UCITS Sample Clauses

UCITS. The UCITS was approved by the FMA on 18 June 2012 and registered in the Liechtenstein public register on 18 June 2012. The Unit Trust Agreement was first approved by the FMA on 11 June 2012. The UCITS has been established in accordance with the laws of Liechtenstein for an indefinite period of time without any limitations as to its capital. The UCITS has the legal form of a collective trusteeship. A collective trusteeship is the formation of an identically structured trust in terms of content with a number of investors for the purpose of asset investment and management for the account of investors, whereby the individual investors participate on the basis of their share in the trust and are, subject to violations of the Unit Trust Agreement, only personally liable up to the amount invested. The UCITS is structured as an umbrella fund that may comprise one or several Sub-Funds, which allocate invested capital in accordance with their respective investment policies set out in Annex A. Each of the Sub-Funds comprises one or more Classes to which different terms may apply, as set out in Annex A. By purchasing Units, a Unitholder accepts and agrees, without restrictions, to the provisions of the UCITS Documentation (including Sub-Fund-specific information in Annex A).
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UCITS. The UCITS was approved by the FMA on 10 October 2006 and registered in the Liechtenstein commercial register on 17 October 2006. The UCITS has been established in accordance with the laws of Liechtenstein for an indefinite period of time without any limitations as to its capital. The UCITS has the legal form of a collective trusteeship. A collective trusteeship is the formation of an identically structured trust in terms of content with a number of investors for the purpose of asset investment and management for the account of investors, whereby the individual investors participate on the basis of their share in the trust and are, subject to violations of the Unit Trust Agreement, only personally liable up to the amount invested. The UCITS is structured as an umbrella fund that may comprise one or several Sub-Funds, which allocate invested capital in accordance with their respective investment policies set out in Annex A. Each of the Sub-Funds comprises one or more Classes to which different terms may apply, as set out in Annex A. By purchasing Units, a Unitholder accepts and agrees, without restrictions, to the provisions of the UCITS Documentation (including Sub-Fund-specific information in Annex A).
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UCITS. With regard to UCITS, since these are not traded on the stock exchange, none of the above provisions are applicable to them. In fact, subscription and redemption orders shall be transmitted to the management company, whether or not the UCITS are listed on a regulated market. The Holder does not therefore have the possibility of choosing the intermediary or the desired place of execution.
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UCITS. A fund issuing unit share certificates which can be redeemed at the request of their owners. The fund has been approved by the Financial Supervisory Authority and authorised for marketing in the European Economic Area.
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UCITS. The Company shall use its reasonable best efforts to obtain, as promptly as practicable following the later of (x) the date of this Agreement and (y) the launch of any UCITS, any approvals in respect of a UCITS for the continuation of its Management Contract in connection with the transactions contemplated hereby if and to the extent required by the terms of such Management Contract and/or applicable Law. The parties hereto agree that a UCITS shall be deemed to have consented for all purposes under this Agreement to the transactions contemplated hereby and the continued management of such UCITS by the Company or the applicable Subsidiary following the Closing if continued management of such UCITS by such person following the Closing has been approved in accordance with the immediately preceding sentence.
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UCITS. The Company shall, and shall cause each Company Advisor to, as soon as reasonably practicable following the date hereof, if required by Applicable Law or such Company Client’s Advisory Agreement, use its reasonable best efforts to obtain any approvals in respect of a Sponsored UCITS for the continuation of its Advisory Agreement in connection with the Transactions on its current terms. The Parties agree that a Sponsored UCITS shall be deemed to have consented for all purposes under this Agreement to the Transactions and the continued management of such UCITS by the applicable Acquired Company following the Closing if continued management of such Sponsored UCITS by the applicable Acquired Company following the Closing has been approved in accordance with the immediately preceding sentence.
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UCITS. Seller shall cause the Company Group to use its commercially reasonable efforts to obtain, as promptly as practicable following the date of this Agreement, the approval of the Financial Regulator of Ireland to the continued management of each Public Fund that is a UCIT by the RIA following the Closing. The parties hereto agree that each such Public Fund shall be deemed to have consented for all purposes under this Agreement to the transactions contemplated hereby and the continued management of such Public Fund by the RIA following the Closing if continued management of such Public Fund by the RIA following the Closing has been approved in accordance with the immediately preceding sentence, unless at any time prior to the Closing such Public Fund notifies the RIA in writing that such Public Fund has terminated its Advisory Agreement prior to or following the Closing (and such notice is not withdrawn).
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UCITS. Since the Global Financial Crisis, international work in relation to shadow banking, coordinated by the Financial Stability Board, identified certain areas of investment funds that required closer scrutiny.360 In particular, “the money-market fund reform… has drawn the UCITS sector into the shadow banking reform agenda”.361 UCITS and their use of collateral transactions was flagged as potentially problematic due to raised concerns in relation to hidden leverage, runs and therefore systemic risk.362 UCITS is a European harmonised regulated fund product that can be sold on a cross-border basis within the European Economic Area based on its authorisation in one EU Member State.363 This means that funds authorised in one EU Member State can be marketed in another EU Member State via a passport mechanism.364 Underpinning UCITS is a comprehensive legal frame- work for the regulation of harmonised investment funds within the EU. Origin- ally introduced in 1985, the UCITS rules have been revised several times, most 358 Managed Funds Association, “MFA Comments on Second FSB/IOSCO Consultation Document – Methodologies for Identifying Non-Bank Non-Insurer Globally Systemically Important Financial Institutions” (29 May, 2015) 1 at 7, available at: xxxxx://xxx.xxxxx.xxx/ library/pubdocs/479/pdf/Managed%20Funds%20Association%20(MFA).pdf. 359 President’s Working Group, Hedge Funds, leverage and Lessons of Long-Term Capital Manage- ment (1999), available at: xxxxx://xxx.xxxxxxxx.xxx/press-center/press-releases/Pages/ report3097.aspx. See also, X X Xxxxxx, The Global Financial Crisis: From US subprime mortgages to European sovereign debt (2016) 210; X Xxxxxx, Booms and Busts: An Encyclopedia of Economic History from the First Shock (2015) 72 – 74. 360 European Commission, “Consultation Document: Undertaking for Collective Investment in Transferable Securities” (26 July 2012) 1 at 2, available at: xxxxx://xx.xxxxxx.xx/finance/ consultations/2012/ucits/docs/ucits_consultation_en.pdf. See also, Finance Watch, “Answer to the public consultation from the European Commission on UCITS” (18 October 2012), available at: xxxxx://xxx.xxxxxxx-xxxxx.xxx/wp-content/uploads/2018/08/121018_ Answer_to_EC_Consult_UCITS.pdf. 361 Xxxxxxx (n 350) 260. 362 European Commission, “Green Paper on Shadow Banking” (2012) COM/2012/0102final at paragraphs 4, 6.3 and 7.2, available at: xxxxx://xxx-xxx.xxxxxx.xx/legal-content/en/ALL/? uri=CELEX%3A52012DC0102. See also, European Commission (n 360) 1 at 2-...
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UCITS. Yet the host Member State also has a role to play in supervision and enforcement of UCITS. If the infringement falls within the scope of Articles 92 and 94 of UCITS, then it would be a host Member State issue.383 It is indeed necessary for host Member States to be responsible for certain forms of super- vision and enforcement given that the conduct of the regulated entity will likely affect the nationals of the host Member State. For example, host Member States may be able to supervise and enforce against a hosted UCITS in respect of issues dealing with dissemination of information such as the key investor information document, prospectuses and payments to unit holders upon redemption.384 An important aspect of the prospectus is to “inform investors of the collat- eral policy of the UCITS. This should include permitted types of collateral, level of collateral required and haircut policy”.385 As noted by ESMA, “any collateral received other than cash should be highly liquid and traded on a regulated market or multilateral trading facility with transparent pricing in order that it can be sold quickly”.386 Article 46 of the ESMA guidelines requires UCITS to have a clear haircut policy. The parameters that influence the haircut policy are decided per transaction and include factors such as counterparty risk, maturity of the security, its liquidity and potential volatility.387
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Related to UCITS

  • Portfolios The Target Portfolio and Acquiring Portfolio covenant and agree to dispose of certain assets prior to the Closing Date, but only if and to the extent necessary, so that at Closing, when the Assets are added to the Acquiring Portfolio’s portfolio, the resulting portfolio will meet the Acquiring Portfolio’s investment objective, policies and restrictions, as set forth in the Acquiring Portfolio’s Prospectus, a copy of which has been delivered to the Target Portfolio. Notwithstanding the foregoing, nothing herein will require the Target Portfolio to dispose of any portion of the Assets if, in the reasonable judgment of the Target Portfolio’s Directors or investment adviser, such disposition would create more than an insignificant risk that the Reorganization would not be treated as a “reorganization” described in Section 368(a) of the Code.

  • Diversification 6.1. The Fund will at all times invest money from the Contracts in such a manner as to ensure that the Contracts will be treated as variable contracts under the Code and the regulations issued thereunder. Without limiting the scope of the foregoing, the Fund will at all times comply with Section 817(h) of the Code and Treasury Regulation 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications to such Section or Regulations. In the event of a breach of this Article VI by the Fund, it will take all reasonable steps (a) to notify Company of such breach and (b) to adequately diversify the Fund so as to achieve compliance within the grace period afforded by Regulation 1.817-5.

  • Infrastructure (a) The Borrower has and will maintain a sufficient infrastructure to conduct its business as presently conducted and as contemplated to be conducted following its execution of this Agreement.

  • Additional Portfolios In the event that any Fund establishes one or more series of Shares in addition to those set forth on Appendix A hereto with respect to which it desires to have the Custodian render services as custodian under the terms hereof, it shall so notify the Custodian in writing, and if the Custodian agrees in writing to provide such services, such series of Shares shall become a Portfolio hereunder.

  • Investment Advisory and Management Services The Investment Adviser hereby appoints the Subadviser to serve as subadviser to the Fund and the Subadviser hereby accepts such appointment. Subject to the supervision of the Investment Adviser, Subadviser will regularly provide the Fund with investment advice and investment management services concerning the investments of the Fund. The Subadviser will determine what securities shall be purchased, held or sold by the Fund and what portion of the Funds assets shall be held uninvested in cash and cash equivalents, subject always to the provisions of the Trusts Declaration of Trust and By-laws and the 1940 Act, and to the investment objectives, policies and restrictions applicable to the Fund (including, without limitation, the requirements of Subchapters L and M of the Internal Revenue Code of 1986, as amended) (the Code), as each of the same shall be from time to time in effect or set forth in the Funds Prospectus and Statement of Additional Information, as well as any other investment guidelines or policies the Board of Trustees or the Investment Adviser may from time to time establish and deliver in writing to the Subadviser. To carry out such determinations the Subadviser will exercise full discretion, subject to the preceding paragraph, and act for the Fund in the same manner and with the same force and effect as the Trust might or could do with respect to purchases, sales or other transactions, as well as with respect to all other things necessary or incidental to the furtherance or conduct of such purchases, sales or other transactions. Notwithstanding the foregoing, the Subadviser shall, upon written instructions from the Investment Adviser, effect such portfolio transactions for the Fund as the Investment Adviser may from time to time direct. Such instructions will be given in reasonable circumstances, including, without limitation, any termination of this Agreement. The Subadviser will also make its officers and employees available to meet with the officers of the Investment Adviser and the Trusts officers and Trustees at least quarterly on due notice to review the investments and investment program of the Fund in the light of current and prospective economic and market conditions. From time to time as the Board of Trustees of the Trust or the Investment Adviser may reasonably request, the Subadviser will furnish to the Investment Adviser and Trusts officers and to each of its Trustees, at the Subadvisers expense, reports on portfolio transactions and reports on issues of securities held by the Fund, all in such detail as the Trust or the Investment Adviser may reasonably request. The Subadviser shall maintain all books and records required by Rule 31a-1 under the 1940 Act relating to its responsibilities provided hereunder with respect to the Fund, and shall preserve such records for the periods and in a manner prescribed by Rule 31a-2 under the 1940 Act. The Subadviser shall permit the Investment Adviser, the Funds officers and its independent public accountants to inspect and audit such records at reasonable times during normal business hours upon due notice. If any occasion should arise in which the Subadviser gives any advice to its clients concerning the shares of the Fund, the Subadviser will act solely as investment counsel for such clients and not in any way on behalf of the Fund. The Subadvisers services to the Fund pursuant to this Agreement are not to be deemed to be exclusive, and it is understood that the Subadviser may render investment advice, management and other services to others.

  • Vehicle Bodily Injury combined single limit vehicle bodily injury and property damage liability - $500,000 each occurrence. [END OF INSURANCE REQUIREMENTS] EXHIBIT D CONTRACTOR ASSURANCE OF COMPLIANCE WITH THE MENDOCINO COUNTY HEALTH & HUMAN SERVICES AGENCY NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS NAME OF CONTRACTOR: Ford Street Project HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of 1977, as amended and in particular section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government Code section 11135-11139.5, as amended; California Government Code section 12940 (c), (h) (1), (i), and (j); California Government Code section 4450; Title 22, California Code of Regulations section 98000 – 98413; Title 24 of the California Code of Regulations, Section 3105A(e); the Xxxxxxx-Xxxxxxxx Bilingual Services Act (California Government Code Section 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and state laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, sexual orientation, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE CONTRACTOR HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited. BY ACCEPTING THIS ASSURANCE, CONTRACTOR agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code section 10605, or Government Code section 11135-11139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance. THIS ASSURANCE is binding on CONTRACTOR directly or through contract, license, or other provider services, as long as it receives federal or state assistance. Date CONTRACTOR Signature 000 Xxxx Xxxxxx, Xxxxx, XX 00000 Address of CONTRACTOR Appendix A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, and OTHER RESPONSIBILITY MATTERS LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants’ responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).

  • Systems The details of any systems work will be determined after a thorough business analysis. System's work will be billed on a time and material basis. Investors Bank provides an allowance of 10 systems hours for data extract set up and reporting extract set up. Additional hours will be billed on a time and material basis.

  • Advisory and Management Arrangements Subject to the requirements of applicable law as in effect from time to time, the Trustees may in their discretion from time to time enter into advisory, administration or management contracts (including, in each case, one or more sub-advisory, sub-administration or sub-management contracts) whereby the other party to any such contract shall undertake to furnish such advisory, administrative and management services with respect to the Trust as the Trustees shall from time to time consider desirable and all upon such terms and conditions as the Trustees may in their discretion determine. Notwithstanding any provisions of this Declaration, the Trustees may authorize any advisor, administrator or manager (subject to such general or specific instructions as the Trustees may from time to time adopt) to exercise any of the powers of the Trustees, including to effect investment transactions with respect to the assets on behalf of the Trust to the full extent of the power of the Trustees to effect such transactions or may authorize any officer, employee or Trustee to effect such transactions pursuant to recommendations of any such advisor, administrator or manager (and all without further action by the Trustees). Any such investment transaction shall be deemed to have been authorized by all of the Trustees.

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