EnTrust Fund definition
Examples of EnTrust Fund in a sentence
Except as set forth in Section 4.13(e) of the EnTrust Disclosure Schedule, during the past five (5) years, no EnTrust Entity has received any notification of any asserted present or past failure by any EnTrust Fund to comply in all material respects with any applicable Law, nor does the EnTrust Contributor have any Knowledge of any basis for such a claim.
Section 4.20 of the EnTrust Disclosure Schedule sets forth an accurate description of any material Actions that have been commenced, settled or resolved by litigation or arbitration by any EnTrust Entity, or settled or resolved by litigation or arbitration by any EnTrust Fund, in each such case in the last three (3) years.
The Organizational Documents of each EnTrust Fund and any amendments thereto, complete and correct copies of each of which as is in effect on the date hereof have heretofore been made available to the Permal Contributor and have been filed with or notified to all applicable Governmental Authorities to the extent required by applicable Law.
Except as set forth in Section 4.20 of the EnTrust Disclosure Schedule, there are no outstanding judgments or Orders in favor of any Person relating to any EnTrust Entity or any EnTrust Fund.
Each of the Contracts described in the previous sentence is in full force and effect and no EnTrust Fund, nor, to the Knowledge of the EnTrust Contributor, any other party is in default of any such Contract.
Each of such financial statements is consistent with the books and records of the applicable EnTrust Fund and presents fairly in accordance with the GAAP the consolidated assets, liabilities and financial position of such EnTrust Fund at the respective date of such financial statements and the results of operations, changes in partners’ equity and cash flows for the respective periods indicated.
Section 4.21(a) of the EnTrust Disclosure Schedule lists the states, territories and jurisdictions in which a Tax Return with respect to the EnTrust Entities or EnTrust Fund was filed in the past three (3) years.
Each EnTrust Entity and EnTrust Fund has duly and timely paid all income, franchise and other material Taxes (whether or not reflected on such Tax Returns) that it is required to pay, and has adequately reserved for in the EnTrust Financial Statements of the relevant EnTrust Entity or EnTrust Fund in accordance with GAAP (or other accounting principles).
No Client has notified any EnTrust Entity of (i) an intent to terminate its Investment Advisory Contract, to engage in negotiations to amend the terms and conditions of its Investment Advisory Contract, or to withdraw assets from any EnTrust Entity’s management, including a withdrawal or redemption from an EnTrust Fund or (ii) a failure by any EnTrust Entity to comply with the terms and conditions of such Client’s Investment Advisory Contract.
Each of such Contracts constitutes the valid and legally binding obligation of the applicable EnTrust Entity or EnTrust Fund, enforceable in accordance with its terms, and is in full force and effect, except that the enforceability hereof and thereof may be limited by applicable Enforceability Limitations.