Common use of Investment Manager Clause in Contracts

Investment Manager. The Company has appointed PIM Capital Management (The Manager), a private limited liability company incorporated in Mauritius, as the Manager of the Company pursuant to the Investment Management Agreement. The Investment Management Agreement may be terminated upon not less than ninety (90) days' prior written notice by either party. Under the Investment Management Agreement, the Manager is permitted to delegate any or all of its duties under the Agreement to advisors, including affiliated entities, at no additional cost to the Fund. The Investment Management Agreement contains provisions indemnifying the Manager from liability unless such liability arose, inter alia, from its fraud, negligence or wilful default. The Manager and its affiliates, principals and employees may engage or participate in other activities or ventures and render advisory services to other funds, whether or not they compete with the Company’s activities. The Manager, its affiliates, principals and employees shall not be prohibited from buying or selling securities for their own account, including securities that are the same as those held by the Company. As a result of its other activities, the Manager may have conflicts of interest in allocating time, services and functions between the Fund and other business ventures. The Investment Management Agreement imposes an obligation on the Manager not to deliberately engage in any transaction or series of transactions with the wilful and deliberate intent of benefitting itself or any third party at the expense of, or to the detriment of the Shareholders or assets of the Company.

Appears in 6 contracts

Samples: pimcapital.mu, pimcapital.mu, pimcapital.mu

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