Leveraged Transactions Clause Samples

The Leveraged Transactions clause defines how transactions involving borrowed funds or significant leverage are treated under the agreement. It typically outlines specific requirements, restrictions, or disclosures that apply when a party enters into deals where debt is used to finance the purchase of assets or investments. For example, it may require the party to notify the other side before engaging in a leveraged buyout or to maintain certain financial ratios. The core function of this clause is to manage and mitigate the increased risk associated with leveraged activities, ensuring that all parties are aware of and can address the potential impact on financial stability or creditworthiness.
Leveraged Transactions. (a) ATA and GECC agree to enter into a leveraged lease financing transaction, on and subject to the terms and conditions described herein (a "Leveraged Transaction"), with respect to each of the (Confidential Material Omitted) Aircraft identified on Exhibit A (the "Firm Aircraft"). (b) (Confidential Material Omitted). (c) Each of the Firm Aircraft. (Confidential Material Omitted) is referred to herein as a "Leveraged Aircraft".
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Leveraged Transactions. Margin borrowing, short sale transactions
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Leveraged Transactions. In order to avoid the creation of “senior securities” First Affirmative requires that in short selling and similar investment techniques a mutual fund must “cover” a “leveraged transaction.” Cash or liquid securities must be earmarked or segregated in a value equal to the value of the leveraged transaction or the fund must enter into an economically offsetting investment. Proper record-keeping and asset valuation will need to be reviewed daily in order to account for any increase or decrease in the value of the leveraged transaction. Scalping: Also known as the short squeeze involves the purchasing of the float and more of an outstanding security in order to force short interest holders to buy from the purchaser usually at a steep premium. This practice is prohibited by First Affirmative.
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Leveraged Transactions. In order to avoid the creation of “senior securities” First Affirmative requires that in short selling and similar investment techniques a mutual fund must “cover” a “leveraged transaction.” Cash or liquid securities must be earmarked or segregated in a value equal to the value of the leveraged transaction or the fund must enter into an economically offsetting investment. Proper record-keeping and asset valuation will need to be reviewed daily in order to account for any increase or decrease in the value of the leveraged transaction. Gifts and Benefits (Third-Party Benefit) A conflict of interest occurs when the personal interests of an employee interfere or could potentially interfere with their responsibilities to the firm, its clients or the Fund. The overriding principle is that employees should not accept inappropriate gifts, favors, entertainment, special accommodations, or other third party benefits of material value that could influence their decision-making or make them feel beholden to a person or firm. Similarly, employees should not offer gifts, favors, entertainment or other things of value that could be viewed as overly generous or aimed at influencing decision-making or making a client feel beholden to the firm or the employee. 1. The above conflict of interest could occur if a gift or any other third party benefit were accepted by an employee or a member of their family as defined by the reporting rules to include: Self, Partner/Spouse, Children, Parents and Siblings. 2. A gift or third party benefit can be in the form of cash, service, gift, merchandise, meal, event ticket, trip, lodging or outing. 3. For a gift or third party benefit to be considered material it must be over $100.00.
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Related to Leveraged Transactions

  • Excluded Transactions The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits plans or dividend reinvestment plans; or (iii) any registration statement relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

  • Related Transactions 10 4.9 Insurance.............................................................................10 4.10

  • Portfolio Transactions The Manager is authorized to select the brokers or dealers that will execute the purchases and sales of portfolio securities for the Portfolio and is directed to use its best efforts to obtain the best available prices and most favorable executions, except as prescribed herein. It is understood that the Manager will not be deemed to have acted unlawfully, or to have breached a fiduciary duty to the Fund or to the Portfolio, or be in breach of any obligation owing to the Fund or to the Portfolio under this Agreement, or otherwise, solely by reason of its having caused the Portfolio to pay a member of a securities exchange, a broker, or a dealer a commission for effecting a securities transaction for the Portfolio in excess of the amount of commission another member of an exchange, broker, or dealer would have charged if the Manager determines in good faith that the commission paid was reasonable in relation to the brokerage or research services provided by such member, broker, or dealer, viewed in terms of that particular transaction or the Manager’s overall responsibilities with respect to its accounts, including the Fund, as to which it exercises investment discretion. The Manager will promptly communicate to the officers and directors of the Fund such information relating to transactions for the Portfolio as they may reasonably request.

  • Aggregated Transactions On occasions when the Adviser deems the purchase or sale of a security to be in the best interest of a Fund as well as other clients of the Adviser, the Adviser may, to the extent permitted by applicable law and regulations, aggregate the order for securities to be sold or purchased. In such event, the Adviser will allocate securities or futures contracts so purchased or sold, as well as the expenses incurred in the transaction, in the manner the Adviser reasonably considers to be equitable and consistent with its fiduciary obligations to the Fund and to such other clients under the circumstances.

  • Permitted Transactions The Member is free to engage in any activity on its own or by the means of any entity. The Member’s fiduciary duty of loyalty, as it applies to outside business activities and opportunities, and the “corporate opportunity doctrine,” as such doctrine may be described under general corporation law, is hereby eliminated to the maximum extent allowed by the Act.