exchanges from the Virtus Seix U.S. Government Securities Ultra-Short Bond Fund into Class A Shares of another Virtus Fund will not be subject to a sales charge or Finder’s Fee.

• For purposes of this Section 6.09, no Virtus Fund is or shall be deemed to be an Affiliate of the Borrower or any of its Restricted Subsidiaries.

More Definitions of Virtus Fund

Virtus Fund means, as of any date, (1) any investment company registered pursuant to Section 8 of the Investment Company Act of which the Borrower or any of its Subsidiaries is the registered investment adviser, (2) any undertaking for collective investment in transferable securities established in Ireland pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 or, in the case of UCITS established in a member state of the European Union other than Ireland, the Council Directive of 13 July 2009 (2009/65/EU) on the coordination of laws, regulations, and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) of which the Borrower or any of its Subsidiaries is the “investment manager,” (3) any mutual fund, separate account, unregistered investment fund or other vehicle for collective investing (in any form of organization, including a corporation, limited liability company, partnership, association, statutory trust or other entity) of which the Borrower or any of its Subsidiaries is the investment adviser or investment manager, as the case may be or (4) any collateralized loan obligation or collateralized debt obligation (including any investment structure established to hold collateralized loan obligation or collateralized debt obligation risk retention tranches) as to which the Borrower or any of its Subsidiaries is the collateral manager. “Weighted Average Life to Maturity” means, when applied to any Indebtedness at any date, the number of years obtained by dividing: (a) the sum of the products obtained by multiplying (i) the amount of each then remaining installment, sinking fund, serial maturity or other required payments of principal, including payment at final maturity, in respect thereof, by (ii) the number of years (calculated to the nearest one-twelfth) that will elapse between such date and the making of such payment; by (b) the then outstanding principal amount of such Indebtedness. “Wholly Owned Restricted Subsidiary” means any Restricted Subsidiary that is a Wholly Owned Subsidiary. “Wholly Owned Subsidiary” means, with respect to any Person at any date, a subsidiary of such Person of which securities or other ownership interests representing 100% of the Equity Interests (other than (a) directors’ qualifying shares and (b) nominal shares issued to foreign nationals to the extent required by applicable Requirements of Law) are, as of such...

Virtus Fund means, as of any date, (i) any “registered investment company” (as defined in Section 8 of the Investment Company Act of 1940, as amended) of which the Borrower or any Subsidiary Guarantor is the registered investment adviser, or (ii) any undertaking for collective investment in transferable securities established in Ireland pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 or, in the case of UCITS established in a Member State other than Ireland, the Council Directive of 13 July 2009 (2009/65/EU) on the coordination of laws, regulations, and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) of which the Borrower or any Subsidiary Guarantor is the “investment manager”.

Virtus Fund contained in Section 1.1 of the Credit Agreement is hereby amended and restated in its entirety as follows: