Underlying Assets Sample Clauses
The 'Underlying Assets' clause defines the specific assets, securities, or instruments to which a contract or financial product refers or derives its value from. In practice, this clause identifies what is being referenced—such as stocks, bonds, commodities, or indices—in agreements like derivatives, swaps, or structured products. By clearly specifying the underlying assets, the clause ensures all parties understand the basis of the contract’s value and obligations, thereby reducing ambiguity and potential disputes over what is covered by the agreement.
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Underlying Assets. All management of the Plan shall be made under instructions of ABF. Notices to Client with respect to transaction within the Plan shall be made and confirmed by either the Product Provider or ABF. If applicable, ABF shall do its best to avoid over draft condition arises from purchasing any portfolio for the Plan. The interests of advance paying made by Product Provider, which arises from over draft condition of the Plan, no matter what the reasons directly or indirectly lead to such condition are, shall be paid from the cash position of the Plan, as long as ABF has done its best to avoid such condition. ABF has the right to select asset registered and authorized in any place include but not limited to Hong Kong, if it is accepted by Product Provider, as long as ABF believes the decision is made on a fair and reasonable basis. 相 關資產：本計劃內的所有組合管理需在 ABF 的操作下完成。產品公司或 ABF 將向客戶就有關本計劃的交易發出通知。 ABF 應該盡力避免因為本計劃中購入任何資產的動作而造成透支的情況發生(如適用)。若 ABF 己作出最佳安排避免任何透支發生，但產品公司仍向本計劃收取利息，不管該情況是直接或間接由透支引起，該利息皆會由本計劃的現金部位支付。在產品公司接受並且只要 ABF 相信做出的決定是基於公平合理的基礎下管理本計劃，ABF 可以選擇香港或以外地區註冊的資產作為組合內容。
Underlying Assets. 2.1 The Company agrees to and hereby irrevocably and exclusively grants to the Cayman Company without any additional conditions an option to require the Company to transfer all or part of the assets held by the Company (the “Underlying Assets”) to the Cayman Company or its Designated Party to the extent permitted by the laws of China under any circumstance deemed appropriate or necessary by the Cayman Company in its sole discretion (subject to the specific requirements of the Cayman Company) (the “Asset Purchase Option”).
2.2 The Existing Shareholders hereby agree that the Company grants the Asset Purchase Option to the Cayman Company.
2.3 The Cayman Company shall have the right to exercise all or part of its Asset Purchase Option at any time to acquire all or part of the Underlying Assets, and the number of times of exercise is unlimited.
2.4 The Cayman Company shall have the right to designate any third party to acquire all or part of the Underlying Assets, and the Company and the Existing Shareholders shall not refuse to do so and shall transfer all or part of the Underlying Assets to such Designated Party as required by the Cayman Company.
2.5 Prior to the transfer of the Underlying Assets to the Cayman Company or the Designated Party in accordance with this Agreement, the Company and the Existing Shareholders shall not transfer or approve the transfer of the Underlying Shares without the prior written consent of the Cayman Company.
Underlying Assets. (a) Neither an Owner nor the Manager may Dispose of all or any Iron Ore Assets or any Securities in any JV Entity which owns any Iron Ore Assets, and the Owners must procure that no JV Entity disposes of all or any Iron Ore Assets * * *
(a) If an Owner Disposes of any proportionate part of its Participating Interest, then for the purposes of this Agreement:
(2) Pursuant to a request for confidential treatment filed with the Securities and Exchange Commission, confidential portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission
(ii) the Majority Owner * * * is:
(A) the Owner * * * whose Participating Share is greater than 25%; or
(B) where the Participating Shares of a group of Related Corporations are in aggregate greater than 25%, the Owner designated by that group from time to time;
(iii) a Substantial Owner is an Owner * * * whose Participating Share is 17% or greater, but not greater than 25%;
(iv) a Minority Owner is an Owner * * * whose Participating Share is less than 17%;
(vii) the Participating Share of an Owner will be aggregated with any Participating Shares of Related Corporations of the Owner for the purposes of determining whether the Owner is a Majority Owner, Substantial Owner or Minority Owner * * *
(b) Except as provided for in this clause 10:
(i) the Majority Owner * * * will be entitled and obliged to exercise all rights conferred, and perform all obligations imposed, on an Owner under the Transaction Documents * * *; and
(ii) the exercise of such rights, and the performance of such obligations, will be binding on the other Owners * * * and may be relied upon by the * * * other Owner * * *.
Underlying Assets. Each of your Asset Choices has a corresponding Underlying Asset. Whilst we may provide information relating to the investment object, dealing day, intended investment and investment restrictions, duties and charges, we will not be responsible for any investment performance. Metis will purchase, hold or sell, or do so through a nominee, Units in your Plan Account as trustee for and on your behalf in compliance with your Asset Choice and it is agreed that Metis is acting as principal in this regard. You understand that the Units will be registered in the name of Metis or a nominee designated by Metis. For the purpose of valuation of this Plan, the allocation of Units of an Asset to reflect the Asset Choices of this Plan is notional. The return on your Asset Choice may be lower than the return on the Underlying Assets due to charges in respect of the Plan. Your individual Notional Unit holding can be separately identifiable under your Plan record on the Metis administration system. You can at any time request a valuation of these Notional Units, which will be based on the latest available Unit price provided by the manager of the Underlying Fund or the Issuer of the Structured Products or the Dealers of the Commodity.
Underlying Assets. As of the Effective Date, ADA-ES has, and the respective AC Venture Companies have, and as of the Closing Date, the AC Venture Companies to which the Underlying Assets are transferred shall have, good and marketable title to, and be the lawful owner of, the Underlying Assets and the ADA-ES Contributed Assets. The Underlying Assets, the ADA-ES Contributed Assets, the provision of services by ADA-ES to the Development Company and its Affiliates pursuant to the Master Services Agreement, and the Licensed IP constitute all assets, properties and contract rights of each of the ADA-ES Entities used or held for use in connection with the operation of the Business or necessary to the conduct of the Business. The transfer of the Underlying Assets by ADA-ES to the Project Companies and Supply Company pursuant to this Agreement, the transfer of the ADA-ES Contributed Assets to the Development Company pursuant to this Agreement, the licensing of the Licensed IP by ADA-ES to the Development Company pursuant to the Intellectual Property License Agreement and the provision of services by ADA-ES to the Development Company and its Affiliates pursuant to the Master Services Agreement, will effectively convey to the AC Venture Companies all assets, properties and contract rights of each of the ADA-ES Entities used or held for use in connection with the operation of the Business or necessary to the conduct of the Business (whether owned, leased, held under license or otherwise). Except for the provision of services pursuant to the Master Services Agreement and the Licensed IP, there are no shared assets, properties or contract rights of each of the ADA-ES Entities used or held for use in connection with the operation of the Business or necessary to the conduct of the Business (whether owned, leased, held under license or otherwise) which are used or held for use in connection with the Business and in connection with the Other Businesses.