Active Fund definition

Active Fund means a “private fund,” as defined in Section 202(a) of the Investment Advisers Act of 1940, that (i) is not a Third-Party Subaccount (See CFTC Regulation 50.25 and 77 Fed. Reg. at 44456) and (ii) has executed 200 or more swaps per month on average over the 12 months preceding November 1, 2012. For purposes of clause (ii) of this definition, “swaps” shall mean swaps as defined by the CFTC for purposes of implementation schedules under parts 23 and 50 of CFTC regulations and shall exclude, without limitation, foreign exchange swaps and foreign exchange forwards exempted from regulation as “swaps” by the Secretary of the Treasury pursuant to authority granted by Section 1a(47)(E) of the Commodity Exchange Act (“CEA”).
Active Fund means a “private fund,” as defined in Section 202(a) of the Investment Advisers Act of 1940, that (i) is not a Third-Party Subaccount and (ii) has executed 200 or more swaps per month on average over the 12 months preceding September 11, 2012.
Active Fund means an occupational retirement fund which is either

Examples of Active Fund in a sentence

  • THIS INVESTMENT ADVISORY AGREEMENT SUPPLEMENT is entered into as of this 25th day of March, 1997, by and between Providian Series Trust (the "Trust"), a Massachusetts business trust, on behalf of its International Active Fund (the "Fund"), and Providian Investment Advisors, Inc.

  • The Transfer Agency Agreement is hereby adopted for the ▇▇▇ Sustainable Global Active Fund (the “Portfolio”).

  • The Custodian Agreement is hereby adopted for ▇▇▇ Sustainable Global Active Fund (the “Portfolio”).

  • The Distribution Agreement is hereby adopted for the ▇▇▇ Sustainable Global Active Fund Class of Common Stock of the Company (each, the “Class”).

  • The intent of this provision is to induce Intek to settle any and all Third Party Claims at a fair amount and share to the extent of 20% of the benefits of such settlement upon the breaking of the Active Fund.

  • Notwithstanding the foregoing, no Subadvisory Fee shall be payable to the Subadviser hereunder until all the costs and expenses incurred by the Adviser in connection with the reorganization of the ▇▇▇ Sustainable Global Active Fund with and into the Fund have been reimbursed to the Adviser out of the Subadvisory Fee otherwise due to the Subadviser as set forth above.

  • Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXII) Second, the determination of whether the Excluded Employee earns qualified years or hours in the Retired Employee Fund or eligibility in the Active Fund shall be made by ignoring all employment for such Controlled Employer on and after September 1, 2002.

  • Agreement and Declaration of Trust (Inclusive of Amendments I through CXXX) Second, the determination of whether the Excluded Employee earns qualified years or hours in the Retired Employee Fund or eligibility in the Active Fund shall be made by ignoring all employment for such Controlled Employer on and after September 1, 2002.

  • Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXVI) Second, the determination of whether the Excluded Employee earns qualified years or hours in the Retired Employee Fund or eligibility in the Active Fund shall be made by ignoring all employment for such Controlled Employer on and after September 1, 2002.

  • Provided, however, that (i) this Section 7.2.5. only applies to the amounts held in the Active Fund as defined in the Escrow Agreement established under Section 1.15 and (ii) Intek shall not in any event be entitled to more than twenty percent (20%) of the amount left in the Active Fund after all payments are made for claims under the Escrow Agreement.


More Definitions of Active Fund

Active Fund means a “private fund,” as defined in Section 202(a) of the Investment Advisers Act of 1940, that (i) is not a Third-Party Subaccount (as defined below) and (ii) has executed 200 or more swaps per month on average over the 12 months preceding September 11, 2012.
Active Fund means any private fund as defined in section 202(a) of the Investment Advisers Act of 1940 (a “Private Fund”) that is not a third-party subaccount and that executes 200 or more swaps per month based on a monthly average over the 12 months preceding the CFTC issuing a mandatory clearing determination under section 2(h)(2) of the Dodd-Frank Act.
Active Fund means a “private fund,” as defined in Section 202(a) of the Investment Advisers Act of 1940, that (i) is not a Third-Party Subaccount and (ii) has executed 200 or more swaps per month on average over the 12 months preceding November 1, 2012. For purposes of clause (ii) of this definition, “swaps” shall mean swaps as defined by the CFTC for purposes of implementation schedules under parts 23 and 50 of CFTC regulations and shall exclude, without limitation, foreign exchange swaps and forward exchange forwards exempted from regulation as “swaps” by the Secretary of the Treasury pursuant to authority granted by Section 1a(47)(E) of the Commodity Exchange ActCEA.“Additional Mandatory Clearing Determination” means a determination (i) by the CFTC pursuant to Section 2(h) of the CEA that certain swaps or groups, categories or classes of swaps shall be subject to mandatory submission for clearing to a DCO eligible to clear such swaps other than the Initial Mandatory Clearing Determination or (ii) by the SEC pursuant to Section 3C(b) of the SEA, that certain security-based swaps, or groups, categories or classes of security-based swaps shall be subject to mandatory submission for clearing to a clearing agency, as defined in Section 3(a)(23) of the SEA, eligible to clear such security-based swaps.
Active Fund means each Fund which is actively managed in or without
Active Fund means a “private fund,” as defined in Section 202(a) of the Investment Advisers Act of 1940, that (i) is not a Third-Party Subaccount (as defined below) and (ii) has executed 200 or more swaps per month on average over the 12 months preceding November 1, 2012. For purposes of clause (ii) of this definition, “swaps” shall exclude “foreign exchange forwards” and “foreign exchange swaps,” as those terms are defined in Sections 1a(24) and 1a(25) of the CEA, respectively, exempted from regulation as “swaps” by the U.S. Secretary of the Treasury pursuant to authority granted by Section 1a(47)(E) of the CEA. “Third-Party Subaccount” means an account that is managed by an investment manager who is (1) independent of and unaffiliated with the account’s beneficial owner or sponsor and (2) responsible for the documentation necessary for the account’s beneficial owner to clear swaps.