Fund Documentation definition

Fund Documentation means, with respect to each Fund as of any date of determination, all organizational, governing and financing documentation that is material in respect of such Fund, including its memorandum and articles of incorporation or association, limited partnership agreement, operating agreement, shareholders agreement or other constitutional documents, Investment Advisory Arrangement, indenture, credit agreement or other financing documents, offering document or memorandum, placement agent agreement and form of subscription documents and investor side letters, in each case, that as of such date of determination, are in effect.

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Fund Documentation means, with respect to a Fund, the constitutive and governing documents, subscription agreements and other agreements of the Fund specifying the terms and conditions relating to the Fund and/or the Basket A Assets issued by such Fund, in each case, as amended from time to time;

Fund Documentation means, with respect to each Digital Colony Fund, its limited partnership agreement, memorandum and articles of incorporation, other constitutional documents or Organizational Documents, trust documents, Side Letters, subscription documents, agreements pursuant to which services of any type are provided (whether management, investment management or agency investment advisory), Distribution Agreements, custodial account agreements, register and transfer agency agreements, loan financing and security agreements, and its private placement memorandum (including any supplements thereto).

Examples of Fund Documentation in a sentence

• Since December 31, 2024 through the date of this Agreement, no executive officer, chief investment officer, or employee of the Company or any of its Subsidiaries with a title of Portfolio Manager or higher or who is otherwise identified by name as a “key person” under any Fund Documentation or other Investment Advisory Arrangements has given written notice to the Company or any of its Subsidiaries that such individual intends to terminate his or her service.

• Except as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect, all such Fund Documentation, to the extent applicable, are valid and binding obligations of the applicable Fund, and are in full force and effect and enforceable against the other party or parties thereto in accordance with their terms (subject to the Bankruptcy and Equitable Exception), and each such Fund is in compliance with such documents, as applicable.

• The Fund Documentation of each Fund sets forth true and correct descriptions of management and/or performance fees to which the Company and its Subsidiaries are entitled to receive (including terms, conditions and timeframes for payment thereof).

• As of the date hereof, there are no proceedings or investigations pending or threatened in writing by any Governmental Entity with respect to any such individual with a title of Portfolio Manager or higher or who is otherwise identified by name as a “key person” under any Fund Documentation or other Investment Advisory Arrangements which would reasonably be expected to result in his or her debarment.

• In no event shall the Company or any of its Subsidiaries be required to offer or grant any accommodation or alteration of terms (financial or otherwise) in respect of any Fund or any Fund Documentation, or pay any fee or other amount, or assume any liability or obligation, to obtain any Client Consents.

More Definitions of Fund Documentation

Fund Documentation means, with respect to each Fund (which, for the avoidance of doubt, includes any general or limited partnership, account, trust, limited liability company or other entity and whether or not dedicated to a single investor) as of any date of determination, all organizational and governing documentation that is material in respect of such Fund, including its memorandum and articles of incorporation or association, limited liability company agreement, limited partnership agreement or other constitutional or governing documents, subscription documents and Side Letters, in each case, that as of such date of determination, are in effect.

Fund Documentation means, with respect to the Parataxis Fund, its memorandum and each supplement thereto, and articles of incorporation, Organizational Document or other constitutional documents, trust documents, agreements pursuant to which investment management or investment advisory services are provided, distribution agreements and side letters between the Parataxis Fund and/or Target Company, on the one hand, and any investor in the Parataxis Fund, on the other hand, in each case, dated on or in effect in the last five years.

Fund Documentation means, with respect to each Sponsored Fund, the limited partnership agreement or equivalent organizational document of such Sponsored Fund and any advisory, management or sub-advisory agreements with respect to such Sponsored Fund, together with the subscription agreements for such Sponsored Fund (excluding Side Letters and any Marketing Literature), in each case, that is in effect as of the date of this Agreement.

Fund Documentation means, with respect to each Company Fund, the limited partnership agreement or equivalent Organizational Document of such Company Fund and any advisory, management, sub-advisory, sponsorship or other agreements with respect to such Company Fund, as well as the then-current registration statement or offering memorandum (if any) of such Company Fund, together with the subscription agreements for such Company Fund and any Side Letters or similar agreements with investors therein, in each case, that is in effect as of the date hereof. With respect to Collateralized Loan Vehicles, Fund Documentation shall also include any applicable indenture or trust deed, any fee sharing, fee rebate, fee waiver or similar agreement entered into with respect to management fees and any collateral administration agreement.

Fund Documentation means, with respect to a Reference Fund, its Organization Documents and Registration Statement.

Fund Documentation means, with respect to a Fund and as the context requires, all and any constitutive documents (howsoever described), including, without limitation, the memorandum and articles of association, the prospectus, private placement memorandum, confidential offering memorandum, relevant board resolutions; authorised signatory lists; incumbency certificates; powers of attorney or other formal delegations of authority and all and any amendments or supplements thereto from time to time.

Fund Documentation means with respect to each Portfolio, and to the extent applicable, the deed in terms of which the relevant Collective Investment Scheme was established, the supplemental deed establishing the Portfolio, any supplement or addendum thereto, the RCIS Fund/Hedge Fund Information Document, the relevant Minimum Disclosure Document, any Hedge Fund Disclosure Document which may be relevant, the applicable investment form plus its annexures, as well as all other relevant sales or promotional material (including any application form) distributed by RCIS in connection with the offer for sale of Participatory Interests and/or Participatory Interests in a CIS Hedge Fund, as updated or amended from time to time;