Operating Affiliate definition
Examples of Operating Affiliate in a sentence
The Owner and any Operating Affiliate may deliver Purchase Orders to the Vendor at any time and from time to time during the Contract Term.
During the Predevelopment Phase, the Developer shall prepare refined versions of the Second Level Lease documents to be utilized between the Owner and an Operating Affiliate with respect to each Anchor Element (the “Refined Second Level Leases”).
The Owner and any Operating Affiliate may --------------- deliver Purchase Orders to the Vendor at any time and from time to time during the Contract Term.
The costs of such accountants' fees shall be borne by the Operating Affiliate if the invoice is determined to be substantially correct, and borne by Company, if the invoice is determined to be substantially incorrect.
The Company hereby transfers to the Employee a 2.5% interest in the Company's dividends paid and in any liquidation proceeds in respect of its common equity whether evidenced by this Agreement or subsequently evidenced by shares of common stock of the Company or any Operating Affiliate ("Employee's Equity").
Notwithstanding the foregoing, if (i) there is no Financial Closing prior to the third anniversary following expiration or termination of the term of this Agreement or (ii) the Financial Closing relates to a project with respect to which the Company or an Operating Affiliate did not make a definitive proposal during the Term, the Employee shall forfeit and retain no interest in the Employee's Equity after such expiration or termination.
Within sixty (60) days following a Financial Closing the Company shall issue, and, if applicable, cause any Operating Affiliate receiving financing pursuant to the Financial Closing to issue, to Employee a number of shares of the Company's, and, if applicable, such Operating Affiliate's, common stock which following such issuance will equal 2.5% of the then outstanding common stock of the Company, and, if applicable, such Operating Affiliate ("Employee Shares").
Each Operating Affiliate acknowledges that Company is not in the business of providing such Services to third parties and that, except as set forth in this Section 1(d), Company does not otherwise warrant the Services.
Company shall invoice each Operating Affiliate for Services performed for such Operating Affiliate (and its subsidiaries) on such intervals as may be determined by Company.
Notwithstanding the foregoing, or the provisions of Section (C) below, Proceeds must be applied in accordance with the requirements of any Management Agreement or Operating Lease which is not with an Operating Affiliate.