Common use of General Duties of the Investment Manager Clause in Contracts

General Duties of the Investment Manager. Subject to the direction and control of the Company and in a manner consistent with the customary standards, policies and procedures followed by asset managers of national standing relating to assets of the nature and character of the Collateral Obligations and without regard to any relationship that the Investment Manager or any Affiliate thereof may have with any Obligor or any Affiliate of any Obligor, the Operating Agreement, the policies adopted or approved by the Company, the terms of the Indenture and the terms of this Agreement (the “Investment Manager Standard”), the Investment Manager agrees to supervise and direct the investment and reinvestment of the Collateral Obligations, manage, service, administer and make collections on the Collateral Obligations and perform its duties set forth herein and, on behalf of the Company, those investment-related duties and functions assigned to the Company and the Investment Manager under the Indenture, and shall have such other powers with respect to the investment and leverage related functions of the Company as shall be delegated from time to time to the Investment Manager by the Company. The Investment Manager shall endeavor to comply in all material respects with all applicable federal and state laws and regulations. The Investment Manager is hereby appointed as the Company’s agent and attorney-in-fact with authority to negotiate, execute and deliver all documents and agreements on behalf of the Company and to do or take all related acts, with the power of substitution, to acquire, dispose of or otherwise take action with respect to or affecting the Collateral Obligations, including, without limitation:

Appears in 3 contracts

Samples: Investment Management Agreement (FS Investment Corp III), Investment Management Agreement (FS Investment Corp II), Investment Management Agreement (FS Energy & Power Fund)

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General Duties of the Investment Manager. Subject to the direction and control of the Company Company's Board of Directors (the "Board") and in a manner consistent with subject to the customary standards, policies and procedures followed by asset managers of national standing relating to assets of the nature and character of the Collateral Obligations and without regard to any relationship that the Investment Manager or any Affiliate thereof may have with any Obligor or any Affiliate of any Obligor, the Operating Partnership Agreement, the policies adopted or approved by the CompanyBoard, as the same shall be amended from time to time, the terms conditions of any exemptive order obtained by or for the benefit of the Indenture Company from the Securities and the terms of this Agreement Exchange Commission (the “Investment Manager Standard”)"SEC") and this Agreement, the Investment Manager agrees to supervise and direct the investment and reinvestment of the Collateral Obligations, manage, service, administer and make collections on the Collateral Obligations assets and perform its the duties set forth herein and, on behalf of the Company, those investment-related duties and functions assigned to the Company and the Investment Manager under the Indentureherein, and shall have such other powers with respect to the investment and leverage related functions of the Company as shall be delegated from time to time to the Investment Manager by the CompanyBoard. The Investment Manager is hereby granted, and shall have, full power to take all actions and execute and deliver all necessary and appropriate documents and instruments on behalf of the Company in accordance with the foregoing. The Investment Manager shall endeavor to comply in all material respects with the 1940 Act and all rules and regulations thereunder, all other applicable federal and state laws and regulationsregulations and the applicable provisions of any other agreements to which the Company is subject. The Subject to the foregoing and the other provisions of this Agreement, and subject to the direction and control of the Board, the Investment Manager is hereby appointed as the Company’s 's agent and attorney-in-fact with authority to negotiate, execute and deliver all documents and agreements on behalf of the Company and to do or take all related acts, with the power of substitution, to acquire, dispose of or otherwise take action with respect to or affecting the Collateral ObligationsInvestments (as defined in Section 4(b) hereof), including, without limitation:

Appears in 2 contracts

Samples: Investment Management Agreement (Special Value Continuation Fund, LLC), Investment Management Agreement (Special Value Continuation Partners, LP)

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General Duties of the Investment Manager. Subject to the direction and control of the Company and in a manner consistent with the customary standards, policies and procedures followed by asset managers of national standing relating to assets of the nature and character of the Collateral Obligations and without regard to any relationship that the Investment Manager or any Affiliate thereof may have with any Obligor obligor of such Collateral Obligation or any Affiliate of any Obligorsuch obligor (the “Investment Management Standard”), the Operating Limited Liability Company Agreement, the policies adopted or approved by the Company, the terms of the Indenture and the terms of this Agreement (the “Investment Manager Standard”)Agreement, the Investment Manager agrees to supervise and direct the investment and reinvestment of the Collateral Obligations, manage, service, administer and make collections on the Collateral Obligations and perform its duties set forth herein andherein, and shall perform on behalf of the Company, Company those investment-investment and leverage related duties and functions assigned to the Company and or the Investment Manager under the Indenture, and shall have such other powers with respect to the investment and leverage related functions of the Company as shall be delegated from time to time to the Investment Manager by the Company. The Investment Manager shall endeavor to comply in all material respects with all applicable federal and state laws and regulations. The Investment Manager is hereby hxxxxx appointed as the Company’s agent and attorney-in-fact with authority to negotiate, execute and deliver all documents and agreements on behalf of the Company and to do or take all related acts, with the power of substitution, to acquire, dispose of or otherwise take action with respect to or affecting the Collateral Obligations, in all cases subject to the terms of the Indenture, including, without limitation:

Appears in 1 contract

Samples: Investment Management Agreement (FS Energy & Power Fund)

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