Treasury Function. 1. Coordinate, execute and give third party approval for all cash movements for investors contributions/withdrawals, manager investments contributions/withdrawals and payment of all fees and expenses for the fund.
Treasury Function. Service Description: Buyers and the Company Group will provide Seller and its Affiliates, subject to the specific direction and oversight of Seller and its Affiliates, with continued administration of cash management and treasury functions with respect to bank accounts of Seller and its Affiliates to the extent previously provided to Seller and its Affiliates prior to the Effective Date. Term of Service: Three months following the Effective Date unless terminated earlier by Seller.
Treasury Function. The Company acknowledges that the Depository shall have the sole and exclusive right to determine the manner in which the proceeds of the Purchase Price is held (e.g. in Bitcoin, fiat currency or otherwise) and to make all short term investment decisions regarding the Note.
Treasury Function. The Company acknowledges that the Depository shall have the sole and exclusive right to determine the manner in which the proceeds of the Purchase Price is held (e.g. in Bitcoin, fiat currency or otherwise) and to make all investment decisions regarding the Note, the proceeds of the Purchase Price and proceeds of any investment made, including whether to lend it to third parties or invest in other assets or in securities. The Company further acknowledges that the Depository, its affiliates and its subsidiaries shall not have any fiduciary duty or other responsibility to invest the proceeds of the Purchase Price or proceeds of any investment in cash or cash equivalents and may, in its sole and absolute discretion, invest in liquid and/or illiquid investments including in or through related parties of the Depository. Notwithstanding anything to the contrary herein, the Depository shall invest or direct the investment of such funds as provided above, but only to the extent that such investment would not cause either the Company or the Guarantor to be considered an “investment company” under Section 3(a) of the Investment Company Act of 1940, pursuant to then applicable interpretations of the SEC. All investments shall in all respects and in whatever form be considered to be “Collateral” pursuant to that certain Security Agreement and subject to the Guaranty Agreement entered into in connection with the Note Purchase Agreement.
Treasury Function. Either (i) the Administrator shall establish a depository bank account (or an account for the Practice with a financial services provider or clearinghouse) on behalf of the Practice and shall deposit into such account collected Aligner Services Fees generated from the Practice, or (ii) the Parties shall agree upon an identified account of the Practice into which such fees are deposited. As provided for in standing instructions issued by the Practice to the applicable bank, the Administrator may withdraw all monies daily from said bank account for processing, and to be used for payment of Practice’s expenses in connection with the Covered Services, including the Administration Fees described in Article 5 (collectively, the “Orthodontic Aligner Expenses”). Said processing shall consist of establishing and maintaining accounts for the Practice showing all fee collections and expense disbursements made by the Administrator at the Practice’s written request. The Administrator shall provide the Practice with financial statements for the Practice reflecting such processing, and, upon the request of the Practice (at Practice’s expense on terms to be agreed upon) reasonably cooperate with any audit pertaining to the Practice’s accounts. All decisions regarding the collection or collectability of accounts receivable, the establishment and maintenance of any bank account for the Practice, and control over the financial accounts of the Practice shall rest with Practice and the Administrator’s sole role and responsibility shall be to act as agent for the Practice with respect to such matters.
