UBS. UBS" shall mean the Union Bank of Switzerland, a Swiss banking corporation, acting through its Los Angeles branch.
UBS. FS represents that it maintains and implements reasonably designed policies and procedures to comply with the Bank Secrecy Act (as amended by the USA PATRIOT Act) and its implementing regulations. UBS-FS also represents that it will adopt appropriate policies, procedures, and internal controls to comply with any additional laws, rules, or regulations, to which it may become subject. UBS-FS implements a Customer Identification Program (“CIP”) on its underlying customers who invest in the Fund, which includes forming a reasonable belief as to the identity of the underlying customer and the beneficial ownership of that customer, where applicable. UBS-FS also conducts customer due diligence on its underlying customers including the collection of the customer’s source of funds and understanding the nature and purpose of the account. Enhanced due diligence is performed on customers that are determined to pose a higher risk, which includes but are not limited to Politically Exposed Persons (PEPs)). Additionally, and in accordance with Section 356 of the USA PATRIOT Act, UBS-FS maintains a reasonably designed suspicious activity program to detect and report suspicious activity to relevant authorities. UBS-FS represents that it is aware of and maintains reasonably designed policies and procedures to comply with the United States regulations administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”) which prohibit, among other things, the engagement in transactions with, holding the securities of, and the provision of services to certain embargoed foreign countries and specially designated nationals, specially designated narcotics traffickers, terrorists, supporters of terrorism and other prohibited parties. UBS-FS further represents that to the best of its knowledge any entity or individual with which it transacts business (and where applicable, their beneficial owners) is: (i) not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation or any sanctions list issued by the European Union or the United Nations (collectively, the “Lists”) and (ii) not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the Preside...
UBS. Global AM represents that the Sub-Adviser is authorized to use and disclose information concerning the Portfolio and the Segment to the extent permitted by applicable law, regulation or legal process for the purposes of meeting applicable transaction and other reporting requirements, including the reporting of such information to a swap data repository.
UBS. FS agrees to make Shares available to its clients only at their current offering price, as determined in accordance with each Fund’s Prospectus and SAI. UBS-FS assumes no responsibility or liability for the determination of that offering price. UBS-FS agrees to deliver or cause to be delivered to each client, at or prior to the time of any purchase of Shares of the applicable Fund, a copy of the Prospectus of the Fund, unless such Prospectus already has been furnished to the client. UBS-FS agrees to deliver or cause to be delivered, upon request by a client, a copy of the SAI of the applicable Fund. UBS-FS agrees to place orders for Fund Shares only to cover purchase orders that UBS-FS has previously received from its clients. UBS-FS will not withhold placing client’s orders so as to profit itself as a result of such withholding (for example, by a change in the applicable Fund’s net asset value from that used in determining the offering or redemption price to UBS-FS’ clients). Notwithstanding any other provision of this Agreement, UBS-FS may assess a transaction fee against its clients upon the purchase, exchange, or redemption of Fund Shares for the execution of such orders. Further, UBS-FS agrees to cooperate with reasonable efforts by the Funds to assure themselves that UBS-FS has implemented effective compliance policies and procedures administered by qualified personnel including, without limitation: permitting the Funds to become familiar with UBS-FS’ operations; permitting the Funds to maintain an active working relationship with compliance personnel of UBS-FS; and making UBS-FS personnel and applicable policies and procedures, or summaries thereof, available to such audit personnel as the Funds may designate to audit the effectiveness of their compliance controls. The applicable Fund shall bear any expenses incurred by UBS-FS in connection with any request by such Fund pursuant to the immediately preceding paragraph. If UBS-FS clients submit Share certificates for transfer, UBS-FS, if UBS–FS accepts the certificates into custody, will deposit such certificates, properly endorsed, with the Fund or its agent in accordance with the NETWORKING Agreement, applicable NSCC rules and procedures, and any other procedures that the parties may agree upon from time to time.
UBS. UBS shall be liable for any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) to which the Trust, a Fund, IMCO, any affiliated persons thereof (within the meaning of the 1940 Act) and any controlling pxxxxxx thereof (as described in Section 15 of the Securities Act of 1933, as amended (the 1933 Act)) (collectively, IMCO Indemnities) may become subject under the 1933 Act, the 1940 Act, the Advisers Act, or under any other statute, at common law or otherwise arising out of (i) any negligence, willful misconduct, bad faith or reckless disregard of UBS in the performance of any of its duties or obligations hereunder or (ii) any untrue statement of a material fact contained in the Prospectus and SAI, proxy materials, reports, advertisements, sales literature, or other materials pertaining to the Funds or the omission to state therein a material fact known to UBS which was required to be stated therein or necessary to make the statements therein not misleading, if such statement or omission was made in reliance upon information furnished in writing to IMCO or the Trust by UBS Indemnities (as defined below) for use therein. UBS shall indemnify and hold harmless the IMCO Indemnities for any and all such losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses); PROVIDED, HOWEVER, that in no case is UBS's indemnity hereunder deemed to protect a person against any liability to which any such person would otherwise be subject by reason of willful misconduct, bad faith or gross negligence in performance of its duties under this Agreement or the Investment Advisory Agreement with the Trust.
UBS. 102. The defendant UBS AG is a Swiss company based in Basel and Zurich, Switzerland. UBS AG is regulated in Canada under the Bank Act as a Schedule III bank. 103. The defendant UBS Securities LLC is a Delaware limited liability company headquartered in Stamford, Connecticut, and is a wholly owned subsidiary of UBS AG.
UBS. The date of this Offering Circular is 25th May, 2021 This Offering Circular includes particulars given in compliance with the Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited (the “HKSE Rules”) for the purpose of giving information with regard to each of the Issuer and the Guarantor. The Issuer and the Guarantor accept full responsibility for the accuracy of the information contained in this Offering Circular and confirm, having made all reasonable enquiries, that to the best of their knowledge and belief there are no other facts the omission of which would make any statement herein misleading. This Offering Circular is for distribution to Professional Investors only. Investors should not purchase the Notes in the primary or secondary markets unless they are Professional Investors and understand the risks involved. The Notes are only suitable for Professional Investors. The Hong Kong Stock Exchange has not reviewed the contents of this Offering Circular, other than to ensure that the prescribed form disclaimer and responsibility statements, and a statement limiting distribution of this Offering Circular to Professional Investors only, have been reproduced in this Offering Circular. Listing of the Programme on the Hong Kong Stock Exchange is not to be taken as an indication of the commercial merits or credit quality of the Notes or the Issuer and the Guarantor or the quality of disclosure in this Offering Circular. Hong Kong Exchanges and Clearing Limited and the Hong Kong Stock Exchange take no responsibility for the contents of this Offering Circular, make no representation as to its accuracy or completeness and expressly disclaim any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of this Offering Circular. This Offering Circular is to be read in conjunction with all documents which are deemed to be incorporated herein by reference (see “Documents Incorporated by Reference” below). This Offering Circular shall be read and construed on the basis that such documents are incorporated and form part of this Offering Circular. The Dealers and the Agents have not independently verified the information contained herein. Accordingly, no representation, warranty or undertaking, express or implied, is made and no responsibility or liability is accepted by the Dealers or the Agents as to the accuracy or completeness of the information contained or incorporated in t...
UBS. Securities Canada agrees that neither it, nor anyone on its behalf, will make a public statement inconsistent with this Settlement Agreement.
UBS. Union de Banques Suisses (Luxembourg) S.A, and its successors and assigns.
UBS. LIMITED, of 0 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX acting in its capacity as Series 1 Seventh Issuer Swap Provider in respect of the Series 1 Class A Seventh Issuer Swap Agreement, the Series 1 Class B Seventh Issuer Swap Agreement, the Series 1 Class C Seventh Issuer Swap Agreement;
