Governing Agreement definition

Governing Agreement means any agreement, contract, instrument or document of any kind, excluding this Agreement, between you and one or more XX Xxxxxx Entities as to which, in each case, you have any Obligation or hold any rights against any XX Xxxxxx Entity, that is executed before, on, or after the date of this Agreement.

Governing Agreement means with respect to any Purchased Asset, the pooling and servicing agreement, indenture or similar agreement.

Governing Agreement means (a) with respect to Initial Borrower, the Initial Borrower Operating Agreement, and (b) with respect to any other Borrower, the partnership agreement or operating agreement, as applicable of such Borrower, including, without limitation, any applicable Side Letters, as it may be further amended, restated or supplemented from time to time. References to the Governing Agreement, unless otherwise specified, will be deemed to be references to the Governing Agreement of Initial Borrower, but will refer, as applicable, to the equivalent provisions of the Governing Agreement of any other applicable Person.

Examples of Governing Agreement in a sentence

• Each consent or approval required under any Governing Agreement, contract or agreement of any Contributed Entity, or among the partners, members or stockholders of any Contributed Entity, relating to indebtedness or otherwise, necessary for the execution, delivery and performance of this Agreement and the contribution, acquisition and transfer of the Contributed Interests has been obtained or will be obtained on or before the Closing Date.

• Contributor and the Operating Partnership acknowledge and agree that, from and after the Closing, Contributor shall no longer be a member, partner, stockholder or equity owner, or, if applicable, managing member or general partner, of any Contributed Entity and shall have no rights or benefits under any Governing Agreement.

• Contributor has delivered to the Operating Partnership and its counsel a complete and accurate copy of each Governing Agreement of each Contributed Entity, and each Governing Document is in force and effect as of the date hereof and has not been further modified or amended.

• For the avoidance of doubt, each XX Xxxxxx Entity that is a party to a Governing Agreement may exercise any rights thereunder separately from the exercise of any rights under this Agreement.

• The rights and remedies granted herein to each party are in addition to any other rights and remedies which arise under any Governing Agreement.

More Definitions of Governing Agreement

Governing Agreement or “Governing Agreements” shall refer to, depending on Borrower’s form of organization, (i) Borrower’s bylaws, operating agreement, partnership agreement, or like document, in each case, together with any and all other voting agreements or other documents evidencing any agreement between the holders of the ownership interests of Borrower and Borrower’s interests therein, and any amendments or modifications to any of the foregoing, and (ii) Borrower’s charter, articles of organization, certificate of limited partnership, statement of partnership authority, or like document evidencing the formation and/or the holders of the ownership interests of Borrower, and any amendments or modifications to any of the foregoing, all in accordance with the terms of this Assignment.

Governing Agreement means the agreement or agreements which govern the issuance and the payment of the Securities including without limitation a private placement memorandum or a prospectus.

Governing Agreement means the master terms and conditions which govern this Schedule.

Governing Agreement means any agreement, excluding this Agreement, between you and one or more JP Morgan Entities with respect to a particular Activity or any Electronic and/or Extra Service that is executed before, on, or after the date of this Agreement.

Governing Agreement means any trust, will, contract, resolution, agreement and other written documentation pursuant to which any Trust Account has been established and/or are governed, including any amendments thereto.

Governing Agreement means the general terms and conditions which govern this Schedule.

Governing Agreement means (a) with respect to Initial Borrower, the Initial Borrower LLCA and (b) with respect to any other Fund, the partnership agreement, exempted limited partnership agreement, memorandum and articles of association or operating agreement, as applicable of such Fund; including, without limitation, any applicable Side Letters, in each case as the same may be further amended, restated or supplemented from time to time.