ATLANTIC CITY Sample Clauses

ATLANTIC CITY. Atlantic City has operated in such a manner as not to give rise to any inference, or otherwise mislead third Persons to believe, that (a) it is not an entity separate and distinct from the Borrower and the Borrower's other Subsidiaries and (b) it is not solely responsible for its debts, without any support from the Borrower or any of its other Subsidiaries. Neither Borrower nor any of its Subsidiaries has commingled assets or funds with Atlantic City. Neither Borrower nor any of its other Subsidiaries has guaranteed any of Atlantic City's Indebtedness, contingent obligations or other obligations nor do such Persons have a subscription for any Indebtedness or capital stock of, or other investment in, Atlantic City. There is no basis for any creditors of Atlantic City to assert any bona fide claim against the Borrower or any of its other Subsidiaries for the payment of the obligations of Atlantic City to such creditor.
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ATLANTIC CITY. (i) The Borrower shall cause Atlantic City to operate in such a manner as not to give rise to any inference, or otherwise mislead third Persons to believe, that it is not an entity separate and distinct from the Borrower and each of its other Subsidiaries or that it is not solely responsible for its debts, without any support from the Borrower or any of its other Subsidiaries. Neither the Borrower nor any of its other Subsidiaries shall commingle assets or funds with Atlantic City or become a Guarantor for the benefit of Atlantic City.

Related to ATLANTIC CITY

  • Western will as requested by the Manager oversee the maintenance of all books and records with respect to the investment transactions of the Fund in accordance with all applicable federal and state laws and regulations, and will furnish the Directors with such periodic and special reports as the Directors or the Manager reasonably may request.

  • Massachusetts Business Trust With respect to any Fund which is a party to this Agreement and which is organized as a Massachusetts business trust, the term “Fund” means and refers to the trustees from time to time serving under the applicable trust agreement of such trust, as the same may be amended from time to time (the ‘Declaration of Trust”). It is expressly agreed that the obligations of any such Fund hereunder shall not be binding upon any of the trustees, shareholders, nominees, officers, agents or employees of the Fund personally, but bind only the trust property of the Fund as set forth in the applicable Declaration of Trust. In the case of each Fund which is a Massachusetts business trust (in each case, a “Trust”), the execution and delivery of this Agreement on behalf of the Trust has been authorized by the trustees, and signed by an authorized officer, of the Trust, in each case acting in such capacity and not individually, and neither such authorization by the trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually, but shall bind only the trust property of the Trust as provided in its Declaration of Trust.

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  • Asset Management a. Data Sensitivity - Transfer Agent acknowledges that it understands the sensitivity of Fund Data.

  • Bank Holding Company Borrower is not a “bank holding company” or a direct or indirect subsidiary of a “bank holding company” as defined in the Bank Holding Company Act of 1956, as amended, and Regulation Y thereunder of the Board of Governors of the Federal Reserve System.

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  • Public Utility Holding Company Neither the Company nor any Subsidiary is, or will be upon issuance and sale of the Securities and the use of the proceeds described herein, subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Federal Power Act, the Interstate Commerce Act or to any federal or state statute or regulation limiting its ability to issue and perform its obligations under any Transaction Agreement.

  • Real Property Holding Company The Company is not a real property holding company within the meaning of Section 897 of the Code.

  • 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.

  • Mortgage Banking Business Except as has not had and would not reasonably be expected to have a Material Adverse Effect:

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