Affiliated Persons. To the best knowledge of the Borrower, the Borrower, together with its respective Affiliates, is not an “Affiliated Person” (as defined in the 0000 Xxx) of the Administrative Agent or any Lender.
Affiliated Persons. It is understood that any Contract owner or agent of each Separate Account may be a Contract owner, shareholder, director, officer, employee, or agent of, or be otherwise interested in, the Distributor, any affiliated person of the Distributor, any organization in which the Distributor may have an interest or any organization which may have an interest in the Distributor; that the Distributor, any such affiliated person, or any such organization may have an interest in each Separate Account and that the existence of any such dual interest shall not affect the validity hereof or any transaction thereunder except as may otherwise be provided in the articles of organization or by-laws of the Distributor or by specific provisions of applicable law.
Affiliated Persons. (a) To the best knowledge of each Registrant, such Registrant, and if applicable each series thereof that is a Borrower, is not an “affiliated person” (as defined in the 1940 Act) of the Administrative Agent or any Lender, except with respect to (i) the Affected Borrowers’ relationship with each respective Bank-Advisor and (ii) the Referenced Borrowers’ (as defined below) relationship with certain BANA Entities (as defined below); provided, however, that for purposes of this Section 3.20, (A) the record ownership, without the power to vote, of five percent or more of the outstanding voting securities of any Person shall be deemed not to constitute the direct or indirect ownership of, control of, or holding with the power to vote of, such securities, and (B) securities of such Borrower held of record by the Administrative Agent or any Lender shall be deemed conclusively, absent written notice to the contrary, to be held without the power to vote such securities.
(b) Certain divisions or affiliates of Bank of America, N.A. (“BANA”), including U.S. Trust, the trust department of BANA (collectively, the “BANA Entities”) may hold record ownership of five percent or more of the outstanding voting securities of certain Borrowers (the “Referenced Borrowers”) in non-proprietary, trust or other fiduciary accounts (the “Fiduciary Accounts”) in the relevant BANA Entity’s capacity as a fiduciary for the respective principals or beneficiaries of the Fiduciary Accounts. Each Registrant acting on behalf of a Referenced Borrower that is a series thereof, on behalf of such Referenced Borrower hereby represents and warrants to the Administrative Agent and each Lender that (it being agreed that such Registrant represents and warrants only to matters with respect to itself, if applicable, and each Referenced Borrower that is a series thereof) neither the 1940 Act, including without limitation Section 17(a)(4) thereof, nor any rule or regulation promulgated thereunder, prohibits the making of any Loan by Bank of America, N.A. to such Referenced Borrower.
Affiliated Persons. Except as disclosed in the Registration Statement and the Prospectus (i) no person is serving or acting as an officer, director or investment adviser of the Company, except in accordance with the provisions of the 1940 Act and the Advisers Act, and (ii) to the knowledge of the Company, no director of the Company is an “interested person” (as defined in the 1000 Xxx) of the Company or an “affiliated person” (as defined in the 1000 Xxx) of the Agent.
Affiliated Persons. Except as disclosed in the Registration Statement, (i) no person is serving or acting as an officer or trustee of the Fund, except in accordance with the applicable provisions of the 1940 Act and the applicable published rules and regulations thereunder and (ii) to the knowledge of the Fund, no trustee of the Fund is an “affiliated person” (as defined in the 1000 Xxx) of the Dealer Manager.
Affiliated Persons. To the best knowledge of each Borrower, such Borrower is not an “affiliated person” (as defined in the 0000 Xxx) of the Administrative Agent or any Lender, except with respect to the Affected Borrowers’ relationship with each respective Bank-Advisor; provided, however, that for purposes of this Section 3.20, (i) the record ownership, without the power to vote, of five percent or more of the outstanding voting securities of any Person shall be deemed not to constitute the direct or indirect ownership of, control of, or holding with the power to vote of, such securities, and (ii) securities of such Borrower held of record by the Administrative Agent or any Lender shall be deemed conclusively, absent written notice to the contrary, to be held without the power to vote such securities.
Affiliated Persons. 23 3.21 Year 2000............................................................................... 24
Affiliated Persons. The following persons shall be considered to be ‘‘affiliated’’ or ‘‘affiliated persons’’:
(A) Members of a family, including broth- ers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descend- ants.
(B) Any officer or director of an organiza- tion and such organization.
Affiliated Persons. To the best of the Borrower's knowledge, the Borrower is not an "Affiliated Person" (as defined in the Investment Company Act) of the Operations Agent or any Bank.
Affiliated Persons. 28 Section 7.13. ERISA......................................................28 Section 7.14. Taxes......................................................28 Section 7.15. Good Title to Properties...................................28 Section 7.16. Subsidiaries...............................................28 Section 7.17. No Default.................................................28 Section 7.18. Year 2000 Compliance.......................................28 Section 7.19. Full Disclosure............................................29
