Common use of Right to Advise Others; Uniformity of Acts and Practices Clause in Contracts

Right to Advise Others; Uniformity of Acts and Practices. (a) During the term of this Agreement, the Trading Advisor Parties shall, subject to the capacity undertaking set forth herein and the exclusivity undertaking of the Letter Agreement, be free to advise other investors as to the purchase and sale of commodity interests, to manage and trade other investors’ commodity interests accounts and to trade for and on behalf of their own proprietary commodity interests accounts. However, under no circumstances shall any Trading Advisor Party favor any commodity interests account directed by any of them (regardless of the date on which they began or shall begin to direct such account) over the Fund’s account, giving due consideration to the Trading Program. (b) At the request of the Fund, the Trading Advisor shall promptly deliver to the Fund a written explanation which, accurately explains the differences, if any, in the performance between the Fund’s account and such other commodity interest accounts traded utilizing the Trading Program (subject to the need to preserve the confidentiality of proprietary information concerning the Trading Advisor’s trading systems, methods, models, strategies and formulas and the identity of the Trading Advisor’s clients).

Appears in 1 contract

Sources: Advisory Agreement (Man AHL FuturesAccess LLC)

Right to Advise Others; Uniformity of Acts and Practices. (a) During the term of this Agreement, the Trading Advisor Parties shall, subject to the capacity undertaking set forth herein capacity, exclusivity and the exclusivity undertaking most favored nations undertakings of the Letter Agreement, be free to advise other investors as to the purchase and sale of commodity interests, to manage and trade other investors’ commodity interests accounts and to trade for and on behalf of their its own proprietary commodity interests accounts. However, under no circumstances shall any the Trading Advisor Party intentionally favor any commodity interests account directed by any of them it (regardless of the date on which they it began or shall begin to direct such account) over the Master Fund’s account, giving due consideration to the Trading Program. (b) . At the request of the Master Fund, the Trading Advisor shall promptly deliver to the Master Fund a satisfactory written explanation whichexplanation, accurately explains in the reasonable judgment of the Master Fund, of the differences, if any, in the performance between the Master Fund’s account and such other commodity interest accounts traded utilizing the Trading Program or a substantially identical trading strategy (subject to the need to preserve the confidentiality of proprietary information concerning the Trading Advisor’s trading systems, methods, models, strategies and formulas and the identity of the Trading Advisor’s clients); provided that during the Performance Disclosure Period the Trading Advisor shall also deliver any such written explanation with respect to any other commodity interest accounts traded utilizing a Substantially Similar Trading Strategy.

Appears in 1 contract

Sources: Advisory Agreement (Highbridge Commodities FuturesAccess LLC)