Examples of Stillwater Funds in a sentence
The Investment Manager hereby accepts such Appointment and agrees to use its best efforts and all of the investment skills and abilities of its shareholders, officers, directors and employees, throughout the Term of this Agreement (as hereinafter defined) to provide such investment management services to the Surviving Entities or Buyers of the Stillwater Funds, all as provided for in this Agreement.
Assuming shareholder approval of the Acquisition Proposal on or before January 23, 2010, we will consummate the acquisitions of the Allied Provident Organization, the Wimbledon Funds and some or all of the Stillwater Funds and other securities contemplated by the Amalphis Agreement, the Wimbledon Agreements and the relevant Stillwater Agreements, provided that the aggregate net asset value of all of the consummated acquisitions equals or exceeds the Minimum Acquisition.
For the avoidance of doubt, the Net Asset Value change for purposes of this Section 2(d) shall be measured on a group by group basis based on the performance of the relevant group of Stillwater Funds merged with or acquired by the relevant Surviving Entity or Buyer, as the case may be, as described in the recitals above.
Stillwater acknowledges and agrees that, as of the Effective Date, the terms and conditions of any and all prior management, services or other similar agreements between Stillwater or any of its affiliates, on the one hand, and any of the Stillwater Funds, on the other hand (the “Prior Management Agreements”), are hereby terminated and shall be of no further force or effect.
The Amended Complaint alleges that Paradigm and other parties “acted with the intentional and common purpose of enabling and perpetrating the fraudulent Scheme to convert the Real Property Interests, stripping such assets of all value and equity, and further diverting those Interests from the Stillwater Funds, therebydamaging the Stillwater Funds and their creditors and investors.” Amended Complaint ¶ 464.
Rohan and Halter, which allegedly damaged the Stillwater Funds by “helping to further divert” assets and putting them “out of the reach” of the Stillwater Funds and their creditors and investors.
It was apparent that in many instances the “property” that the Stillwater Funds owned, and that allegedly was transferred to Gerova, was their ownership interests in other companies.
In addition, these allegations, which focus only on Gerova’s alleged accounting problems, provide no support at all for the proposition that Paradigm should have known, or did know, of the alleged conspiracy by Net Five and others to convert property and to defraud the Stillwater Funds.
The Offshore Fund and two other Stillwater Funds sold their assets under an Asset Purchase Agreement dated as of December 31, 2009.
To the contrary, the Amended Complaint alleges that the managers of the Stillwater Funds were participants in the alleged fraud.