Examples of Holdings LP Agreement in a sentence
It would have been easy for the Holdings LP Agreement to provide for the disclosure of all material information.
Ch. June 12, 2014) (noting that because the LP Agreement eliminated all fiduciary duties, “the fiduciary duty precedents do not control,” including the duty of disclosure); Lonergan, 5 A.3d at 1024 (“[T]he Holdings LP Agreement eliminates all fiduciary duties, which therefore cannot support a disclosure obligation.”).
Accordingly, each Holder acknowledges and agrees that, if such Holder is entitled to indemnification under the A&R Blue Owl Carry LP Agreement and the A&R Blue Owl Holdings LP Agreement, such indemnification obligations of Blue Owl Carry and Blue Owl Holdings are senior and prior to the obligations of PubCo hereunder.
This letter agreement, together with the Holdings L.P. Agreement constitutes the entire agreement between the Company and you, and supersedes any prior communications, agreements and understandings, written or oral, with respect to your employment and compensation and all matters pertaining thereto.
In accepting this offer, you represent that you have not relied on any agreement or representation, oral or written, express or implied, that is not set forth expressly in this letter agreement or the Holdings L.P. Agreement.
Norcraft Holdings, L.P., Agreement of Limited Partnership, dated September 30, 2003.
No Class D Unit or any interest or participation therein may be transferred other than in accordance with the Holdings L.P. Agreement.
It instead would claim that a contractual provision of the Holdings LP Agreement was violated.
To the contrary, because the LP Act specifically authorizes the elimination of fiduciary duties, this Court must act with “caution and restraint” and decline to use the implied covenant as a basis for “ignoring the clear language” of Section 1101(d) and the Holdings LP Agreement.
In connection with your receipt of Class D Units, you will agree to become a party to the Amended and Restated Agreement of Limited Partnership of Holdings, dated as of October 21, 2003 (as such may be further amended from time to time, the “Holdings L.P. Agreement”), and accordingly, shall be subject to all of the obligations, and entitled to all of the benefits of a Management Limited Partner (as defined in the Holdings L.P. Agreement) thereunder with respect to such Class D Units.