Denver Arena Trust Sample Clauses

Denver Arena Trust. (i) Ascent Arena Company is the sole certificate holder of the trust certificates of the Denver Arena Trust (the "Trust Certificates"), and there are no other outstanding trust certificates, and no outstanding subscriptions, options, warrants, puts, calls, rights, exchangeable or convertible securities or other commitments or agreements of any nature relating to the trust certificates of the Denver Arena Trust. Ascent Arena Company has the sole right to receive distributions with respect to the Residual Interest as defined in the Trust Agreement, subject only to the City Lien. (ii) The Trust Certificates are free and clear of all Liens, other than those created by this Agreement and the City Lien. The Trust Certificates were issued in compliance with the Trust Agreement and Applicable Law. (iii) The Denver Arena Trust is not a business trust within the meaning of Section 101(9)(A)(v) of the Bankruptcy Code. For federal, state and local income and franchise tax purposes, by virtue of there being a sole Trust Certificate holder, the Denver Arena Trust constitutes a security arrangement, with the assets being held by the trust, the owner of the trust assets being the sole Trust Certificate holder, and the Notes being non-recourse debt of the sole Trust Certificate holder. The Denver Arena Trust has not elected treatment as an association under Treasury Regulations Section 301.7701-3(a) for federal income tax purposes. The Denver Arena Trust shall be considered part of Ascent Arena Company for purposes of the definition of Partnership Entity. (iv) The Denver Arena Trust does not own, directly or indirectly, any equity or similar interest in, or any interest convertible or exchangeable or exercisable for any equity or similar interest in, any corporation, partnership, joint venture, limited liability company or other business association or entity. (v) Ascent Arena Company has not received any distributions of the Residual Interest or other amounts pursuant to the Trust Agreement.
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Denver Arena Trust. Ascent Arena Company has not received any distributions of the Residual Interest or other amounts pursuant to the Trust Agreement.
Denver Arena Trust. (1) Ascent Arena Company is the sole certificate holder of the trust certificates of the Denver Arena Trust (the "TRUST CERTIFICATES"), and there are no other outstanding trust certificates, and no outstanding subscriptions, options, warrants, puts, calls, rights, exchangeable or convertible securities or other commitments or agreements of any nature relating to the trust certificates of the Denver Arena Trust. Ascent Arena Company has the sole right to receive distributions with respect to the Residential Interest as defined in the Trust Agreement, subject only to the City Lien. (2) The Trust Certificates are free and clear of all Liens, other than those created by this Agreement and the City Lien. The Trust Certificates were issued in compliance with the Trust Agreement and Applicable Law. (3) The Denver Arena Trust is not a business trust within the meaning of Section 101(9)(A)(v) of the Bankruptcy Code. For federal, state and local income and franchise tax purposes, by virtue of there being a sole Certificateholder, the Denver Arena Trust constitutes a security arrangement, with the assets being held by the trust, the owner of the trust assets being the sole Certificateholder, and the Notes being non-recourse debt of the sole Certificateholder. The Denver Arena Trust has not elected treatment as an association under Treasury Regulations Section 301.7701-3(a) for federal income tax purposes. The Denver Arena Trust shall be considered part of Ascent Arena Company for purposes of the definition of Partnership Entity.
Denver Arena Trust. Ascent Arena Company has received certain distributions of the Residual Interest or other amounts pursuant to the Trust Agreement. Such distributions have been made in compliance with the Trust Agreement.

Related to Denver Arena Trust

  • Anti-Trust The MA Dual SNP hereby certifies to HHSC that neither the MA Dual SNP, nor the person represented by the MA Dual SNP, nor any person acting for the represented person, has been found by a judgment of a court of law to have violated the anti-trust laws codified by Chapter 15, Texas Business and Commerce Code, or the federal anti-trust laws.

  • Investment Management Trust Agreement The Company has entered into the Trust Agreement with respect to certain proceeds of the Offering and the Private Placement substantially in the form filed as an exhibit to the Registration Statement.

  • Massachusetts Business Trust With respect to any Fund which is a party to this Agreement and which is organized as a Massachusetts business trust, the term “Fund” means and refers to the trustees from time to time serving under the applicable trust agreement of such trust, as the same may be amended from time to time (the ‘Declaration of Trust”). It is expressly agreed that the obligations of any such Fund hereunder shall not be binding upon any of the trustees, shareholders, nominees, officers, agents or employees of the Fund personally, but bind only the trust property of the Fund as set forth in the applicable Declaration of Trust. In the case of each Fund which is a Massachusetts business trust (in each case, a “Trust”), the execution and delivery of this Agreement on behalf of the Trust has been authorized by the trustees, and signed by an authorized officer, of the Trust, in each case acting in such capacity and not individually, and neither such authorization by the trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.

  • Directors, Trustees and Shareholders and Massachusetts Business Trust It is understood and is expressly stipulated that neither the holders of shares in the Fund nor any Directors or Trustees of the Fund shall be personally liable hereunder. With respect to any Fund which is a party to this Agreement and which is organized as a Massachusetts business trust (“Trust”), the term “Fund” means and refers to the trust established by its applicable trust agreement (Declaration of Trust) as the same may be amended from time to time. It is expressly agreed that the obligations of any such Trust hereunder shall not be binding upon any of the trustees, shareholders, nominees, officers, agents or employees of the Trust, personally, but bind only the trust property of the Trust, as provided in the Declaration of Trust of the Trust. The execution and delivery of this Agreement has been authorized by the trustees and signed by an authorized officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.

  • Fifth Amended and Restated Limited Liability Company Operating Agreement Dated as of November 30, 2012

  • Agreement and Declaration of Trust These By-Laws shall be subject to the Agreement and Declaration of Trust, as from time to time in effect (the "Declaration of Trust"), of the above-captioned Massachusetts business trust established by the Declaration of Trust (the "Trust").

  • LANCASTER COUNTY, NEBRASKA Contract Approved as to Form:

  • Amended and Restated Agreement and Declaration of Trust A copy of the Amended and Restated Agreement and Declaration of Trust for the Trust is on file with the Secretary of the Commonwealth of Massachusetts. The Amended and Restated Agreement and Declaration of Trust has been executed on behalf of the Trust by Trustees of the Trust in their capacity as Trustees of the Trust and not individually. The obligations of this Agreement shall be binding upon the assets and property of the Trust and shall not be binding upon any Trustee, officer, or shareholder of the Trust individually.

  • CONFIDENTIALITY OF TRUST PORTFOLIO HOLDINGS The Subadviser agrees to treat Trust portfolio holdings as confidential information in accordance with the Trust’s “Policy Regarding Disclosure of Portfolio Holdings,” as such policy may be amended from time to time, and to prohibit its employees from trading on any such confidential information.

  • Real Estate Investment Trust Commencing with its taxable year ended December 31, 2009, the Company has been organized and operated in conformity with the requirements for qualification and taxation as a real estate investment trust (“REIT”) under the Code, and its proposed method of operation will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

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