Affected Fund definition
Examples of Affected Fund in a sentence
If at any time the Collateral is insufficient to satisfy the obligation to return the full amount owed to the Borrower, the Affected Fund shall be solely responsible for such shortfall except to the extent that any such shortfall results from the negligence or bad faith of the Lending Agent.
Until such time as the actions in clauses (i) or (ii) have been consummated, any dividends or interest which have accrued on the loaned securities, whether or not received from the Borrower, shall be credited by the Lending Agent to the Affected Fund in accordance with Section 8 hereof.
Upon the occurrence of any Default, the General Partner shall promptly notify the Limited Partner who has committed such Default (the “Defaulting Limited Partner”) of the occurrence of such Default with respect to the Affected Fund.
Upon the occurrence of any Event of Default, the General Partner shall promptly notify all Limited Partners having an interest in the Affected Fund other than the Defaulting Limited Partner (the “Non-Defaulting Limited Partners”) of the occurrence of such Event of Default and of the course or courses of action it is electing to take as provided below.
If any such commitment is received from any existing Limited Partner, subject to the prior written unanimous consent of the Partners (other than the Defaulting Limited Partner), such Limited Partner shall be granted a corresponding interest in the Affected Fund and such Limited Partner’s Capital Commitment and Available Capital Commitment, in respect of such Affected Fund, shall be increased accordingly.
The Investment Company and the Investment Adviser of the Affected Fund shall use their best efforts to assure that any Designated Shareholder that is not the beneficial owner of the Designated Shares promptly disburses the Designated Shareholder Payment to the beneficial owner or owners of the Designated Shares.
The Affected Fund shall be liquidated on or before the 30th day following the occurrence of a Guarantee Event unless the Treasury, in its sole and absolute discretion, after taking into account prevailing market conditions, consents in writing to a later date.
Upon the completion of all actions necessary to liquidate the Affected Fund, including the distribution of the Affected Fund’s assets, other than assets reserved to meet outstanding liabilities, to its shareholders, the Investment Company shall provide a notice to the Treasury in the form of Exhibit H (the “Payment Request Notice”) requesting payment of the Guarantee Payment.
If the Guarantee Payment is paid to an account at an Alternate Paying Agent, the Investment Company and the Investment Adviser of the Affected Fund shall provide the Alternate Paying Agent such assistance and information as it may request to assure that the Guarantee Payment is disbursed to the Designated Shareholders as contemplated by this Guarantee Agreement.
To the extent that such person’s obligations are contingent upon the Affected Fund’s disposition of a portfolio security, the Affected Fund, promptly after the Guarantee Event, shall dispose of such portfolio security and demand payments of all amounts due under such NAV Support Agreement.