Status of Client. Custodian understands that the Client is an open-end management investment company, registered with the SEC under the Investment Company Act of 1940 (“1940 Act”). The Client issues several separate Portfolios and the Client’s Securities and Cash, as well as its liabilities, are, and shall be, allocated to each such Portfolio in accordance with the Client’s Instructions. This Agreement is executed by the Client with respect to each of its Portfolios and the obligations hereunder are not binding upon any of the trustees, officers or shareholders of the Client individually. Notwithstanding any other provision in this Agreement to the contrary, each and every obligation, liability or undertaking of a particular Portfolio under this Agreement shall constitute solely an obligation, liability or undertaking of, and be binding upon, such particular Portfolio and shall be payable solely from the available assets of such particular Portfolio and shall not be binding upon or affect any assets of any other Portfolio.
Status of Client. The Client acknowledges that the principal role of Arbolus under this Agreement is to introduce an Expert to the Client and that any Interaction between the Client and such Expert following such introduction is governed by an Engagement Agreement creating a direct contractual relationship between Client and Expert.
Status of Client. Client represents and warrants to GS&Co. that no one except Client has a direct beneficial interest in the Account. In the event that Client is represented by an investment advisor or other agent, Client acknowledges and agrees that such agent is authorized to instruct GS&Co. with respect to Client’s Prime Brokerage Transactions and shall have all powers necessary in connection therewith, including, without limitation, full access, personally or through its agents, to Client’s Account information through whatever medium GS&Co. may choose for transmitting such information pursuant to GS&Co.’s agreement with such agent. Client further acknowledges that Prime Brokerage Transactions authorized by such an agent may, at such agent’s instruction, be commingled with those of other clients of the agent for settlement as a single bulk trade with GS&Co., may be reported on an average price basis, and may later be allocated by such agent among such clients. Client agrees that GS&Co. shall in no event be responsible for making any determination relating to the suitability of any transaction for Client’s Account.
Status of Client. Client represents and warrants to Pershing that no one except Client has a direct beneficial interest in the Account. In the event that Client is represented by an investment advisor or other agent, Client acknowledges and agrees that such agent is authorized to instruct Pershing with respect to Client’s Prime Brokerage Transactions and shall have all powers necessary in connection therewith, including, without limitation, full access, personally or through its agents, to Client’s Account information through whatever medium Pershing may choose for transmitting such information pursuant to Pershing’s agreement with such agent. Client further acknowledges that Prime Brokerage Transactions authorized by such an agent may, at such agent’s instruction, be commingled with those of other customers of the agent for settlement as a single bulk trade with Pershing, may be reported on an average price basis, and may later be allocated by such agent among such customers. Client acknowledges that if any such customer’s account fails to satisfy the minimum net equity requirements in the No-Action Letter, Pershing may not be able to etfectuate the entire bulk trade, and upon such event, Client agrees that the agent may resubmit the bulk trade excluding any such customer’s account within any required deadlines. Client agrees that Xxxxxxxx shall in no event be responsible for making any determination relating to the suitability of any transaction for Client’s Account.
Status of Client. Client represents and warrants to Clearing Firm that no one except Client has a direct beneficial interest in the Account. In the event that Client is represented by an investment advisor or other agent, Client acknowledges and agrees that such agent is authorized to instruct Clearing Firm with respect to Client's Prime Brokerage Transactions and shall have all powers necessary in connection therewith, including, without limitation, full access, personally or through its agents, to Client's Account information through whatever medium Clearing Firm may choose for transmitting such information pursuant to Clearing Firm’s agreement with such agent. Client further acknowledges that Prime Brokerage Transactions authorized by such an agent may, at such agent's instruction, be commingled with those of other clients of the agent for settlement as a single bulk trade with Clearing Firm, may be reported on an average price basis, and may later be allocated by such agent among such clients. Client agrees that Clearing Firm shall in no event be responsible for making any determination relating to the suitability of any transaction for Client's Account.
Status of Client. The Client will be treated as a Professional Client as defined in the FSA’s Handbook of Rules and Guidance (the “FSA Rules”).
Status of Client. Custodian understands that the Client is an exchange-traded investment company, registered with the SEC under the 1940 Act. The Client issues several separate Funds and the Client’s Securities and Cash, as well as its liabilities, are, and shall be, allocated to each such Fund in accordance with the Client’s Instructions. This Agreement is executed by the Client with respect to each of its Funds and the obligations hereunder are not binding upon any of the trustees, officers or shareholders of the Client individually. Notwithstanding any other provision in this Agreement to the contrary, each and every obligation, liability or undertaking of a particular Fund under this Agreement shall constitute solely an obligation, liability or undertaking of, and be binding upon, such particular Fund and shall be payable solely from the available assets of such particular Fund and shall not be binding upon or affect any assets of any other Fund.
Status of Client. The Company shall be deemed to be an independent management company, except as expressly provided or authorized in this Agreement shall have authority to act for and represent the Client. The Company intends to conduct its activities so as to avoid being classified as an “Investment Company” or a “Real Estate Investment Trust” under the Investment Company Act of 1940, and therefore avoid application of the costly and restrictive registration and other provisions of the Investment Company Act of 1940 and the regulations promulgated thereunder.
Status of Client. The Company shall be deemed to be an independent management company, except as expressly provided or authorized in this Agreement shall have authority to act for and represent the Client.
Status of Client. Client represents and warrants to that no one except Client has a direct beneficial interest in the Account. In the event that Client is represented by an investment advisor or other agent, Client acknowledges and agrees that such agent is authorized to instruct with respect to Client’s Prime Brokerage Transactions and shall have all powers necessary in connection therewith, including, without limitation, full access, personally or through its agents, to Client’s Account information through whatever medium may choose for transmitting such information pursuant to agreement with such agent. Client further acknowledges that Prime Brokerage Transactions authorized by such an agent may, at such agent’s instruction, be commingled with those of other clients of the agent for settlement as a single bulk trade with may be reported on an average price basis, and may later be allocated by such agent among such clients. Client agrees that shall in no event be responsible for making any determination relating to the suitability of any transaction for Client’s Account.
