Fund Property Clause Samples

The 'Fund Property' clause defines what assets, rights, or interests are considered to be part of a fund's property for legal and operational purposes. This typically includes cash, securities, investments, and any income or proceeds derived from them, as well as any other assets acquired by the fund. The clause clarifies ownership and control over these assets, ensuring that all parties understand what constitutes the fund's property and how it should be managed or accounted for. Its core function is to provide clear boundaries around the assets belonging to the fund, thereby preventing disputes and ensuring proper administration.
Fund Property. No property of the Fund shall be deemed to be owned by any Member individually but shall be owned by, and title shall be vested solely in, the Fund. The Units of the Members shall constitute personal property.
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Fund Property. 14.1 The aggregate proceeds of all Units issued from time to time after deducting Duties and Charges and after deducting there from or providing there out any applicable Front-end Load and adding thereto any redemption charges in the form of Back-end Load, shall constitute part of the Fund Property and includes the investment and all income, profit and other benefits arising there from and all cash, bank balances and other assets and property of every description for the time being held or deemed to be held upon trust by the Trustee for the benefit of the Unit Holder(s) pursuant to this Deed. 14.2 The Fund Property shall initially be constituted out of the proceeds of the Units issued to the Core Investors and other Units issued during the Initial Period after deducting any applicable Duties and Charges there from or any Front-end Load as provided in the Offering Document. 14.3 The Trustee shall take the Fund Property into its custody or under its control either directly or through the Custodian and hold it in trust for the benefit of the Holders ranking pari passu inter se, according to the number of Units held by each Holder(s) in accordance with the provisions of the Regulations and this Deed. The Fund Property shall always be kept as a separate property and shall not be applied to any purpose unconnected with the Scheme such as to make a loan or advance. All registerable Investment shall be registered in the name of the Trustee and shall remain so registered until disposed off or transferred to new trustee pursuant to the provisions of this Deed. All expenses incurred by Trustee in effecting such registration shall be payable out of the Fund Property. 14.4 Save, as herein expressly provided, the Fund Property shall always be kept as separate property free from any mortgages, charges, liens or any other encumbrances whatsoever and the Trustee or the Custodian shall not except as allowed under the Regulations create any mortgages, charges, liens or any other encumbrances whatsoever to secure any loan, guarantee, or any other obligation actual or contingent incurred, assumed or undertaken by the Trustee, the Custodian or any other person except for securing finances obtained from Banks or institutions upon the direction of the Management Company for redemption of Units and subject to the limitations contained in the Regulations. 14.5 The Trustee shall have the sole responsibility for the safe-keeping of the Fund Property in its own name for the benefit of...
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Fund Property. Donor hereby transfers irrevocably to the Community Foundation a gift of _____________________________________________________________________________. Subject to the right of the Community Foundation to reject any particular gift, the Community Foundation may receive additional irrevocable gifts of property acceptable to the Community Foundation from time to time from Donor, or from any other source, to be added to the Fund, all subject to the provisions hereof. All gifts, grants, bequests, and devises to this Fund shall be irrevocable once accepted by the Community Foundation.
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Fund Property. Only property transferred from the following sources shall be accepted for the Fund: a. A registered retirement savings plan under which you are the annuitant; b. Another registered retirement income fund under which you are the annuitant; c. From you, to the extent only that the amount of the consideration was an amount described in subsection 60(l)(v) of the Act; d. A registered retirement income fund or registered retirement savings plan of your spouse or former spouse transferred due to the breakdown of your marriage, as set out in subparagraph146.3(2)(f)(iv) of the Act; e. A registered pension plan of which you are a member (within the meaning assigned by subsection 147.1(1) of the Act); f. A registered pension plan in accordance with subsection 147.3(5) or (7) of the Act; g. A specified pension plan in circumstances to which subsection 146(21) of the Act applies; or h. Such other source as may be permitted under the Act from time to time, such transfers, together with any income therefrom, shall constitute a trust fund (the “Trust Fund”) to be used, invested and held subject to the terms of this Declaration of Trust.
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Fund Property. 6.1 From time to time the Issuer shall make Term Advances to the Fund pursuant to and in accordance with the terms of the Intercompany Loan Agreement. A Term Advance to the Fund shall not constitute an Equity Contribution to the Fund. 6.2 From time to time the Seller shall sell Loans and their Related Security to the Fund pursuant to the terms of the Mortgage Sale Agreement. An Equity Contribution in Kind may constitute the whole or a part of the consideration for the sale of such Loans and Related Security to the Fund, as set out in Clause 8 below.
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Fund Property. The Fund will consist of all property transferred to the Federation for deposit in the Fund, any capital appreciation thereon, and all net income derived from the investment of such property.
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Fund Property 
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Related to Fund Property

  • Satisfaction of Sinking Fund Payments with Securities The Company (i) may deliver Outstanding Securities of a series and (ii) may apply as a credit Securities of a series that have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, in each case in satisfaction of all or any part of any sinking fund payment with respect to the Securities of such series required to be made pursuant to the terms of such Securities as provided for by the terms of such series, provided that such Securities have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly.

  • Sinking Fund Provisions No sinking fund provisions.

  • Fund Personnel The Manager agrees to permit individuals who are officers or employees of the Manager to serve (if duly elected or appointed) as officers, directors, members of any committee of directors, members of any advisory board, or members of any other committee of the Corporation, without remuneration or other cost to the Fund or the Corporation.

  • Existence; Businesses and Properties (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and (to the extent the concept is applicable in such jurisdiction) good standing under the legal requirements of the jurisdiction of its formation, except as otherwise expressly permitted under Section 6.05, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (b) Qualify and remain qualified as a foreign entity in each jurisdiction in which qualification is necessary in view of its business and operations or the ownership of its properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (c) Do or cause to be done all things necessary to obtain, preserve, renew, extend, maintain and keep in full force and effect the rights, privileges, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; maintain and operate such business in substantially the manner in which it is presently conducted and operated; comply in all material respects with all applicable laws, rules, regulations, decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where the failure do so could not reasonably be expected to have a Material Adverse Effect; and at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

  • Refund Procedures Upon the withdrawal of this Agreement or residence application by the Resident, as detailed in section 8.02, the Residence may be entitled to a partial refund of Residence Fees, without interest, within eight (8) weeks of the Resident vacating the Residence or cancelling their residence application. The refund will be in the form of a cheque mailed to the Resident’s permanent address on file in the Resident’s name only. If a student requires a cheque to be reissued as a result of the resident not providing an updated address prior to vacating residence and/or cancelling their residence application, a charge of $50 may be applied. Refunds are issued based on the following: (a) Academic Year (and Fall only) Applications/Agreements (Detailed in Table 5) (i) If the Resident’s My Housing Portal cancellation request is received by the Residence Manager on or before June 15 (Deadline 1), whether the Resident has been accepted into Residence or not, the Resident will receive a full refund of any Residence Fees paid to date. (ii) If the Resident has been accepted into Residence and the Residence Manager receives the Resident’s My Housing Portal cancellation request after June 15 (Deadline 1) but on or before August 1 (Deadline 2), then the Resident will receive a full refund of any Residence Fees paid to date less a cancellation fee of $500 (iii) If the Resident is on the wait list and a space becomes available after June 15 (Deadline 1), the Resident will be offered a space in Residence and asked to confirm the status of the Resident’s Residence acceptance within 24 hours. After confirmation to the Residence, all regular cancellation policies and payment deadlines apply. (iv) If the Resident has been accepted into Residence and the Residence Manager receives the Resident’s My Housing Portal cancellation request after August 1 (Deadline 2), but on or before the first day of the Term (Deadline 3), then the Resident will be charged a late cancellation fee. The cancellation fee will be equivalent to 30 days of Residence Fees. Any Residence Fees paid will be refunded less any damages, charges or money owing to the Residence. (v) If the Residence Manager receives the Resident’s written cancellation request after the first day of the Term (Deadline 3) and on or before November 15 (Deadline 4), then the Resident will be charged for each day they occupy a Residence room plus a cancellation fee. The Resident must complete all Move-out Procedures detailed in section 3.02 before cancellation fees and refunds will be assessed and issued. The cancellation fee will be equivalent to 60 days of Residence Fees. The cancellation fee will not exceed the Agreement end date (“Move-Out Day”) or as Customized by the Manager section, detailed in Table 1. Any Residence Fees paid will be refunded less any damages, charges or money owing to the Residence. (vi) If the Residence Manager receives the Resident’s written cancellation request after November 15 (Deadline 5), then the Resident will be charged for each day they occupy a Residence room plus a cancellation fee. The Resident must complete all Move-out Procedures detailed in section 3.02 before cancellation fees and refunds will be assessed and issued. The cancellation fee will be equivalent to 90 days of Residence Fees. The cancellation fee will not exceed the Agreement end date (“Move-Out Day”) or as Customized by the Manager section, detailed in Table 1. Any Residence Fees paid will be refunded less any damages, charges or money owing to the Residence.