Allocation of Investment Opportunities. Neither the Advisor nor any of its affiliates shall be obligated to present to the Company investment opportunities that come to their attention, even if any of those opportunities may be suitable to the Company. In addition, if the Advisor shall have an investment opportunity which satisfies the investment criteria of the Company, the Advisor shall make that investment opportunity available to the Company before such opportunity is invested in by the Advisor.
Allocation of Investment Opportunities. NMFC shall adopt and make available to SkyKnight an investment allocation policy (including any subsequent material amendments thereto) as is typical and customary for such policies; provided, that NMFC’s investment adviser, in lieu of NMFC, may fulfill its obligation under this Section 6.13.
Allocation of Investment Opportunities. The Issuer understands and agrees that the Portfolio Manager performs investment management services for various persons and entities and may take action with respect to any of such persons or entities which may differ from any actions taken (or from the timing or nature of actions taken) with respect to, or on behalf of, the Issuer. The Portfolio Manager shall not be obligated to purchase or sell for the Issuer securities which the Portfolio Manager may purchase or sell for itself or for the portfolios of other persons and entities, if the Portfolio Manager in its sole discretion deems that such investment or transaction appears unsuitable, impractical, improper, ill-advised, or undesirable for the Issuer.
Allocation of Investment Opportunities. The Investment Manager and its affiliates are involved worldwide with a broad spectrum of financial services and asset management activities and may engage in the ordinary course of business in activities in which their interests or the interests of their clients may conflict with those of the Fund. The Investment Manager may provide investment management services to other funds and discretionary managed accounts that follow an investment program similar to that of the Fund. Subject to the requirements of the 1940 Act, the Investment Manager intends to engage in such activities and may receive compensation from third parties for its services. The results of the Fund’s investment activities may differ from those of other accounts managed by the Investment Manager or its affiliates, and it is possible that the Fund could sustain losses during periods in which one or more other accounts managed by the Investment Manager or its affiliates, including proprietary accounts, achieve profits on their trading. Repurchase Agreements Risk The Fund may enter into repurchase agreements, in which the Fund purchases a security from a bank or broker-dealer, which agrees to repurchase the security at the Fund’s cost plus interest within a specified time. If the party agreeing to repurchase should default, the Fund will seek to sell the securities which it holds. This could involve procedural costs or delays in addition to a loss on the securities if their value should fall below their repurchase price. Repurchase agreements may be or become illiquid. These events could also trigger adverse tax consequences for the Fund. Special Purpose Acquisition Companies (“SPACs”) Risk The Fund may invest in securities of SPACs or similar special purpose entities that pool funds to seek potential acquisition opportunities. Unless and until an acquisition is completed, a SPAC generally invests its assets (less a portion retained to cover expenses) in US government securities, money market securities or holds cash; if an acquisition that meets the requirements for the SPAC is not completed within a pre-established period of time, the invested funds are returned to the entity’s shareholders. Because SPACs and similar entities are in essence blank check companies without operating history or ongoing business other than seeking acquisitions, the value of their securities is particularly dependent on the ability of the entity’s management to identify and complete a profitable acquisition. A SP...
Allocation of Investment Opportunities. It is the Manager’s policy to treat each Client in a fair and equitable manner, depending on the particular facts and circumstances and the needs and financial objectives of each Client, such that allocations are not based upon account performance, applicable fee structures or the appearance of otherwise preferential treatment. The Manager shall avoid any action that could result in an unfair or inequitable disadvantage to any Client, presenting to each Client all privately negotiated investment opportunities that the Manager reasonably believes to be suitable for the Client. Notwithstanding the foregoing, the Manager will not be required to offer a Client the opportunity to invest in any investments of any existing Client. 5.
Allocation of Investment Opportunities. It is understood that we perform investment advisory services for various clients. You agree that we may give advice and take action with respect to our other clients which may differ from the advice we give you or differ as to the timing or nature of action we take with respect to your portfolio. It is our policy and practice not to intentionally favour or disfavour consistently or consciously any client or class of clients in the allocation of investment opportunities, so that to the greatest extent practical, such opportunities will be allocated among clients over a period of time on a fair and equitable basis (see Policy of Fairness in Allocating Investment Opportunities for more information).
Allocation of Investment Opportunities. Investment opportunities shall be allocated between the Partnership and other entities in a fair and equitable manner and utilizing a methodology based upon the General Partner’s allocation policy consistent with the provisions of the Partnership Agreement.
Allocation of Investment Opportunities. The Partnership, SR Mezz and SteepRock acknowledge and agree that (i) as part of KKR’s regular businesses, personnel of KREF and its Affiliates may from time-to-time work on other projects and matters (including with respect to one or more Other KKR Funds), and that conflicts may arise with respect to the allocation of personnel between the Partnership or SR Mezz and one or more Other KKR Funds and/or KREF and such other Affiliates, (ii) there may be circumstances where investments that are consistent with the Partnership’s or SR Mezz’s investment guidelines may be shared with or allocated to one or more Other KKR Funds (in lieu of the Partnership or SR Mezz), (iii) Other KKR Funds may invest, from time-to-time, in investments in which the Partnership or SR Mezz may also invest (including at a different level of an issuer’s capital structure (e.g., an investment by an Other KKR Fund in an equity or mezzanine interest with respect to the same portfolio entity in which the Partnership or SR Mezz owns a debt interest or vice versa) or in a different tranche of fundraising with respect to an issuer in which the Partnership or SR Mezz has an interest) and, such transactions shall not be required to be presented to the Partnership or SR Mezz for approval, and there can be no assurance that any such conflicts will be resolved in favor of the Partnership or SR Mezz, (iv) KREF and its Affiliates may from time-to-time receive fees from portfolio entities or other issuers for the arranging, underwriting, syndication or refinancing of investments or other additional fees, including acquisition fees, loan servicing fees, special servicing fees and administrative fees and fees or advisory or asset management fees, including with respect to Other KKR Funds and related portfolio entities, and while such fees may give rise to conflicts of interest neither the Partnership nor SR Mezz will receive the benefit of any such fees, and (v) the terms and conditions of the governing agreements of such Other KKR Funds (including with respect to the economic, reporting, and other rights afforded to investors in such Other KKR Funds) are materially different from the terms and conditions applicable to the Partnership, SR Mezz and their respective equity holders, and neither K Partnership, SR Mezz nor any such equity holders (in such capacity) shall have the right to receive the benefit of any such different terms applicable to investors in such Other KKR Funds as a result of an invest...
Allocation of Investment Opportunities. The General Partner will determine in its sole discretion whether an investment opportunity is within the investment objectives of the Partnership. Each Limited Partner recognizes and consents that all or any portion of an investment opportunity that the General Partner determines in its sole discretion is not appropriate for the Partnership or is more appropriate for an Other Blackstone Account may be pursued by the General Partner and its Affiliates outside of the Partnership. Each Limited Partner acknowledges that Blackstone currently invests third-party capital in a wide variety of investment opportunities on a global basis through its various investment funds (including Other Blackstone Accounts), some of which will have investment objectives that overlap with those of the Partnership. Other Blackstone Accounts that have investment objectives or guidelines that overlap with those of the Partnership may receive priority with respect to any investment opportunity that falls within such common objectives or guidelines or such investment opportunity may be allocated in any manner deemed appropriate by Blackstone in its sole discretion.
Allocation of Investment Opportunities. The Company and the Manager agree that to the extent the Company provides management services to Third Parties with investment objectives similar to the Company, and the Manager identifies an investment opportunity or opportunities suitable for the Company and one or more Third Parties, and such investment is of a size that requires an allocation of such investment between the Company and one or more Third Parties, the Manager will allocate such investment in a fair and equitable manner and will take into account the following considerations: (i) the primary investment strategy and the particular stage in portfolio development within each company managed by the Manager; (ii) the effect of the potential acquisition on the diversification of each company’s portfolio’s investments by coupon, purchase price, size, prepayment characteristics, and leverage; (iii) the cash requirements of each company’s portfolio; (iv) the anticipated cash flow of each company’s portfolio; and (iv) the amount of funds available to each company’s portfolio and the length of time such funds have been available for investment. The parties hereto acknowledge that information and recommendations provided by the Manager to the Company may be different from the information and recommendations supplied by the Manager or its Affiliates to Third Parties. The Company shall be entitled to equitable treatment under the circumstances in receiving information, recommendations and any other services, but the Company recognizes that it is not entitled to receive preferential treatment as compared with the treatment given by the Manager to any Third Parties. On a quarterly basis, subject to preexisting contractual confidentiality obligations owed by the Manager to Third Parties, the Manager will provide to the Independent Directors all information available or reasonably requested by the Independent Directors with respect to allocation decisions the Manager has made to allocate investment opportunities between the Company and Third Parties, if any, and discuss with the Independent Directors the portfolio needs of each managed company for the next quarter to determine prospectively whether any asset allocation conflict is likely to occur and the proposed resolution of any such conflict.
