Examples of Capital Protection Provider in a sentence
If the Capital Protection Provider notifies the Fund in writing on or before the date that is two months after its receipt of the Fund’s request (such two-month period, the “Extension Approval Period”) that it has accepted the Fund’s request to extend the Scheduled Maturity Date, the Scheduled Termination Date shall be so extended.
The duties of the Agent shall be mechanical and administrative in nature to the maximum extent permitted under the Law governing this Agreement; the Agent shall not have by reason of any Capital Protection Document (other than as specifically provided herein) a fiduciary relationship in respect of the Capital Protection Provider.
Subject to and upon the terms and conditions set forth herein, the Capital Protection Provider promises to pay to the Fund upon the occurrence of the Termination Date the Settlement Amount on the Settlement Date.
The obligation of the Fund to pay amounts under this Section 9.04(a) shall be independent of the obligation of the Capital Protection Provider to provide any such certificate.
The rights, powers and remedies herein or in any other Capital Protection Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Capital Protection Provider would otherwise have.
In performing its functions and duties under this Agreement, the Agent shall act solely as agent of the Capital Protection Provider and the Agent does not assume and shall not be deemed to have assumed any obligation or relationship of agency or trust with the Fund, or for any of its Subsidiaries or Affiliates.
The Capital Protection Provider agrees that it shall look only to the assets of the Fund, and not the assets of any other series of the Trust, for payment of any fees, expenses or other liabilities or obligations owed by the Fund to the Capital Protection Provider under the Capital Protection Documents.
Without limiting any of the rights of the Capital Protection Provider, the Agent or the Guarantor hereunder or under the other Capital Protection Documents, all rights of the Capital Protection Provider to be reimbursed for Increased Costs are hereby “specifically reserved” for purposes of Xxxx-Xxxxx.
A certificate (i) specifying the amount of such Increased Costs and the basis for such Increased Costs (including the applicable Law or Change in Law with respect to each such Increased Cost) and (ii) certifying that the Capital Protection Provider or Guarantor could not avoid such Increased Costs despite using reasonable efforts, shall be submitted to the Fund by the Capital Protection Provider at the time of such demand for additional amounts.
No notice to or demand on the Fund in any case shall entitle the Fund to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Capital Protection Provider to any other or further action in any circumstances without notice or demand.