Carlyle Funds definition

Carlyle Funds means, collectively, any investment vehicle (whether open-ended or closed-ended) including, without limitation, an investment fund or company, a general or limited partnership, a trust, a company or other business entity organized in any jurisdiction (i) sponsored or promoted by any of the Carlyle Parties or their affiliates, (ii) for which any of the Carlyle Parties or their affiliates acts as a general partner or managing member (or in a similar capacity) or (iii) for which any of the Carlyle Parties or their affiliates acts as an investment adviser or investment manager.

Carlyle Funds means, individually or collectively, any investment fund, co-investment vehicles and/or other similar vehicles or accounts, in each case managed by an Affiliate of Carlyle Investment Management L.L.C., or any of their respective successors.

Carlyle Funds means, collectively, Carlyle Asia Venture Partners II, L.P. and CAVP II Co-Investment, L.P.

Examples of Carlyle Funds in a sentence

• To the knowledge of the Carlyle Parties, the offering, sale, issuance and distribution of securities by the Carlyle Funds have been made in compliance with the Securities Act and the securities laws of any state or foreign jurisdiction applicable with respect thereto, except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

• None of the Carlyle Entities, the Carlyle Funds or, to the knowledge of the Carlyle Parties, any of their respective directors, officers, agents, employees or affiliates is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury.

• None of the Carlyle Entities or any of the Carlyle Funds, nor, to the knowledge of any Carlyle Party, any director, officer, agent, employee or other person associated with or acting on behalf of any Carlyle Entity or any of the Carlyle Funds, has violated or is in violation of any provision of the Foreign Corrupt Practices Act of 1977.

• In the event that the Sellers' Representative becomes unable or unwilling to continue in his or her capacity as the Sellers' Representative under this Agreement, the Selling Shareholders (other than the Carlyle Funds) shall promptly appoint a successor Sellers' Representative by written notice to Buyer, and the appointment of such successor Sellers' Representative shall become effective only upon Buyer's receipt of such written notice.

• Illegal or Inappropriate Use: Using Franklin Academy computers for illegal, harassing, vandalizing, or inappropriate purposes, or in support of such activities is prohibited.

• The Selling Shareholders (other than the Carlyle Funds) shall be bound by all actions taken by the Sellers' Representative in his or her capacity as the Sellers' Representative.

• Accordingly, each of the Carlyle Funds, the Company and Focus Media consents to the issuance of an injunction, whether preliminary or permanent, consistent with the terms of this Agreement.

• None of the Carlyle Entities or any of the Carlyle Funds, nor, to the knowledge of any Carlyle Party, any director, officer, agent, employee or other person associated with or acting on behalf of the Carlyle Entities or any of the Carlyle Funds, has violated or is in violation of any provision of the Foreign Corrupt Practices Act of 1977, as amended.

• The obligation of the Seller Parties and the other Selling Shareholders to effect the Closing under this Agreement as specified below is subject to the satisfaction, at or prior to the Closing Date, of each of the following conditions, unless validly waived in writing by the Company and the Carlyle Funds.

• This Agreement shall survive the sale of the interest in the Company by either of the Carlyle Funds and shall continue to be fully binding on each of the Carlyle Funds and enforceable by Focus Media and the Company after any such sale, in accordance with its terms, until expiration or termination of Section 1 hereof.

More Definitions of Carlyle Funds

Carlyle Funds shall have the meaning specified in the preamble to this Agreement;

Carlyle Funds means a family of investment funds and accounts advised by Carlyle.

Carlyle Funds means Carlyle Partners V MC, L.P., a Delaware limited partnership, Carlyle MC Partners, L.P., a Delaware limited partnership, Carlyle Partners V-A MC, L.P., a Delaware limited partnership, CP V Coinvestment A, L.P., a Delaware limited partnership, and CP V Coinvestment B, L.P., a Delaware limited partnership.

Carlyle Funds. Any of Carlyle Partners V MC, L.P., a Delaware limited partnership, Carlyle MC Partners, L.P., a Delaware limited partnership, Carlyle Partners V-A MC, L.P., a Delaware limited partnership, CP V Coinvestment A, L.P., a Delaware limited partnership, and CP V Coinvestment B, L.P., a Delaware limited partnership. Cash Equivalents: (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year from the date of acquisition; (b) domestic and LIBOR certificates of deposit or bankers' acceptances, time deposits, eurodollar time deposits or overnight bank deposits having maturities of one year or less from the date of acquisition issued by any commercial bank organized under the laws of the United States or any state thereof having combined capital and surplus of not less than Two Hundred Fifty Million Dollars ($250,000,000); (c) commercial paper of an issuer rated at least A-2 by S&P or P-2 by Moody's, or carrying an equivalent rating by a nationally recognized rating agency if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within one year from the date of acquisition; (d) repurchase obligations of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than ninety (90) days with respect to securities issued or fully guaranteed or insured by the United States government; (e) securities with maturities of two (2) years or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territory or by any foreign government, the securities of which state, commonwealth, territory, political subdivision, taxing authority or foreign government (as the case may be) are rated at least A by S&P or A2 by Moody's; (f) securities with maturities of two years or less from the date of acquisition backed by standby letters of credit issued by any commercial bank satisfying the requirements of clause (b) of this definition; (g) preferred stock having a rating of "A" or higher from S&P or "AT' or higher from Moody's with maturities of twenty four (24) months or less from the date of acquisition; (h) money market funds that (i) purport to comply gen...

Carlyle Funds means, collectively, all Funds (excluding their portfolio companies and investments (and special purpose entities formed to acquire any such portfolio companies and investments)) (i) sponsored or promoted by any of the Subsidiaries; (ii) for which any of the Subsidiaries acts as a general partner or managing member (or in a similar capacity); or (iii) for which any of the Subsidiaries acts as an investment adviser or investment manager; and “Fund” means any collective investment vehicle (whether open-ended or closed-ended) including, without limitation, an investment company, a general or limited partnership, a trust, a company or other business entity organized in any jurisdiction that provides for management fees or “carried interest” (or other similar profits allocations) to be borne by investors therein.

Carlyle Funds has the meaning set forth in the Subscription Agreement.