EC Members definition

EC Members means (a) Crestline Management, L.P., (b) Pertento Partners LLP, (c) Esopus Creek Value Series Fund LP – Series “A,” and any other members of the EC that may serve from time to time.
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EC Members means (a) Crestline Management, L.P., (b) Pertento Partners LLP,
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EC Members means members of the Executive Committee.
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Examples of EC Members in a sentence

  • Bearing this conclusion in mind, the article focuses on the real problem of responsibility of the EC and the EC Members, especially on the question of attribution of the failures of treaty performance of EC Members to the EC and vice versa.

  • However, avoiding such a situation was the very reason for their joint Membership in the first place! Consequently, the EC is obliged by internal rules not to invoke Article 27 in con- nection with Article 46 as an excuse for wrongful acts of the EC Members, and in fact has never done so.

  • Hence, EC competence rules can be regarded as ‘provi- sions of internal law’ of the EC Members in the sense of Art.

  • States are the original subjects of international law and undoubted bearers of unlimited legal personality.70 Hence, there is no doubt that under interna- tional law the EC Members were able to become full Members of the WTO.71 Whether they are obliged to refrain from doing so by national rules is, of course, another ques- tion.

  • As mentioned before, the responsibility of the EC does not necessarily rule out the simultaneous responsibility of the EC Members.

  • Conse- quently, the organ’s act must be attributed to both the EC and its Members simultane- ously.78 EC Members are consequently (at least to a certain degree) responsible for all acts of their respective organs which violate the WTO.

  • One case in which this problem actually arose was the LAN case.88 In that case, the US held both the EC and the EC Members Ireland and the UK responsible for an alleged breach of tariff concessions under Article II of GATT 1994.

  • With regard to the responsibility of the EC Members, again the question is whether they are each bound by the whole WTO Agreement.

  • The best one can get are Articles XI and XIV(1) of the Marrakesh Agreement, which permit all Members of GATT 1949 – which includes the then twelve EC Members and the EC itself – to become ‘original Members of the WTO’, but remain silent as to any kind of partition of membership between the EC and its Members.9 It is thus not clear from the Treaty at first glance whether the EC or the EC Members are bound by a provision.

  • Whether the EC is also responsible in cases where those organs fulfil obligations of EC Members is another question.


More Definitions of EC Members

EC Members means each Person identified as of the Effective Date as an EC Member in Section 7.02(a) or Section 7.02(b). EC Members need not be Members of the Company or residents of the State of Florida.
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Related to EC Members

  • Class B Members means any Persons to whom Class B Membership Units are issued, and any assignee or transferee of such Persons permitted under the terms of this Agreement, and any other Person admitted to the Company in the future as a Class B Member pursuant to the terms hereof. The names of the Class B Members, and the Percentage Interests allocated to each such Class B Member, shall be reflected in the books and records of the Company.

  • Members means all such Persons.

  • Unitholders means the holders of Units.

  • Committee Members means persons formally appointed by the Board to sit on or to chair specific committees.

  • Members’ Percentage Interests means the ownership percentage interests as mentioned in Section I of this Agreement. During each fiscal year, the net profits and net losses of the Company (other than from capital transactions), and each item of income, gain, loss, deduction, or credit entering into the computation thereof, shall be credited or charged, as the case may be, to the capital accounts of each Member(s) in proportion to the Members' Percentage Interests. The net profits of the Company from capital transactions shall be allocated in the following order of priority: (a) to offset any negative balance in the capital accounts of the Member(s) in proportion to the amounts of the negative balance in their respective capital accounts, until all negative balances in the capital accounts have been eliminated; then (b) to the Member(s) in proportion to the Members’ Percentage Interests. The net losses of the Company from capital transactions shall be allocated in the following order of priority: (a) to the extent that the balance in the capital accounts of any Member(s) are in excess of their original contributions, to such Member(s) in proportion to the excess balances until all such excess balances have been reduced to zero; then (b) to the Member(s) in proportion to the Members’ Percentage Interests. The cash receipts of the Company shall be applied in the following order of priority: (a) to the payment of interest or amortization on any mortgages on the assets of the Company, amounts due on debts and liabilities of the Company other than those due to any Member(s), costs of the construction of the improvements to the assets of the Company and operating expenses of the Company; (b) to the payment of interest and establishment of cash reserves determined by the Member(s) to be necessary or appropriate, including without limitation, reserves for the operation of the Company’s business, construction, repairs, replacements, taxes and contingencies; and (d) to the repayment of any loans made to the Company by any Member(s). Thereafter, the cash receipts of the Company shall be distributed among the Member(s) as hereafter provided. Except as otherwise provided in this Agreement or otherwise required by law, distributions of cash receipts of the Company, other than from capital transactions, shall be allocated among the Member(s) in proportion to the Members’ Percentage Interests. Except as otherwise provided in this Agreement or otherwise required by law, distributions of cash receipts from capital transactions shall be allocated in the following order of priority: (a) to the Member(s) in proportion to their respective capital accounts until each Member(s) has received cash distributions equal to any positive balance in their capital account; then (b) to the Member(s) in proportion to the Members' Percentage Interests. It is the intention of the Member(s) that the allocations under this Agreement shall be deemed to have “substantial economic effect” within the meaning of Section 704 of the Internal Revenue Code and Treas. Reg. Section 1.704-1. Should the provisions of this Agreement be inconsistent with or in conflict with Section 704 of the Code or the Regulations thereunder, then Section 704 of the Code and the Regulations shall be deemed to override the contrary provisions thereof. If Section 704 of the Regulations at any time require that limited liability company operating agreements contain provisions which are not expressly set forth herein, such provisions shall be incorporated into this Agreement by reference and shall be deemed a part of this Agreement to the same extent as though they had been expressly set forth herein.

  • Class A Member means a Member holding one or more Class A Ordinary Shares.

  • Percentage Interests shall have the meaning specified in the Trust Agreement.