In specie definition

In specie means the transfer of investments from one party to another without the need to sell the investment.

In specie means re-registering or transferring the ownership of an asset instead of selling it.

In specie. Ensurge shall not pay any of its costs or expenses incurred pursuant to this Agreement, or in any way connected with the Tailings, by way of providing the applicable vendor or service provider with a portion of the Tailings (i.e., including the Valuable Metals). Instead, Ensurge shall pay all such costs and expenses fully in cash, from its own financial resources. Without limiting the foregoing, in dealings with Refiners and other vendors and service providers, Ensurge shall seek to avoid any embedded or hidden consideration accruing to such parties in the form of their retention of a portion of the Tailings (including the Valuable Metals).

Examples of In specie in a sentence

• In specie transfers will not be taken into account when determining any dilution adjustment and any incoming portfolio will be valued on the same basis as the Company is priced (i.e. offer plus notional dealing charges, mid, or bid less notional dealing charges).

• In specie transfers will not be taken into account when determining any dilution adjustment and any incoming portfolio will be valued on the same basis as the Sub-fund is priced (i.e. offer plus notional dealing charges, mid, or bid less notional dealing charges).

• In specie repurchases may only be effected if the Depositary is satisfied that the terms will not be such as are likely to result in any material prejudice to the interests of the remaining Shareholders in the relevant Fund or Class.

• In specie redemptions If a Shareholder requests the redemption of Shares the ACD may, where it considers that deal to be substantial in relation to the total size of a Sub-fund or in some way detrimental to the Sub-fund, arrange for scheme property having the appropriate value to be transferred to the Shareholder (an ‘in specie transfer’), in place of payment for the Shares in cash.

• In specie RedemptionsAuthorised Participants may only apply for Redemptions in specie when agreed in advance with the Responsible Entity.

More Definitions of In specie

In specie means that the actual assets would be returned — for example, in this case, the assets in specie would be the flooded land.

In specie means an asset is paid to a pension recipient instead of cash.

In specie means the money exists “[i]n the same or like form” as it had upon introduction into evidence. Black’s Law Dictionary (8th ed. 2004).

In specie means transferring an asset in its current form, without the need to convert that asset to cash. For example, to pay off a debt

In specie means that the actual assets would be returned — for example, in this case, the assets in specie would be the flooded land.In cases where returning the actual assets is not possible, such as this one, equitable compensation is the appropriate remedy.[27] While both parties agreed on “[t]he basic principles of equitable compensation … [they] disagree[d] about their application to the Crown’s fiduciary duty in relation to land held for the benefit of Indigenous Peoples.” [28] The doctrine of equitable compensation has two objectives: (1) to remedy the loss suffered by “restor[ing] the actual value of the thing lost through the fiduciary’s breach” (the “lost opportunity”),[29] and (2) to enforce the trust which forms the heart of the fiduciary relationship by deterring future wrongdoing.[30] To be eligible for equitable compensation, the plaintiff must show that the fiduciary’s breach—in this case the Crown’s breach — caused their lost opportunity.[31] Here, the Court clarified that the test for causation is the low-threshold “but for” test: but for the fiduciary’s breach, would the plaintiff have suffered the loss?[32]The Court further explained that a fiduciary cannot limit their liability by arguing that the loss suffered by the plaintiff was unforeseeable.[33] The doctrine of equitable compensation aims to “compensate … the plaintiff for the lost opportunity caused by the breach, regardless of whether that opportunity could have been foreseen at the time of the breach.”[34] Equitable compensation, the Court continued, will “[look] at what actually happened to values in later years,” even if it causes an “unexpected windfall” to the plaintiff.[35] This is because equitable compensation “look[s] to the policy behind compensation for breach of fiduciary duty and determine[s] what remedies will best further that policy.”[36] The dual purpose of remedying the loss suffered and deterring future wrongdoing therefore drive the calculation of equitable compensation, and foreseeability is not relevant. In the context of a fiduciary breach, equitable compensation “should not be limited by foreseeability, unless it is necessary to reach a just and fair result.”[37] To inform its assessment in Southwind, the Court set out several presumptions and requirements that apply to equitable compensation: The presumption that “the plaintiff would have made the most favourable use of the trust property,”[38] although “[t]he most favourable use must be realistic.”[39]

In specie transfer means that during the Restructuring, in order to reduce the above- mentioned out-of-market risks, we will try our best to redeem units from third party APIF (or direct investment) by way of “in-specie” transfer instead of redeeming investments in cash, then the proceeds of in-specie redemption will be used to subscribe for new APIFs in the BCT APIF Series. In case the relevant redemption cannot be conducted in specie, it must be redeemed in cash, then the Relevant Constituent Funds may be exposed to out-of-market risks.

In specie means the Transfer of your investments to, or from, us without requiring them to be encashed. Also referred to as re-registration.