Fund Agreement. The Fund Agreement shall remain unchanged except as is consistent with the provisions hereof.
Fund Agreement. The Limited Liability Company Agreement of the Fund, as such document may be amended from time to time. GS or Xxxxxxx Sachs. Xxxxxxx Xxxxx & Co. LLC, Xxxxxxx Sachs Asset Management, L.P., Xxxxxxx Xxxxx International, their respective present and future affiliates, and their respective partners, officers, directors, employees, associated persons and agents. Interestholder. An interestholder in the Fund.
Fund Agreement. Notwithstanding any other provision of this Agreement, the Partnership, and any General Partner on behalf of the Partnership, is hereby authorized to execute, deliver and perform its obligations under the Fund Agreement.
Fund Agreement. The Company and the shareholders party thereto shall have executed and delivered to Buyer the Fund Agreement.
Fund Agreement. At or prior to the CPI Merger Effective Time, Parent shall execute and deliver to CPI, with a copy thereof to the Company, the fund agreement contemplated by Section 7 of the Indemnification Agreement (the "Fund Agreement").
Fund Agreement. Borrower shall cause the Fund Agreement to remain in full force and effect in the form presented to Bank on the Effective Date, except for amendments that do not (a) adversely affect Borrower’s or General Partner’s right or ability (i) to make or enforce Capital Calls or reduce in any material manner the rights of Borrower to the Uncalled Committed Capital (including any material reduction in the amount thereof or any material change in the time or manner in which the Uncalled Committed capital is or may be payable), (ii) to receive Capital Contributions and other payments from the Partners, or (iii) to satisfy Borrower’s obligations under this Agreement, and (b) otherwise adversely affect the rights or remedies of Bank under the Loan Documents in any material respect. General Partner shall cause each of the Partners to make contributions to Borrower in accordance with the Fund Documents, shall enforce substantially all of the rights and obligations under the Fund Documents, including without limitation the right to request Capital Contributions, and shall not amend, waive or release any of such rights without Bank’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.
Fund Agreement. For Funds that are (1) limited partnerships, it is the certificate of formation or registration (or similar charter documents) and Limited Partnership Agreement (or similar governing document), (2) limited liability companies, it is the certificate of formation (or similar charter documents) and the LLC Operating Agreement (or similar governing document), (3) unit trusts, it is the deed or declaration of trust (or similar governing documents) and (4) companies or corporations, it is the Certificate, Articles or Memorandum of Incorporation or Association (or similar charter documents) and Bylaws; in each case, as such documents may be amended from time to time.
Fund Agreement. In consideration for the Manager, on behalf of the Trustee, accepting, on behalf of the Trust, this Subscription Agreement, the Subscriber (or Disclosed Principal, if applicable) shall be bound by all of the terms of, the Fund Agreement, as the same may be amended from time to time and the Subscriber hereby expressly ratifies and confirms, on its own behalf and on behalf of any Disclosed Principal, if applicable, the Fund Agreement and the power of attorney given to the Trustee in the Fund Agreement.
Fund Agreement. The Limited Liability Company Agreement of the Fund (or similar
Fund Agreement. The Shareholders of CPI shall have executed and delivered to Parent the Fund Agreement.
