Reallocation of Assets Clause Samples

The Reallocation of Assets clause defines the process by which assets are redistributed between parties under certain conditions specified in the agreement. Typically, this clause outlines the circumstances that trigger reallocation, such as a breach of contract, dissolution of a partnership, or achievement of specific milestones, and details the method for valuing and transferring the relevant assets. Its core practical function is to ensure a fair and orderly redistribution of assets, thereby minimizing disputes and providing clarity on asset ownership in changing circumstances.
Reallocation of Assets. The General Partner in its sole and absolute discretion may allocate assets away from or, with Advisor's consent to, Advisor as of the first day of any month on 10 days' prior written notice. Any refusal by Advisor to accept an allocation of additional assets must be communicated by Advisor to the General Partner within 8 days prior to the proposed allocation date after having received the required notice of the proposed allocation from the General Partner, or on such shorter notice as is acceptable to the General Partner. Notwithstanding the foregoing, the General Partner may reallocate assets away from Advisor at any time, if the purpose of the reallocation is to meet a margin call from the Partnership's clearing broker resulting from the trading activities of another commodity trading advisor engaged by the Partnership, but only to the extent that such other commodity trading advisor, whose trading has resulted in the margin call, has no Partnership assets not committed to Commodity Interest positions. The General Partner shall immediately notify Advisor and all other affected commodity trading advisors engaged by the Partnership of any reallocation.
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Reallocation of Assets. The Trading Manager may at any time and from time to time upon three Business Days’ prior notice reduce Assets allocated to the Trading Advisor (whether or not such Assets are allocated to any other trading advisor or advisors of the Trading Company ) or allocate additional Assets upon three Business Days’ prior notice to the Trading Advisor (whether or not such additional Assets are allocated away from such other trading advisor or advisors); provided that any such addition to or withdrawal from Assets allocated to the Trading Advisor will only take place on the last day of a month unless the Trading Manager determines that the best interests of the Trading Company require otherwise.
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Reallocation of Assets. The Borrower shall not reallocate any resources from the Project to any Separately Financed Facility (or from any Separately Financed Facility to the Project), unless such reallocation would be permitted if such reallocation were a transaction between the Borrower and an Affiliate of the Borrower.
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Reallocation of Assets. The General Partner in its sole and absolute discretion may allocate assets away from or, with Advisor’s consent to, Advisor as of the first day of any month on 10 days’ prior written notice. Any refusal by Advisor to accept an allocation of additional assets must be communicated by Advisor to the General Partner within 8 days prior to the proposed allocation date after having received the required notice of the proposed allocation from the General Partner, or on such shorter notice as is acceptable to the General Partner. Notwithstanding the foregoing, the General Partner may reallocate assets away from Advisor at any time, if the purpose of the reallocation is to meet a margin call from the Partnership’s and/or the Trading Company’s clearing broker resulting from the trading activities of another commodity trading advisor engaged by the Partnership and/or the Trading Company, but only to the extent that such other commodity trading advisor, whose trading has resulted in the margin call, has no Partnership and/or Trading Company assets not committed to Commodity Interest positions. The General Partner shall immediately notify Advisor and all other affected commodity trading advisors engaged by the Partnership and/or the Trading Company of any reallocation.
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Reallocation of Assets. The Manager in its sole and absolute discretion may allocate assets away from or, with Advisor’s consent to, Advisor as of the first day of any month on 10 days’ prior written notice. Any refusal by Advisor to accept an allocation of additional assets must be communicated by Advisor to the Manager within 8 days prior to the proposed allocation date after having received the required notice of the proposed allocation from the Manager, or on such shorter notice as is acceptable to the Manager. Notwithstanding the foregoing, the Manager may reallocate assets away from Advisor at any time, if the purpose of the reallocation is to meet a margin call from the Segregated Portfolio’s, but only to the extent that such other commodity trading advisor, whose trading has resulted in the margin call, has no Segregated Portfolio assets not committed to Commodity Interest positions. The Manager shall immediately notify Advisor and all other affected commodity trading advisors engaged by the Segregated Portfolio of any reallocation.
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Reallocation of Assets. Otherwise than as provided in Article III of the Umbrella Agreement, in the event that, subsequent to the Closing, any of the Parties hereto identifies any assets, rights or contractual arrangements, (except Excluded Assets), or at any time receives cash proceeds in respect of accounts receivable transferred pursuant to this JV Agreement, in either case which should, pursuant to the Alliance Agreements, have been but were not transferred (through inadvertence or otherwise) to the Europe JVC or the appropriate Goodyear JV Company or SRI JV Company, the Parties hereto shall cause such assets, rights or contractual arrangements or such cash proceeds to be transferred to such company as soon as possible at no charge and for no more than nominal consideration, on the same terms, and subject to the same conditions, as would have applied had such assets, rights or contractual arrangements or such cash proceeds been so transferred at Closing.
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Related to Reallocation of Assets

  • Contribution of Assets Subject to and upon the terms and conditions contained herein, on the Closing Date, Dentist shall convey, transfer, deliver and assign to Pentegra or any affiliate of Pentegra designated by Pentegra all of Dentist's right, title and interest in and to those certain assets described on EXHIBIT 1.1 attached hereto (individually, "Asset", and collectively "Assets"), free and clear of all obligations, security interests, claims, liens and encumbrances, except as specifically assumed, or taken subject to, by Pentegra pursuant to SECTION 1.3(b) hereof.

  • Distribution of Assets In case the Company shall declare or make any distribution of its assets (including cash) to holders of Common Stock as a partial liquidating dividend, by way of return of capital or otherwise, then, after the date of record for determining shareholders entitled to such distribution, but prior to the date of distribution, the holder of this Warrant shall be entitled upon exercise of this Warrant for the purchase of any or all of the shares of Common Stock subject hereto, to receive the amount of such assets which would have been payable to the holder had such holder been the holder of such shares of Common Stock on the record date for the determination of shareholders entitled to such distribution.

  • Location of Assets No Obligor carries on business, has an office or owns any properties or assets located, outside of the Permitted Jurisdictions.

  • VALUATION OF ASSETS For all purposes of this Agreement, including, without limitation, the determination of the Net Asset Value per Unit of each Class, the assets of this FuturesAccess Fund shall be valued according to the following principles: (a) The Net Assets of this FuturesAccess Fund are its assets less its liabilities determined in accordance with generally accepted accounting principles and as described below. Accrued Performance Fees (as described in the Disclosure Document) shall reduce Net Asset Value, even though such Performance Fees may never, in fact, be paid. (b) For the avoidance of doubt, the Sponsor shall, in general, apply the following principles in valuing this FuturesAccess Fund’s assets: (i) commodity interests and currency interests which are traded on a United States exchange shall be valued at their settlement on the date as of which the values are being determined; (ii) commodity interests and currency interests not traded on a United States exchange shall be valued based upon policies established by the Sponsor, generally based on prices as reported by any reliable source selected by the Sponsor, consistently applied for each variety of interest; (iii) swap agreements shall be valued in the good faith discretion of the Sponsor based on quotations received from dealers deemed appropriate by the Sponsor; (iv) bank and other interest-bearing accounts, Treasury bills and other short-term, interest-bearing instruments shall be valued at cost plus accrued interest; (v) securities which are traded on a national securities exchange shall be valued at their closing price on the date as of which their value is being determined on the national securities exchange on which such securities are principally traded or on a consolidated tape which includes such exchange, whichever shall be selected by the Sponsor, or, if there is no closing price on such date on such exchange or consolidated tape, at the prior day’s closing price; (vi) securities not traded on a national securities exchange but traded over-the-counter shall be valued based on prices as reported by any reliable source selected by the Sponsor; (vii) money-market funds shall be valued at their net asset value on the date as of which their value is being determined; (viii) if on the date as of which any valuation is being made, the exchange or market herein designated for the valuation of any given assets is not open for business, the basis for valuing such assets shall be such value as the Sponsor may deem fair and reasonable; Aspect FuturesAccess LLC

  • Acquisition of Assets In the event the Company or any Subsidiary acquires any assets or other properties, such assets or properties shall constitute a part of the Collateral (as defined in the Security Agreement) and the Company shall take all action necessary to perfect the Purchasers’ security interest in such assets or properties pursuant to the Security Agreement.