Capital Commitment Agreement definition
Examples of Capital Commitment Agreement in a sentence
This Agreement, together with the Subscription and Capital Commitment Agreement executed and delivered by each Limited Partner (other than Declaration), sets forth the entire understanding of all the parties with respect to its subject matter and supersedes all prior agreements and undertakings with respect hereto.
In the event that any provision of this Subscription and Capital Commitment Agreement is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision, as so modified, shall no longer be held to be invalid or unenforceable.
The admission of any transferee as a substituted Limited Partner will be effective upon the execution and delivery by, or on behalf of, the substituted Limited Partner of this Agreement or an instrument that constitutes the execution and delivery of this Agreement as well as of a Subscription and Capital Commitment Agreement.
Furthermore, in the event of any such modification, invalidity or unenforceability, this Subscription and Capital Commitment Agreement shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question and otherwise as set forth herein.
Capital Commitment Agreement Signing of this Agreement and transmission by facsimile or electronic document transfer will be acceptable and binding upon the parties hereto.
The Seller hereby assigns to the Buyer all of the Seller's right, title and interest in and to, but none of its obligations under, the Sale Agreement, the Custodial Agreement, the Capital Commitment Agreement and any UCC financing statements filed under or in connection therewith.
This Subscription and Capital Commitment Agreement is subject to being accepted or rejected (in whole or in part) by Declaration Management & Research LLC, the general partner and investment adviser of the Fund (“Declaration”).
The Subscriber also agrees to indemnify the Indemnitees for any and all costs, fees and expenses (including legal fees and disbursements) in connection with any damages resulting from any material misrepresentation or misstatement by the Subscriber contained herein, or the assertion of the Subscriber’s lack of proper authorization from the Beneficial Owner to enter into this Subscription and Capital Commitment Agreement or perform the Subscriber’s obligations hereunder.
The Company may request additional documentation confirming the Subscriber’s authority to make a Capital Commitment and enter into this Subscription and Capital Commitment Agreement.
The Subscriber further represents and warrants that it has all requisite power and authority from said Beneficial Owner to execute and perform the obligations under this Subscription and Capital Commitment Agreement.