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Brother Maynard drafting: Difference between revisions
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:This Agreement, and all Transactions entered into hereunder, will be entered into by the Management Company, acting as manager in respect of each Sub-Fund in respect of a Portfolio (each, a “'''Sub-Portfolio Master Agreement'''”), and the Management Company acting as manager [[in respect of]] each Sub-Fund [[in respect of]] a Portfolio, [[severally and not jointly]], is a separate “'''[[Party B]]'''”, as more fully described in Section 1 below. | :This Agreement, and all Transactions entered into hereunder, will be entered into by the Management Company, acting as manager in respect of each Sub-Fund in respect of a Portfolio (each, a “'''Sub-Portfolio Master Agreement'''”), and the Management Company acting as manager [[in respect of]] each Sub-Fund [[in respect of]] a Portfolio, [[severally and not jointly]], is a separate “'''[[Party B]]'''”, as more fully described in Section 1 below. | ||
:This document will apply to the Transactions entered into between Party A and each Party B under each Sub-Portfolio Master Agreement as if the Management Company acting [[severally and not jointly]] in respect of such Sub-Fund [[in respect of]] a Portfolio had executed a separate Sub-Portfolio Master Agreement naming only itself as Party B, and that no other Fund listed in the Annex to the Agreement shall have any liability under this document for the obligations of any other Fund so listed. This document is produced in the form of a single physical document for convenience only. Each reference to a “''[[Master Agreement]]'''” and “'''[[Agreement]]'''” will be construed as a reference to each separate Sub-Portfolio Master Agreement between Party A and each Party B, and each Party B will separately be deemed to have entered into a Master Agreement with Party A on the terms set out herein. | :This document will apply to the Transactions entered into between Party A and each Party B under each Sub-Portfolio Master Agreement as if the Management Company acting [[severally and not jointly]] in respect of such Sub-Fund [[in respect of]] a Portfolio had executed a separate Sub-Portfolio Master Agreement naming only itself as Party B, and that no other Fund listed in the Annex to the Agreement shall have any liability under this document for the obligations of any other Fund so listed. This document is produced in the form of a single physical document for convenience only. Each reference to a “'''[[Master Agreement]]'''” and “'''[[Agreement]]'''” will be construed as a reference to each separate Sub-Portfolio Master Agreement between Party A and each Party B, and each Party B will separately be deemed to have entered into a Master Agreement with Party A on the terms set out herein. | ||
:Party A [[acknowledges and agrees]] that its recourse against Party B in respect of claims and liabilities arising from the [[relevant]] Sub-Portfolio Master Agreement is limited to the assets of the Sub-Fund party to that Sub-Portfolio Master Agreement and (as described below in Section 3 (Limited Recourse) to which the relevant claim[[(s)]] relate[[(s)]] and Party A shall have no [[recourse]] to any other assets of the Fund or any other Funds [[in respect of]] such relevant claim(s)'' | :Party A [[acknowledges and agrees]] that its recourse against Party B in respect of claims and liabilities arising from the [[relevant]] Sub-Portfolio Master Agreement is limited to the assets of the Sub-Fund party to that Sub-Portfolio Master Agreement and (as described below in Section 3 (Limited Recourse) to which the relevant claim[[(s)]] relate[[(s)]] and Party A shall have no [[recourse]] to any other assets of the Fund or any other Funds [[in respect of]] such relevant claim(s)'' | ||
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