AMERICAN CAPITAL STRATEGIES, LTD a Delaware corporation (together with its successors and assigns, “ACAS”), as the servicer (together with its successors and assigns, in such capacity, the “Servicer”), and as the originator (together with its wholly-owned subsidiaries, successors and assigns, in such capacity, the “Originator”); and
AMERICAN CAPITAL STRATEGIES, LTD a Delaware corporation (“American Capital”), as the servicer (together with its successors and assigns in such capacity, the “Servicer”);
AMERICAN CAPITAL STRATEGIES, LTD a Delaware corporation (“ACS”), as borrower under the Syndicated Loan Documents (“Borrower”), as the originator under the 2000-1 Transaction Documents, the 2002-1 Transaction Documents, the 2002-2 Transaction Documents, the 2003-1 Transaction Documents, the 2003-2 Transaction Documents, the Conduit Documents and Securitization Documents (collectively, the “Credit Documents”) (together with its successors and assigns in such capacity, the “Originator”) and as the original servicer under the Credit Documents and the Syndicated Loan Documents (the “Original Servicer”).
AMERICAN CAPITAL STRATEGIES, LTD. Certain Sections of this Indenture relating to Sections 310 through 318, inclusive, of the Trust Indenture Act of 1939: Trust Indenture Act Section Indenture Section § 310 (a)(1) 6.09 (a)(2) 6.09 (a)(3) Not Applicable (a)(4) Not Applicable (a)(5) 6.09 (b) 6.08 (c) Not Applicable § 311 (a) 6.13 (b) 6.13 (c) Not Applicable § 312 (a) 7.01 (b) 7.02 (c) 7.02 § 313 (a) 7.03 (b) 7.03 (c) 7.03 (d) 7.03 § 314 (a) 7.04 (a)(4) 1.01 (b) Not Applicable (c)(1) 1.02 (c)(2) 1.02 (c)(3) Not Applicable (d) Not Applicable (e) 1.02 (f) Not Applicable § 315 (a) 6.01 (b) 6.02 (c) 6.01 (d) 6.01 (e) 5.14 § 316 (a) 1.01 (a)(1)(A) 5.02 (a)(1)(B) 5.13 (a)(2) Not Applicable (b) 5.08 (c) 1.04 § 317 (a)(1) 5.03 (a)(2) 5.04 (b) 10.03
AMERICAN CAPITAL STRATEGIES, LTD a Delaware Corporation (together with its successors and assigns, “American Capital”);


  • Financial Management 5.1. Fifteen (15) days after this Agreement comes into effect in accordance with Article 11.2, the Institution shall authorize one person to serve as the representative to request and receive payments under this Agreement. The Institution may revoke this authorization and designate another representative upon provision of written notification to DSD, accompanied by an original sample of the new representative’s signature. Such notification must be received by DSD at least five (5) calendar days prior to a request for payment by the Institution under its new representative’s signature.

  • Investment Management If and to the extent requested by the Advisor, the Sub-Advisor shall, subject to the supervision of the Advisor, manage all or a portion of the investments of the Portfolio in accordance with the investment objective, policies and limitations provided in the Portfolio's Prospectus or other governing instruments, as amended from time to time, the Investment Company Act of 1940 (the "1940 Act") and rules thereunder, as amended from time to time, and such other limitations as the Trust or Advisor may impose with respect to the Portfolio by notice to the Sub-Advisor. With respect to the portion of the investments of the Portfolio under its management, the Sub-Advisor is authorized to make investment decisions on behalf of the Portfolio with regard to any stock, bond, other security or investment instrument, and to place orders for the purchase and sale of such securities through such broker-dealers as the Sub-Advisor may select. The Sub-Advisor may also be authorized, but only to the extent such duties are delegated in writing by the Advisor, to provide additional investment management services to the Portfolio, including but not limited to services such as managing foreign currency investments, purchasing and selling or writing futures and options contracts, borrowing money or lending securities on behalf of the Portfolio. All investment management and any other activities of the Sub-Advisor shall at all times be subject to the control and direction of the Advisor and the Trust's Board of Trustees.

  • Asset Management Supplier will: i) maintain an asset inventory of all media and equipment where Accenture Data is stored. Access to such media and equipment will be restricted to authorized Personnel; ii) classify Accenture Data so that it is properly identified and access to it is appropriately restricted; iii) maintain an acceptable use policy with restrictions on printing Accenture Data and procedures for appropriately disposing of printed materials that contain Accenture Data when such data is no longer needed under the Agreement; iv) maintain an appropriate approval process whereby Supplier’s approval is required prior to its Personnel storing Accenture Data on portable devices, remotely accessing Accenture Data, or processing such data outside of Supplier facilities. If remote access is approved, Personnel will use multi-factor authentication, which may include the use of smart cards with certificates, One Time Password (OTP) tokens, and biometrics.

  • LTD ACN 008 852 784 (formerly called CGF Iron Holdings Pty. Ltd.) a company incorporated in the State of Western Australia and having its registered office at Mt Xxxxxx Xxxxx, 000 Xx Xxxxxx’s Terrace, Perth, BHP AUSTRALIA COAL PTY. LTD. ACN 010 595 721 (formerly called BHP‑UTAH Coal Limited) a company incorporated in the State of the State of Queensland and having its registered office situate at 00xx Xxxxx, 000 Xxxxx Xxxxxx, Xxxxxxxx, CI MINERALS AUSTRALIA PTY. LTD. ACN 009 256 259 a company incorporated in the State of Western Australia and having its registered office at 00xx Xxxxx, Xxxxxxx Xxxxxx, 221 St George’s Terrace, Perth and MITSUI IRON ORE CORPORATION PTY. LTD. ACN 050 157 456 a company incorporated in the State of Western Australia and having its registered office at 00xx Xxxxx, Xxxxxxx Xxxxxx, 221 St George’s Terrace, Perth (hereinafter called “the Joint Venturers”) of the other part.

  • Limited Liability Company Agreement The Members hereby execute this Agreement for the purpose of establishing the affairs of the Company and the conduct of its business in accordance with the provisions of the Act. The Members hereby agree that, during the term of the Company set forth in Section 1.6 hereof, the rights and obligations of the Holders with respect to the Company shall be determined in accordance with the terms and conditions of this Agreement and, except where the Act provides that such rights and obligations specified in the Act shall apply “unless otherwise provided in a limited liability company agreement” or words of similar effect and such rights and obligations are set forth in this Agreement, the Act. Notwithstanding the foregoing, Section 18-210 of the Act (entitled “Contractual Appraisal Rights”) and Section 18-305(a) of the Act (entitled “Access to and Confidentiality of Information; Records”) shall not apply to the Company or be incorporated into this Agreement.

  • General Management In the discharge of its general duty to manage the successful performance of the Services, Vendor shall:

  • Investment Strategy The Company’s investment strategy described in the Registration Statement and the Prospectus accurately reflect in all material respects the current intentions of the Company with respect to the operation of the Company’s business, and no material deviation from such investment strategy is currently contemplated.

  • Corporate Services This Agreement sets forth the terms and conditions for the provision by PROVIDING PARTY to RECEIVING PARTY of various corporate services and products, as more fully described below and in Schedule 1.1(a) attached hereto (the Scheduled Services, the Omitted Services, the Resumed Services and Special Projects (as defined below), collectively, the "Corporate Services").

  • Fifth Amended and Restated Limited Liability Company Operating Agreement Dated as of November 30, 2012

  • The Limited Liability Company The Members have created a limited liability company: [NAME OF THE LLC] ("Company") and formed on the date of [FORMATION DATE] in the State of Georgia (“Governing Law”). The operations of the Company shall be governed by the laws located in the State of Governing Law and in accordance with this Agreement as follows: