The most important service an administrator should provide is the accurate and rapid deployment of NAV. How this is done depends on two factors; the service delivery team and technology. Typically, a fund administrator uses an account team approach to manage each client relationship. This creates not only a “one-stop shop”, but also the opportunity to build a relationship with team members. This team can grow with your business and develop a real understanding of your products. The solvent party may exercise its right of termination under this Section 11(d) at any time after the occurrence of any of the foregoing events, notwithstanding the fact that such event ceases to exist prior to such exercise, and any delay in exercising such right shall not be construed as a waiver or other expiration of such right. Any exercise by the solvent Party of the right of termination under this Section 11(d) shall not affect any other remedy or right available to the solvent Party and shall not be subject to any royalties or penalties, whether monetary or reasonable. Notwithstanding the provisions of Article 17 below, termination under this Section 11(d) shall be deemed given and effective when given, and not when received. For a private equity manager to be able to distribute funds, it must be able to hold them. Who can hold funds? You guessed it. Licensed custodian banks. The net asset value, which had to be independently calculated and reported by [the directors], was fundamental to the applicants` initial investment decisions, decisions to invest additional funds, and decisions to maintain investments over time.
The number of shares the plaintiffs received in exchange for their investment amounts depended on [the directors`] net asset value calculations. The plaintiffs` subsequently reported profits also revolved around [the administrators`] calculations. Consequently, the applicants necessarily relied on the calculations of [the directors`] net asset value. [5] (o) BNY Mellon will use commercially reasonable efforts to make changes to the manner in which services provided under this Agreement are provided and the systems associated with them in order to keep pace with current industry practices for its fund accounting clients in general. Subject to section 27 below, in the event that BNY Mellon proposes a change or expansion in the scope of services generally provided to its fund accounting clients, including a change to keep pace with prevailing market practices, BNY Mellon will submit in writing to a trust a commercially reasonable proposal setting out the terms and conditions necessary for such change or scope expansion. be valid. and BNY Mellon and a trust will negotiate in good faith with respect to such a change or increase. BNY Mellon has no obligation to provide a new service or an extension of the scope of services under this Agreement, unless the parties have agreed to the terms and conditions applicable to such new service or have increased the scope of such new service, which may include additional associated fees. NOW, taking into account the mutual commitments and agreements contained herein, the parties who intend to be legally bound hereto agree on the following: In order to meet the standards of a legal fund manager, there are several compliance, due diligence and structural requirements that must be met….