Common use of For Bank Holding Companies Clause in Contracts

For Bank Holding Companies. If you are a BHC Investor, you acknowledge, represent and warrant that you shall monitor your Interests (together with the Interests of any of your affiliates or other persons whose Interests are required to be aggregated with your Interests for purposes of determining “control” for purposes of the BHCA, including without limitation any vehicle “controlled” by you (for BHCA purposes) that invests in the Fund) so that such Interests do not exceed any applicable ownership thresholds that would cause the Fund, GS, you or any of your affiliates to be in violation of the BHCA. You hereby acknowledge that the Manager may, but is under no obligation to, take such actions as are necessary to ensure that the applicable threshold of equity ownership is not exceeded. You further acknowledge that as a result of your status as a BHC Investor, you may be further limited in exercising certain rights, such as voting rights, attached to your Interests.

For Bank Holding Companies. If you are a BHC Investor, you acknowledge, represent and warrant that you shall monitor your Interests Shares (together with the Interests Shares of any of your affiliates or other persons whose Interests Shares are required to be aggregated with your Interests Shares for purposes of determining “control” for purposes of the BHCA, including without limitation any vehicle “controlled” by you (for BHCA purposes) that invests in the FundCompany) so that such Interests Shares(s) do not exceed any applicable ownership thresholds that would cause the FundCompany, GS, you or any of your affiliates to be in violation of the BHCA. You hereby acknowledge that the Manager may, but is under no obligation to, take such actions as are necessary to ensure that the applicable threshold of equity ownership is not exceeded. You further acknowledge that as a result of your status as a BHC Investor, you may be further limited in exercising certain rights, such as voting rights, attached to your InterestsShares.

For Bank Holding Companies. If you are a BHC Investor, you acknowledge, represent and warrant that you shall monitor your Interests Fund Interest (together with the Interests Fund Interest of any of your affiliates or other persons whose Fund Interests are required to be aggregated with your Interests Fund Interest for purposes of determining “control” for purposes of the BHCA, including without limitation any vehicle “controlled” by you (for BHCA purposes) that invests in the Fund) so that such Interests Fund Interest(s) do not exceed any applicable ownership thresholds that would cause the Fund, the Manager, GS, you or any of your affiliates to be in violation of the BHCA. You hereby acknowledge that the Manager may, but is under no obligation to, take such actions as are necessary to ensure that the applicable threshold of equity ownership is not exceeded. You further acknowledge that as a result of your status as a BHC Investor, if applicable based upon the Fund Agreement, you may be further limited in exercising certain rights, such as voting rights, attached to your InterestsFund Interest.

For Bank Holding Companies. If you are a BHC Investor, you acknowledge, represent and warrant that you shall monitor your Interests Shares (together with the Interests Shares of any of your affiliates or other persons whose Interests Shares are required to be aggregated with your Interests Shares for purposes of determining “control” for purposes of the BHCA, including without limitation any vehicle “controlled” by you (for BHCA purposes) that invests in the Fund) so that such Interests Shares(s) do not exceed any applicable ownership thresholds that would cause the Fund, GS, you or any of your affiliates to be in violation of the BHCA. You hereby acknowledge that the Manager may, but is under no obligation to, take such actions as are necessary to ensure that the applicable threshold of equity ownership is not exceeded. You further acknowledge that as a result of your status as a BHC Investor, you may be further limited in exercising certain rights, such as voting rights, attached to your InterestsShares.