Operative Instruments definition

Operative Instruments means this Agreement, the Warrant, the Articles Supplementary, the Agreement and Waiver and the Operating Agreement.
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Operative Instruments means this Agreement, the Certificate of Designation, and the Operating Agreement. "Permit" means a permit, license, consent, order or approval by any federal, state or local governmental agency. "Person" means any individual or Entity. "Plan" means an employee benefit plan defined in Section 3(3) of ERISA in respect of which the Company or any ERISA Affiliate is, or within the immediately preceding six (6) years was, an "employer" as defined in Section 3(5)
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Operative Instruments means this Agreement, the Certificate of Designation, and the Operating Agreement.
Sample 1Sample 2Sample 3

Examples of Operative Instruments in a sentence

  • In the event that the Company shall request that the Investor consent to any action by the Company that is otherwise prohibited by, or amend any of, the Operative Instruments, the Company shall pay all reasonable legal fees and expenses reasonably incurred by the Investor in connection with the Investor's review of such request.

  • The execution and delivery of the Operative Instruments by the Company and the performance by the Company of its obligations thereunder do not legally or contractually require any filing or registration with, or the receipt of any consent by, any governmental or regulatory authority by the Company or its Subsidiaries other than any which have already been obtained or waived.

  • Each of the Operative Instruments to which the Investor is a party has been duly authorized, executed and delivered by the Investor, and constitutes a legal, valid and binding obligation of the Investor, enforceable against the Investor in accordance with its terms.

  • The Investor has the limited liability company power and authority necessary to execute, deliver, and perform its obligations under the Operative Instruments and to consummate the transactions contemplated thereby.

  • The Company shall have received the opinion of Orloff, Lowenbach, Stifelman & Siegel, P.A., legax xxxxxxx to xxx Xnvestor, dated as of the Initial Closing, opining (1) as to the organization and good standing of the Investor; and (2) that the Operative Instruments were duly authorized, executed, and delivered by the Investor.

  • The Company has the corporate power and authority necessary to execute, deliver, and perform its obligations under the Operative Instruments and to consummate the transactions contemplated thereby and to execute, file, and perform its obligations under the Articles Supplementary.

  • The Investor shall have received the opinion of Alston & Bird LLP, lxxxx xounsel to the Company, dated as of the Initial Closing, opining as to (1) the organization and good standing of the Company; (2) the due authorization and validity of the issuance of the Preferred Stock; and (3) the enforceability of the Operative Instruments and the Articles Supplementary against the Company.

  • The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Operative Instruments, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of any Holder of Debt with respect thereto.

  • The following provision is added as Section 7.1.E.: For purposes of the September 2003 Closing, the Investor shall have received the opinion of Xxxxxx & Bird LLP, legal counsel to the Company, dated as of the September 2003 Closing, opining as to (1) the organization and good standing fo the Company; (2) the due authorization and validity of the issuance of the Preferred Stock constituting the Additional Investment; and (3) the enforceability of the Operative Instruments.

  • The execution, delivery and performance of the Operative Instruments and the consummation of the transactions contemplated therein have been duly and validly authorized by all necessary corporate action in respect thereof on the part of the Investor.


More Definitions of Operative Instruments

Operative Instruments means Certificate of Trust, the Declaration of Trust, the Indenture, the Guarantee Agreements, this Agreement, the Subscription Agreement, the Debenture Subcription Agreement, the Capital Securities, the Common Securities and the Debentures.
Sample 1
Operative Instruments means this Agreement and the Registration Rights Agreement.
Sample 1
Operative Instruments means the Indenture, this Agreement and the Offered Securities.
Sample 1

Related to Operative Instruments

  • Derivative Instruments means options, rights, warrants, appreciation rights, tracking, profit and phantom interests and other derivative instruments (other than equity interests in the Partnership) relating to, convertible into or exchangeable for Partnership Interests.

  • Trade Instruments means any performance bonds, advance payment bonds or documentary letters of credit issued in respect of the obligations of any Group Member (which obligations do not constitute Financial Indebtedness) arising in the ordinary course of trading of that Group Member.

  • Mortgage Instruments means such title reports, title insurance, opinions of counsel, surveys, appraisals and environmental reports as are requested by, and in form and substance reasonably acceptable to, the Administrative Agent from time to time.

  • Derivative Instrument with respect to a Person, means any contract, instrument or other right to receive payment or delivery of cash or other assets to which such Person or any Affiliate of such Person that is acting in concert with such Person in connection with such Person’s investment in the Notes (other than a Screened Affiliate) is a party (whether or not requiring further performance by such Person), the value and/or cash flows of which (or any material portion thereof) are materially affected by the value and/or performance of the Notes and/or the creditworthiness of the Performance References.

  • Pledge Instruments With respect to each Cooperative Loan, the Stock Power, the Assignment of Proprietary Lease and the Security Agreement.

  • Mortgage Instrument means any mortgage, deed of trust or deed to secure debt executed by a Credit Party in favor of the Administrative Agent, for the benefit of the Secured Parties, as the same may be amended, modified, extended, restated, replaced, or supplemented from time to time.

  • Long Derivative Instrument means a Derivative Instrument (i) the value of which generally increases, and/or the payment or delivery obligations under which generally decrease, with positive changes to the Performance References and/or (ii) the value of which generally decreases, and/or the payment or delivery obligations under which generally increase, with negative changes to the Performance References.

  • Eligible Instruments means monetary assets, money market instruments and securities that are payable in Dollars only and essentially risk free as to collection of principal and interest, including U.S. Government Obligations.

  • Release Instruments is defined in Section 11.12(f).

  • Short Derivative Instrument means a Derivative Instrument (i) the value of which generally decreases, and/or the payment or delivery obligations under which generally increase, with positive changes to the Performance References and/or (ii) the value of which generally increases, and/or the payment or delivery obligations under which generally decrease, with negative changes to the Performance References.

  • Reference Instrument means Natural Gas (Henry Hub) Future.Currency: USDISIN: US12573E1010Bloomberg Symbol: NG1 Comdty

  • Tier 1 Instruments means any and all (i) securities or other obligations (other than Tier 1 Shares) issued by UBS Group AG or (ii) shares, securities, participation securities or other obligations (other than Tier 1 Shares) issued by a subsidiary of UBS Group AG and having the benefit of a guarantee, credit support agreement or similar undertaking of UBS Group AG, each of which shares, securities, participation securities or other obligations described in clauses (i) and (ii) of this definition qualify, or are issued in respect of a security that qualifies, as Tier 1 Capital of the Group and/or UBS Group AG (without regard to quantitative limits on such capital) on a consolidated (Finanzgruppe) or on an unconsolidated (Einzelinstitut) basis.

  • Tier 2 Instruments means at any time tier 2 instruments as interpreted and applied in accordance with the Applicable Banking Regulations;

  • Surety Instruments means all letters of credit (including standby and commercial), banker's acceptances, bank guaranties, shipside bonds, surety bonds and similar instruments.

  • Debt Instruments means bonds, notes or other debt securities (however defined), which are or are intended to be quoted, listed, traded or otherwise admitted to trading on a Regulated Market or an MTF.

  • Subject Instruments shall nonetheless mean such instrument, agreement or other document, as the case may be, in its entirety, including any portions thereof which shall have been so redacted, deleted or otherwise not filed.

  • Security Instruments means, collectively, (a) the Mortgages, (b) the Transfer Letters, (c) the Pledge Agreements, (d) the Security Agreements, (e) each other agreement, instrument or document executed at any time in connection with the Pledge Agreements, the Security Agreements, or the Mortgages, (f) each agreement, instrument or document executed in connection with the Cash Collateral Account; and (g) each other agreement, instrument or document executed at any time in connection with securing the Obligations.

  • Trust instrument means this Agreement and Declaration of Trust as the same may be amended and restated from time to time.

  • Agreements and Instruments has the meaning set forth in Section 2(a)(xiii).

  • Debt Instrument means any loan, bond, debenture, promissory note or other instrument evidencing indebtedness (demand or otherwise) for borrowed money or other liability;

  • Permitted Real Property Encumbrances means (i) those liens, encumbrances and other matters affecting title to any Mortgaged Property listed in the applicable title policy in respect thereof (or any update thereto) and found, on the date of delivery of such title policy to the Administrative Agent in accordance with the terms hereof, reasonably acceptable by the Administrative Agent, (ii) as to any particular real property at any time, such easements, encroachments, covenants, restrictions, rights of way, minor defects, irregularities or encumbrances on title which do not, in the reasonable opinion of the Administrative Agent, materially impair such real property for the purpose for which it is held by the mortgagor or owner, as the case may be, thereof, or the Lien held by the Administrative Agent, (iii) municipal and zoning laws, regulations, codes and ordinances, which are not violated in any material respect by the existing improvements and the present use made by the mortgagor or owner, as the case may be, of such real property, (iv) general real estate taxes and assessments not yet delinquent, and (v) such other items as the Administrative Agent may consent to.

  • Permitted Equity Interests means common stock of the Borrower that after its issuance is not subject to any agreement between the holder of such common stock and the Borrower where the Borrower is required to purchase, redeem, retire, acquire, cancel or terminate any such common stock.

  • Permitted Existing Investments means the Investments of the Borrower and its Subsidiaries identified as such on Schedule 1.1.2 to this Agreement.