Asset Servicing Clause Samples
Asset Servicing. The Company shall, and shall cause its agents (including the Servicers) to, use reasonable best efforts to maximize the net realizable value of the Portfolio Assets and the economic interests of the Company with a view, among other things, to ensure that the collections with respect to the Portfolio Assets result in the full recovery of the Preference Amount and Priority Distributions of the holders of the Class A Units and maximize the value of the Class R Units, and in any event to service the Portfolio Assets in accordance with the principles set forth on Annex 3.
Asset Servicing. 1. In conjunction with the Custodian(s), receive information and keep records regarding all corporate actions that occur on assets within the Fund.
Asset Servicing. 5.12.1 Ownership of securities may only transfer under the law of a new market upon settlement and registration of the securities in question. However, under the Agreement, we may undertake asset servicing in respect of income, dividends, coupons, stock distributions and other entitlements from trade dateW. As a result, your corporate action entitlements and obligations may not correspond with legal ownership of the securities in question.
5.12.2 Corporate actions in a new market may be subject to a “record date” on which we or you will be required to be the legal owner of the security in question in order for you to be entitled to participate in the event. Where such “record date” considerably precedes the date of the event and/or where re-registration LWMJA202407V1_Discretionary Model Portfolio Service Terms of Business, page 9 of 11 of securities ownership occurs a considerable time period after trade date, your ability to participate in the event may not correspond with your current holdings on our books and records or include all trades undertaken by us on your behalf prior to “record date”.
5.12.3 There may be no central source of disclosure of corporate action events in certain markets and corporate action events of local issuers may only be notified in national or local newspapers or the web sites of local exchanges. In such cases, we will not be responsible or liable for the failure to locate or identify relevant events.
5.12.4 Tender offers by issuers in new markets may be subject to particular requirements, for example: (i) a requirement upon us to present copies of its constitutional documents to the issuer, and/or (ii) taxation rates which may only be determined following elections being submitted to the issuer. In the former case, our ability to participate in any such tender offer on your behalf may be dependent on the ability and our willingness to disclose its constitutional documentation to the issuer. You acknowledge our right to refrain from such disclosure at its sole discretion.
5.12.5 We may not be able to offer a proactive proxy voting service to you in respect of new market securities of which we are the legal owner. We may only be able to vote on your behalf where all other beneficial owners of the relevant security on our books and records advise that they wish to vote in the same manner as you.
5.12.6 The Russian market has certain nuances in respect of the distribution of dividends of which you should be aware. If a Russian iss...
Asset Servicing. With respect to each series of Securities, the Company, the Manager, an Affiliate or Subsidiary of the Company or Manager or a third-party servicer shall use commercially reasonable efforts to service and collect the Corresponding Asset, in good faith, accurately and in accordance with industry standards customary for servicing loans, assignments or participations such as the Corresponding Asset. Notwithstanding the generality of the foregoing, the Company, the Manager, an Affiliate or Subsidiary of the Company or Manager and any third-party servicer of a Corresponding Asset shall have the right, at any time and from time to time and subject to the foregoing servicing standard, to change the Stated Maturity Date of the Principal of, or any installment of Principal or interest on, such Corresponding Asset, or reduce the Principal Amount thereof or the rate of interest thereon or change the Place of Payment where, or change the coin or currency in which, any installment of Principal and interest on any Security of the series is payable or impair the right to institute suit for the enforcement of any such payment on or after the Stated Maturity Date thereof, or amend or waive any term of such Corresponding Asset, or write off and cancel such Corresponding Asset without the consent of any Holder of any Securities of the series with respect to such Corresponding Asset.
Asset Servicing