Organizational Instruments definition
Organizational Instruments means the memorandum and articles of association or certificate of incorporation and bylaws (or the comparable documents for the applicable jurisdiction), in the case of a corporation, or the partnership agreement, in the case of a partnership, or the certificate of formation and limited liability company agreement (or the comparable documents for the applicable jurisdiction), in the case of a limited liability company.
Organizational Instruments means the certificate of incorporation and bylaws (or the comparable documents for the applicable jurisdiction), in the case of a company or a corporation, or the partnership agreement, in the case of a partnership, or the certificate of formation and limited liability company agreement (or the comparable documents for the applicable jurisdiction), in the case of a limited liability company. “Owner” shall mean, with respect to any Person, any direct or indirect shareholder, member, partner or other equity or beneficial owner thereof. “Proceedings” shall have the meaning set forth in Section 22. “Related Person” shall mean, with respect to any Person, the Owners, directors, officers, employees, managers, agents and professional advisors thereof. “Responsible Officer” shall mean any officer, authorized person or employee of the Collateral Manager set forth on the list provided by the Collateral Manager to the Issuer and the
Organizational Instruments means the memorandum and articles of association or certificate of incorporation and bylaws (or the comparable documents for the applicable jurisdiction), in the case of a corporation, or the partnership agreement, in the case of a partnership, or the certificate of formation and limited liability company agreement (or the comparable documents for the applicable jurisdiction), in the case of a limited liability company. “Private Placement” shall have the meaning set forth in Section 5(b). “Proceedings” shall have the meaning set forth in Section 22. “Qualifying Affiliate” shall mean an Affiliate of the Collateral Manager that: (i) employs principal investment professionals which manage non-investment grade loans and that are actively involved in the servicing of the Issuer’s Assets and (ii) has other comparable personnel and expertise to the Collateral Manager. “Registered Funds” shall have the meaning set forth in Section 5(b). “Section 28(e)” shall have the meaning set forth in Section 3(b). 3 “Supermajority” shall mean, with respect to any Class of Notes, the holders of at least 66-2/3% of the Aggregate Outstanding Amount of the Notes of such Class. “Transaction” shall mean any action taken by the Collateral Manager on behalf of the Issuer with respect to the Assets, including, without limitation, (i) selecting the Collateral Obligations and Eligible Investments to be disposed of by the Issuer and (ii) monitoring the Collateral Obligations and providing the Issuer and the Trustee certain information with respect to the composition and characteristics of the Collateral Obligations, any disposition or tender of a Collateral Obligation and the reinvestment of the proceeds of any such disposition in Eligible Investments. “Trustee” shall have the meaning set forth in the recitals hereto.
Examples of Organizational Instruments in a sentence
True and complete copies of the Collateral Manager’s Organizational Instruments have been delivered to the Issuer.
Except as authorized by the Board or the Organizational Instruments or as allowed by law, the Director shall not hold himself out as an agent of the Company or enter into any agreement or incur any obligations on its behalf.
The Director acknowledges that he may be removed from the Board or any committee at any time, with or without cause, in accordance with law or the Organizational Instruments.
More Definitions of Organizational Instruments
Organizational Instruments means the certificate of incorporation and bylaws (or the comparable documents for the applicable jurisdiction), in the case of a company or a corporation, or the partnership agreement, in the case of a partnership, or the certificate of formation and limited liability company agreement (or the comparable documents for the applicable jurisdiction), in the case of a limited liability company. “Owner” shall mean, with respect to any Person, any direct or indirect shareholder, member, partner or other equity or beneficial owner thereof. “Proceedings” shall have the meaning set forth in Section 22. “Related Person” shall mean, with respect to any Person, the Owners, directors, officers, employees, managers, agents and professional advisors thereof. “Responsible Officer” shall mean any officer, authorized person or employee of the Collateral Manager set forth on the list provided by the Collateral Manager to the Issuer and the Trustee which list shall include any collateral manager having day-to-day responsibility for the
Organizational Instruments of any Person means, in the case of a corporation, its certificate or articles of incorporation and by-laws; in the case of a limited liability company, its articles of organization or formation and operating agreement; in the case of a general or limited partnership, its partnership agreement; and in the case of any other Person that is not a natural person, its organizing instruments; and in each case, it means such instruments as amended to the applicable date.
Organizational Instruments means the certificate of incorporation and bylaws (or the comparable documents for the applicable jurisdiction), in the case of a company or a corporation, or the partnership agreement, in the case of a partnership, or the certificate of formation and limited liability company agreement (or the comparable documents for the applicable jurisdiction), in the case of a limited liability company, or the certificate of trust and governing instrument, in the case of a statutory trust. “Owner” shall mean, with respect to any Person, any direct or indirect shareholder, member, partner or other equity or beneficial owner thereof. “Proceedings” shall have the meaning set forth in Section 22. “Related Person” shall mean, with respect to any Person, the Owners, directors, officers, employees, managers, agents and professional advisors thereof. “Responsible Officer” shall mean any officer, authorized person or employee of the Collateral Manager set forth on the list provided by the Collateral Manager to the Issuer and the Trustee which list shall include any collateral manager having day-to-day responsibility for the performance of the Collateral Manager under this Agreement, as such list may be amended from time to time. “Section 28(e)” shall have the meaning set forth in Section 3(b).