Manager Status. Each of the Managers is duly registered and in good standing with the Commission as an investment adviser under the Advisers Act, and is not prohibited by the Advisers Act or the 1940 Act, or the rules and regulations under such acts, from acting under the Investment Management Agreement for the Fund as contemplated by the Prospectus.
Manager Status. It is expressly understood and agreed by the Parties that Manager is an independent contractor performing services for Owner or Parent and shall not be deemed to be a joint venturer, partner or employee of Owner or Parent. In the performance of its duties hereunder, Manager shall act solely as an independent contractor of Parent but only to the extent expressly set forth herein. Parent and Manager agree that the limited agency expressly granted herein is terminable in accordance with the provisions of this Agreement. Notwithstanding any such agency, except as may be explicitly contemplated in this Agreement, Manager shall not pledge Owner’s or Parent’s credit or incur any liabilities or obligations in Parent’s or Owner’s name without Parent’s or Owner’s prior written consent, which Parent or Owner may withhold or grant in Parent or Owner’s sole discretion.
Manager Status. In the performance of its duties in the -------------- administration, management and operation of the Properties, the Manager shall act solely as an independent contractor. Nothing herein shall constitute or be construed to be or create a partnership or joint venture between the Owner and the Manager, or be construed to appoint or constitute the Manager as an agent of the Owner for any purpose, or construed to create a lease by the Manager of the Properties. It is expressly covenanted that this Agreement is no more than an agreement for the rendering of services by the Manager in the operation and management of the Properties. The covenants benefiting the Manager are not covenants running with the land, and are personal to the parties hereto and their respective successors.
Manager Status. 3.1.1. Only the Manager is authorized to perform trading operations through the MAM System.
Manager Status. It is expressly understood and agreed by the Parties that Manager shall not be deemed to be a joint venturer, partner or employee of Owner or Master Servicer. In the performance of its duties hereunder, Manager shall act solely as agent for the account of Master Servicer but only to the extent expressly set forth herein. Master Servicer and Manager agree that the limited agency expressly granted herein is terminable in accordance with the provisions of this Agreement. Notwithstanding any such agency, except as may be explicitly contemplated in this Agreement, Manager shall not pledge Owner’s credit or incur any liabilities or obligations in Master Servicer’s or Owner’s name without Master Servicer’s or Owner’s prior written consent, which Master Servicer or Owner may withhold or grant in Owner’s sole discretion.
Manager Status. It is expressly understood and agreed by the Parties that Manager shall not be deemed a joint venturer, partner, employee or, except as otherwise provided herein, an agent of Master Servicer or Owner and that Manager has no authority to, and shall not, pledge Master Servicer’s or Owner’s credit or incur any liabilities or obligations in Master Servicer’s or Owner’s name, except as otherwise expressly set forth herein.
Manager Status. The Manager and Sub-Advisers are each duly registered with the Commission as investment advisers under the Advisers Act and are not prohibited by the Advisers Act, the Advisers Act Rules and Regulations, the 1940 Act or the 1940 Act Rules and Regulations from acting on behalf of the Fund under the Management Agreement or the Sub-Advisory Agreements to which such Manager or Sub-Adviser is a party, as contemplated by the Prospectus. There does not exist any proceeding or, to the knowledge of the Manager, any facts or circumstances the existence of which could lead to any proceeding, which might adversely affect the registration of the Manager or the Sub-Advisers as investment advisers with the Commission.
