Description of Series Sample Clauses

Description of Series. Exhibit A attached hereto shall be updated from time to time as is necessary to reflect accurately the information contained therein, including, without limitation, the establishment of additional Series and the admission of additional Members to the Company associated with existing or additional Series. Any reference in this Agreement to Exhibit A attached hereto for each Series shall be deemed to be a reference to Exhibit A as amended and in effect from time to time.
Sample 1Sample 2Sample 3See All (4)
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Description of Series. This Bond is one of the duly authorized issue of the District’s Dock and Wharf Facility Revenue Bonds, Series 2016 (Jefferson Energy Companies Project) (the “Bonds”), aggregating in principal amount $144,200,000, authorized by a resolution adopted by the Board of Commissioners of the District on November 23, 2015 and February 22, 2016,all issued or to be issued under a Trust Indenture and Security Agreement, dated as of February 1, 2016 (the “Indenture”), between the District and The Bank of New York Mellon Trust Company, National Association (the “Trustee”), pursuant to and in full conformity with the Constitution and the statutes of the State. The Bonds are issued in order to provide funds for the District to finance Project Costs. Pursuant to the terms of the Indenture, the Trustee may appoint agents for the performance of certain duties under the Indenture, including the authentication, registration, transfer, exchange and payment of the Bonds. Reference is hereby made to the Indenture and the other Bond Documents (as such term is defined in the Indenture), copies of which are filed with the Trustee, for the full provisions thereof (including, among others, those with respect to the nature and extent of the rights, duties and obligations of the parties to the Bond Documents and the holders of the Bonds, the terms upon which the Bonds are issued and secured and the modification or amendment of the Bond Documents), to all of which the holders of the Bonds assent by the acceptance of the Bonds.
Sample 1See All (4)
Description of Series. There shall be a series of Securities designated "8.73% Series due January 31, 2013" (herein sometimes referred to as the "Second Series"), each of which shall also bear the descriptive title "First Mortgage Bond", and the form thereof, which shall be established in an Officer's Certificate as provided in the Indenture, shall contain suitable provisions with respect to the matters hereinafter in this Article specified. The aggregate principal amount of Securities of the Second Series which may be authenticated and delivered is limited to $45,000,000, except as provided in Sections 205 and 206 of the Indenture. Securities of the Second Series shall mature on January 31, 2013 and shall be issued as fully registered Securities in denominations of One Thousand Dollars and, at the option of the Company, in any integral multiple or multiples thereof (the exercise of such option to be evidenced by the execution and delivery thereof); they shall bear interest at the rate of 8.73% per annum, payable on July 31, 1994 for the period from December 31, 1993 to July 31, 1994 and semi-annually on January 31 and July 31 of each year thereafter until Maturity; the principal of, premium, if any, and interest on each said Security to be payable at the office or agency of the Company in Apopka, Florida, in such coin or currency of the United States of America as at the time of payment is legal tender for public and private debts. Securities of the Second Series shall be dated as in the Indenture provided. Interest on the Securities of the Second Series shall be computed on the actual number of days elapsed on the basis of a year consisting of 360 days. If the Company shall default in the payment of the principal of, or premium or interest on, any Security of the Second Series, then the Company shall pay to the Holder of such Security such overdue principal, premium or interest, together with interest on such overdue principal and (to the extent permitted by law) on such overdue premium or interest at the rate borne by such Security immediately prior to such default plus two per centum (2%) per annum. The Regular Record Date referred to in Section 207 of the Indenture for the payment of the interest on the Securities of the Second Series payable on any Interest Payment Date shall be the first Business Day next preceding such Interest Payment Date. The Company shall be exempt from filing the Cash Flow Certificate provided in section 301(d) of the Indenture with respect to the i...
Sample 1
Description of Series. 2021 NOTE. The Loan shall be evidenced by the Series 2021 Note. The Series 2021 Note shall be issued as a single note in fully registered form, without coupons; shall be dated as of the date of its delivery; shall be in the amount equal to $20,000,000; shall bear interest on the outstanding principal amount thereof at a fixed annual rate of 2.55% per annum, subject to adjustment as set forth on Exhibit A to the Form of Note attached hereto. Interest shall be calculated on a 30-day month and 360-day year basis, and shall be payable on April 1 and October 1 of each year, commencing April 1, 2021, and at maturity or upon earlier prepayment of the principal amount of the Series 2021 Note. Principal of the Series 2021 Note shall be payable as set forth on the amortization schedule attached to the Series 2021 Note, with the final maturity on [October 1, 2040] [December 1, 2040]. The Series 2021 Note may be prepaid in whole or in part prior to maturity on any payment date at the option of the City on or after June , 2026. With respect to any such prepayment prior to June , 2031, the City will pay a prepayment premium of 1% of the amount prepaid. Prepayments on or after June , 2031 shall be without prepayment premium. Written notice of such prepayment shall be delivered to the Lender at least thirty (30) days prior to the prepayment date. [The City may exercise its right to prepay the Series 2021 Note in part no more than once during any consecutive -month period and any such partial prepayment, (i) shall be in an amount of at least $ and not more than $ and (ii) unless otherwise agreed to by the City and the Lender in writing, shall be credited to principal installments payable on the Series 2021 Note [so as to result in substantially level annual debt service] [in inverse order of the principal installments due dates.]]
Sample 1
Description of Series. There shall be a series of Securities designated "8.01% Series due May 30, 2017" (herein sometimes referred to as the "Securities of the Fourth Series"), each of which shall also bear the descriptive title "First Mortgage Bond," shall contain suitable provisions with respect to the matters hereinafter in this Article specified and shall otherwise be in the form attached to this Third Supplemental Indenture as Exhibit A. The aggregate principal amount of Securities of the Fourth Series which may be authenticated and delivered under the Indenture is limited to Twenty-Eight Million Dollars ($28,000,000.00), except as provided in Sections 205 and 206 of the Original Indenture. Securities of the Fourth Series shall mature on May 30, 2017 and shall be issued as fully registered Securities in denominations of One Hundred Thousand Dollars and, at the option of the Company, in any integral multiple or multiples thereof (the exercise of such option to be evidenced by the execution and delivery thereof); they shall bear interest at the rate of 8.01% per annum, payable on November 30, 1997 for the period from and including the original date of issuance thereof to November 30, 1997, and semi-annually on May 30 and November 30 of each year thereafter until Maturity; the principal of, premium, if any, and interest on each said Security to be payable at the office or agency of the Company in Apopka, Florida, in such coin or currency of the United States of America as at the time of payment is legal tender for public and private debts. Securities of the Fourth Series shall be dated as in the Indenture provided. Interest on the Securities of the Fourth Series shall be computed on the basis of a 360-day year of twelve thirty-day months. If the Company shall default in the payment of the principal of, or premium or interest on, any Security of the Fourth Series, the Company shall pay to the Holder of such Security such overdue principal, premium or interest, together with interest on such overdue principal and (to the extent permitted by law) on such overdue premium or interest at that rate of interest that is the greater of (a) two percent (2%) per annum above the rate borne by such Security immediately prior to such default or (b) two percent (2%) over the rate of interest publicly announced by Morgan Guaranty Trust Company in New York, New York, as its "base" xx "xrime" rate. The Regular Record Date referred to in Section 207 of the Indenture for the payment of the interes...
Sample 1
Description of Series. JackieRobinson1952ToppsPSA8.5 Investment Overview
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Description of Series. LukaTiger9.5 Investment Overview · Upon completion of the SERIES #LukaTiger9.5 Offering, SERIES #LukaTiger9.5 will purchase a Luka Doncic 2018 Panini Prizm Tiger Stripe BGS 9.5 (The “Underlying Asset” with respect to SERIES #LukaTiger9.5, as applicable), the specifications of which are set forth below. Athlete(s) Overview: ● Leading a Dallas Mavericks team that might not be far away from owning the Western Conference for years to come, Luka Doncic is a basketball outlier, a point guard whose skill-set is so individualistic that it’s virtually impossible to find a direct NBA comp. ● In 2015, the then-16-year-old Slovenian native debuted with Real Madrid, holding his own against players twice his age. He won the Euro League MVP in 2018, and was named to their All-Decade team. ● Luka came into the NBA with huge expectations, which he somehow exceeded, winning the 2019 Rookie of the Year, and landing a spot on the 2000 Xxx-XXX Team alongside vets Giannis Antetokounmpo, LxXxxx Xxxxx, Axxxxxx Xxxxx, and Jxxxx Xxxxxx. ● San Antonio Spurs coach Gxxxx Xxxxxxxx compared Doncic to Mxxxx Xxxxxxx, saying, “He sees the floor that way.” Luka’s Mavericks coach Rxxx Xxxxxxxx went further, gushing, “He’s a savant type of guy” along the lines of Lxxxx Xxxx. ● Doncic’s nightly averages -- 24.7 points, 8.5 rebounds, 7.3 assists -- have fans believing he could join Oxxxx Xxxxxxxxx and Rxxxxxx Xxxxxxxxx as the rare player who averaged a season-long triple-double. Schedules to Eleventh Amendment to Limited Liability Company Agreement – Collectable Sports Assets, LLC – Page 95 of 107 Asset Description Overview and authentication: ● PWCC writes, “the all too important and highly prized Tiger Stripe rookie card of one of the NBA's most exciting young brands. In the realm of modern day investment pieces, the short print Tiger Stripe parallel holds a special lure among investors with its unique design and limited print run; stated to be around fifty.” ● This condition sensitive short print seems poised to only increase in value as Luka continues his dominance. Comes highly recommended by PWCC.” ● Graded 9.5 by BGS, this is one of 13 to have received that grade out of 41 total submissions with none graded higher. ● With THREE 9.5 subgrades and a 10 centering grade, this card is considered a “True Gem Plus”. ● Only TWO of the 13 9.5s qualify as “True Gem Plus”, with this card being the only one with a perfect 10 centering subgrade. Notable Features: · This insert is a “super short print...
Sample 1
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Description of Series. A PREFERRED SHARES; DIVIDENDS; PRICE RANGE OF THE SHARES........................................... 18
Sample 1
Description of Series. This Bond is one of the duly authorized issue of the District’s Dock and Wharf Facility Revenue Bonds, Series 2016 (Jefferson Energy Companies Project) (the “Bonds” or the “Initial Bonds”)), aggregating in principal amount to $144,200,000 authorized by resolutions adopted by the Board of Commissioners of the District on November 23, 2015 and February 22, 2016, all issued or to be issued under a Trust Indenture and Security Agreement, dated as of February 1, 2016 (the “Indenture”), between the District and The Bank of New York Mellon Trust Company, National Association (the “Trustee”), pursuant to and in full conformity with the Constitution and the statutes of the State. The Bonds are issued in order to provide funds for the District to (i) reimburse and pay Jefferson Railport Terminal II LLC, a Delaware limited liability company (the “Company”) for the construction and acquisition of certain facilities for the transport, loading, unloading and storage of petroleum products on behalf of the District; (ii) pay capitalized interest on a portion of the Series 2016 Bonds and (iii) pay certain costs of issuance of the Series 2016 Bonds (collectively, the “Project”). Pursuant to the terms of the Indenture, the Trustee may appoint agents for the performance of certain duties under the Indenture, including the authentication, registration, transfer, exchange and payment of the Bonds. Reference is hereby made to the Indenture and the other Bond Documents (as such term is defined in the Indenture), copies of which are filed with the Trustee, for the full provisions thereof (including, among others, those with respect to the nature and extent of the rights, duties and obligations of the parties to the Bond Documents and the holders of the Bonds, the terms upon which the Bonds are issued and secured and the modification or amendment of the Bond Documents), to all of which the holders of the Bonds assent by the acceptance of the Bonds.
Sample 1

Related to Description of Series

  • Designation of Series Pursuant to the terms hereof and Sections 201 and 301 of the Base Indenture, the Company hereby creates two series of Securities designated the “1.749% Guaranteed Notes due 2030” and the “2.772% Guaranteed Notes due 2050”, which Notes shall be deemed “Securities” for all purposes under the Base Indenture.

  • Elimination of Series At any time that there are no Shares outstanding of a Series (or class), the Trustees may abolish such Series (or class).

  • Description of Service 2.14.1.1 BellSouth shall make available to <<customer_name>> loop makeup (LMU) data for BellSouth's network facilities. This section addresses LMU as a preordering transaction, distinct from <<customer_name>> ordering any other service(s). Loop Makeup Service Inquiries (LMUSI) for preordering loop makeup are likewise unique from other preordering functions with associated service inquiries (SI) as described in this Agreement.

  • Description of Notes Closing Date August 18, 2015 Initial Note A-1-S1 Principal Balance $75,720,000.00 Initial Note A-1-S2 Principal Balance $75,720,000.00 Initial Note A-1-S3 Principal Balance $75,720,000.00 Initial Note A-2-S1 Principal Balance $33,127,500.00 Initial Note A-2-S2 Principal Balance $33,127,500.00 Initial Note A-2-S3 Principal Balance $33,127,500.00 Initial Note A-3-S1 Principal Balance $23,662,500.00 Initial Note A-3-S2 Principal Balance $23,662,500.00 Initial Note A-3-S3 Principal Balance $23,662,500.00 Initial Note A-1-C1 Principal Balance $70,000,000.00 Initial Note A-1-C2 Principal Balance $70,000,000.00 Initial Note A-1-C3 Principal Balance $69,600,000.00 Initial Note A-2-C1 Principal Balance $50,000,000.00 Initial Note A-2-C2 Principal Balance $41,700,000.00 Initial Note A-3-C1 Principal Balance $35,000,000.00 Initial Note A-3-C2 Principal Balance $30,500,000.00 Initial Note B-1-S Principal Balance $177,525,714.29 Initial Note B-2-S Principal Balance $77,667,500.00 Initial Note B-3-S Principal Balance $55,476,785.71 Approximate Initial Note A-1-S1 Percentage Interest 7.04% Approximate Initial Note A-1-S2 Percentage Interest 7.04% Approximate Initial Note A-1-S3 Percentage Interest 7.04% Approximate Initial Note A-2-S1 Percentage Interest 3.08% Approximate Initial Note A-2-S2 Percentage Interest 3.08% Approximate Initial Note A-2-S3 Percentage Interest 3.08% Approximate Initial Note A-3-S1 Percentage Interest 2.20% Approximate Initial Note A-3-S2 Percentage Interest 2.20% Approximate Initial Note A-3-S3 Percentage Interest 2.20% Approximate Initial Note A-1-C1 Percentage Interest 6.51% Approximate Initial Note A-1-C2 Percentage Interest 6.51% Co-Lender Agreement (11 Madison Avenue) Approximate Initial Note A-1-C3 Percentage Interest 6.47% Approximate Initial Note A-2-C1 Percentage Interest 4.65% Approximate Initial Note A-2-C2 Percentage Interest 3.88% Approximate Initial Note A-3-C1 Percentage Interest 3.26% Approximate Initial Note A-3-C2 Percentage Interest 2.84% Approximate Initial Note B-1-S1 Percentage Interest 16.51% Approximate Initial Note B-1-S2 Percentage Interest 7.22% Approximate Initial Note B-1-S3 Percentage Interest 5.16% Note A-1-S1 Interest Rate 3.5602% per annum Note A-1-S2 Interest Rate 3.5602% per annum Note A-1-S3 Interest Rate 3.5602% per annum Note A-2-S1 Interest Rate 3.5602% per annum Note A-2-S2 Interest Rate 3.5602% per annum Note A-2-S3 Interest Rate 3.5602% per annum Note A-3-S1 Interest Rate 3.5602% per annum Note A-3-S2 Interest Rate 3.5602% per annum Note A-3-S3 Interest Rate 3.5602% per annum Note A-1-C1 Interest Rate 3.5602% per annum Note A-1-C2 Interest Rate 3.5602% per annum Note A-1-C3 Interest Rate 3.5602% per annum Note A-2-C1 Interest Rate 3.5602% per annum Note A-2-C2 Interest Rate 3.5602% per annum Note A-3-C1 Interest Rate 3.5602% per annum Note A-3-C2 Interest Rate 3.5602% per annum Note B-1-S Interest Rate 3.5602% per annum Note B-2-S Interest Rate 3.5602% per annum Note B-3-S Interest Rate 3.5602% per annum Note A-1-S1 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-1-S1 Interest Rate Note A-1-S2 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-1-S2 Interest Rate Note A-1-S3 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-1-S3 Interest Rate Note A-2-S1 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-2-S1 Interest Rate Note A-2-S2 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-2-S2 Interest Rate Co-Lender Agreement (11 Madison Avenue) Note A-2-S3 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-2-S3 Interest Rate Note A-3-S1 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-3-S1 Interest Rate Note A-3-S2 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-3-S2 Interest Rate Note A-3-S3 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-3-S3 Interest Rate Note A-1-C1 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-1-C1 Interest Rate Note A-1-C2 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-1-C2 Interest Rate Note A-1-C3 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-1-C3 Interest Rate Note A-2-C1 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-2-C1 Interest Rate Note A-2-C2 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-2-C2 Interest Rate Note A-3-C1 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-3-C1 Interest Rate Note A-3-C2 Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note A-3-C2 Interest Rate Note B-1-S Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note B-1-S Interest Rate Note B-3-S Default Interest Rate the lesser of (i) the maximum legal rate and (ii) 3% above the Note B-3-S Interest Rate Co-Lender Agreement (11 Madison Avenue) EXHIBIT B NOTICES Note A-1 Holder: German American Capital Corporation 60 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attention: Rxxxxx X. Xxxxxxxxx, Xx. Facsimile No.: (000) 000-0000 Note A-2 Holder: Mxxxxx Sxxxxxx Bank, N.A. 1000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Sxxxxxx Xxxxxx with a copy to: Mxxxxx Sxxxxxx Bank, N.A. 1221 Avenue of the Americas Nxx Xxxx, Xxx Xxxx 00000 Attention: Legal Compliance Division Note A-3 Holder: Wxxxx Fargo Bank, National Association Wxxxx Fargo Center 1000 Xxxxxxxx Xxxxxx, 2nd Floor MAC A0227-020 Oxxxxxx, Xxxxxxxxxx 00000 Attention: Commercial Mortgage Servicing Facsimile No.: 800-000-0000 Note B-1 Holder: German American Capital Corporation 60 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attention: Rxxxxx X. Xxxxxxxxx, Xx. Facsimile No.: (000) 000-0000 Co-Lender Agreement (11 Mxxxxxx Xxxxxx) Note B-2 Holder: Mxxxxx Sxxxxxx Bank, N.A. 1000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Sxxxxxx Xxxxxx with a copy to: Mxxxxx Sxxxxxx Bank, N.A. 1221 Avenue of the Americas Nxx Xxxx, Xxx Xxxx 00000 Attention: Legal Compliance Division Note B-3 Holder: Wxxxx Fargo Bank, National Association Wxxxx Fargo Center 1000 Xxxxxxxx Xxxxxx, 2nd Floor MAC A0227-020 Oxxxxxx, Xxxxxxxxxx 00000 Attention: Commercial Mortgage Servicing Facsimile No.: 800-000-0000 In the case of each of the Note A-1 Holder, the Note A-2 Holder, the Note A-3 Holder, the Note B-1 Holder, the Note B-2 Holder and the Note B-3 Holder, with a copy to: Sidley Austin LLP 70 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Kxxxx Xxxxxx Facsimile Number: Co-Lender Agreement (11 Mxxxxxx Xxxxxx)

  • Combination of Series The Trustees shall have the authority, without the approval of the Shareholders of any Series unless otherwise required by applicable law, to combine the assets and liabilities held with respect to any two or more Series into assets and liabilities held with respect to a single Series.

  • Description of Securities The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through or to the Managers, each acting as an agent and/or principal, shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), having an aggregate sale price of up to $50,000,000 (such shares, the “Securities,” and such aggregate sale price, the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 1 regarding the number and aggregate sale price of the Securities issued and sold under this Agreement shall be the sole responsibility of the Company, and the Managers shall have no obligation in connection with such compliance. The issuance and sale of the Securities through the Managers will be effected pursuant to the Registration Statement (as defined below) that was filed by the Company and became effective automatically upon filing with the Securities and Exchange Commission (the “Commission”) pursuant to Rule 462(e) under the Securities Act of 1933, as amended, and the rules and regulations thereunder (collectively, the “Securities Act”), although nothing in this Agreement shall be construed as requiring the Company to use the Registration Statement to issue the Securities. The Company agrees that whenever it determines to sell Securities directly to any Manager as principal it will enter into a separate written agreement, in form and substance satisfactory to the Company and such Manager, containing the terms and conditions of such sale with such Manager. The Company has filed, in accordance with the provisions of the Securities Act, with the Commission a registration statement on Form S-3 (File No. 333-232962), including a base prospectus, relating to certain securities, including the Securities to be issued from time to time by the Company, and which incorporates by reference documents that the Company has filed or will file in accordance with the provisions of the Securities Exchange Act of 1934, as amended, and the rules and regulations thereunder (collectively, the “Exchange Act”). The Company has prepared a prospectus supplement specifically relating to the Securities (the “Prospectus Supplement”) to the base prospectus included as part of such registration statement. The Company will furnish to the Managers, for use by the Managers, copies of the base prospectus included as part of such registration statement, as supplemented by the Prospectus Supplement, relating to the Securities. The “Registration Statement,” as of any time, means such registration statement as amended by any post-effective amendments thereto at such time, including the exhibits and any schedules thereto at such time, the documents incorporated or deemed to be incorporated by reference therein at such time pursuant to Item 12 of Form S-3 under the Securities Act and the documents and information otherwise deemed to be a part thereof as of such time pursuant to Rule 430B of the Securities Act (“Rule 430B”); provided, however, that the “Registration Statement” without reference to a time means such registration statements as amended by any post-effective amendments thereto as of the time of the first contract of sale for the Securities, which time shall be considered the “new effective date” of the Registration Statement with respect to the Securities within the meaning of paragraph (f)(2) of Rule 430B, including the exhibits and schedules thereto at such time, the documents and information incorporated or deemed to be incorporated by reference therein at such time pursuant to Item 12 of Form S-3 under the Securities Act and the documents otherwise deemed to be a part thereof as of such time pursuant to Rule 430B. The base prospectus, including all documents incorporated therein by reference, included in the Registration Statement, as it may be supplemented by the Prospectus Supplement, in the form in which such prospectus and/or Prospectus Supplement have most recently been filed by the Company with the Commission pursuant to Rule 424(b) under the Securities Act is herein called the “Prospectus.” Any reference herein to the Registration Statement, the Prospectus or any amendment or supplement thereto shall be deemed to refer to and include the documents incorporated by reference therein, and any reference herein to the terms “amend,” “amendment” or “supplement” with respect to the Registration Statement or the Prospectus shall be deemed to refer to and include the filing after the execution hereof of any document with the Commission deemed to be incorporated by reference therein. For purposes of this Agreement, all references to the Registration Statement, the Prospectus or to any amendment or supplement thereto shall be deemed to include any copy filed with the Commission pursuant to EXXXX.

  • Establishment of Series Subject to the provisions of this Agreement, the Managing Member may, at any time and from time to time and in compliance with paragraph (c), cause the Company to establish in writing (each, a Series Designation) one or more series as such term is used under Section 18-215 of the Delaware Act (each a Series). The Series Designation shall relate solely to the Series established thereby and shall not be construed: (i) to affect the terms and conditions of any other Series, or (ii) to designate, fix or determine the rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests associated with any other Series, or the Members associated therewith. The terms and conditions for each Series established pursuant to this Section shall be as set forth in this Agreement and the Series Designation, as applicable, for the Series. Upon approval of any Series Designation by the Managing Member, such Series Designation shall be attached to this Agreement as an Exhibit until such time as none of such Interests of such Series remain Outstanding.

  • Description of Services (a) Services Provided on an Ongoing Basis, If Applicable.

  • Establishment and Designation of Series The establishment and designation of any Series or class of Shares shall be effective upon the resolution by a majority of the then Board of Trustees, adopting a resolution which sets forth such establishment and designation and the relative rights and preferences of such Series or class. Each such resolution shall be incorporated herein by reference upon adoption. Each Series shall be separate and distinct from any other Series and shall maintain separate and distinct records on the books of the Trust, and the assets and liabilities belonging to any such Series shall be held and accounted for separately from the assets and liabilities of the Trust or any other Series. Shares of each Series or class established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series, shall have the following relative rights and preferences:

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