In specie definition

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

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).

In specie generally means ‘in its present form’. Clause 8.6 gave the General Partner of VDP the express power to make distributions in the form of non-marketable securities (i.e. in specie) upon the final liquidation of the Partnership.

Examples of In specie in a sentence

• In specie means that, rather than receiving cash in respect of a subscription and delivering cash proceeds in respect of a redemption, the Fund will receive and deliver securities (or predominantly securities) acceptable to the Investment Manager and set out in the Portfolio Composition File.

• In specie Creations and Redemptions may be charged an additional fee by the Responsible Entity.Please refer to Section 10 (Additional Information) for further information on the roles and responsibilities of Authorised Participants and how to become an Authorised Participant.Other investors may purchase or sell Units on the ASX through their broker.

• In specie Creations andRedemptions may be charged an additional fee by the Responsible Entity.Please refer to Section 10 (Additional Information) for further information on the roles and responsibilities of Authorised Participants and how to become an Authorised Participant.Other investors may purchase or sell Units on the ASX through their broker.

• In specie application The Manager may, by special arrangement and at its discretion, agree to arrange for the issue of Units in exchange for assets other than cash but only if the Trustee is satisfied that acquisition of the assets in exchange for the Units to be issued is not likely to result in any material prejudice to the interests of Unitholders or potential Unitholders of the Scheme concerned.

• In specie Creations and Redemptions are not permitted by the Responsible Entity.Please refer to Section 10 (Additional Information) for further information on the roles and responsibilities of Authorised Participants and how to become an Authorised Participant.Other investors may purchase or sell Units on the ASX through their broker.

More Definitions of In specie

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

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

In specie means re-registering the assets of the plan without selling them and will be subject to EBS’s prior approval. Non- standard assets may not be accepted and may need to be sold prior to transferring. If you wish to transfer in specie, please provide a list and valuation of the transferring assets.

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]