Constituting Documents definition
Examples of Constituting Documents in a sentence
If the strata/condominium corporation transfers, charges or adds to the common property (or common elements), or amends its Constituting Documents without the consent of the Lender, and if, in the Lender's opinion, the value of the Property is reduced, there is a Default.
The Borrower will perform all of the Borrower's obligations as a strata/condominium owner under the Applicable Laws and the declaration, bylaws, rules and regulations of the strata/condominium corporation (the "Constituting Documents") and will pay all money owed by the Borrower to the strata/condominium corporation.
If the strata/condominium corporation transfers, charges or adds to the common property (or common elements), or amends its Constituting Documents without the consent of the Lender, and if, in the Lender’s opinion, the value of the Property is reduced, there is a Default.
The Issuer and the Trustee may execute a Reset Amendment without regard to the provisions of Section 8.2, in order to make any supplements or amendments to the Constituting Documents that would otherwise be subject to the provisions of the immediately preceding paragraph, with the consent of the Collateral Manager.
HGC Investment has good and valid title to a 99.9% non-managing membership interest in HGC Holdings and will, as of the Closing Date, have good and valid title to the HGC Holdings Membership Interest, in each case, free and clear of all Encumbrances except for restrictions arising out of or contained in (i) the Constituting Documents of HGC Holdings, (ii) or state and federal securities laws or (iii) regulatory or state law restrictions.
The Collateral Manager shall not be bound to follow any amendment or supplement to the Constituting Documents unless it has consented thereto in accordance with this Article VIII and with the Class A-L Loan Agreement.
The Parties acknowledge that under the Constituting Documents of HGC Holdings, HGC Investment currently has only limited powers with respect to HGC Holdings and the Company.
HGC Holdings has good and valid title to 100% of the outstanding membership interests of the Company free and clear of all Encumbrances except for restrictions arising out of or contained in the Constituting Documents of the Company or state and federal securities laws.
The Trustee and the Loan Agents may, but shall not be obligated to, enter into any such supplemental indenture which affects such entity’s own rights, duties or immunities under the Constituting Documents or otherwise.
HGC Holdings has good and valid title to 100% of the outstanding membership interests of the Company free and clear of all Encumbrances except for restrictions arising out of or contained (i) in the Constituting Documents of the Company, (ii) state and federal securities laws or (iii) regulatory or state law restrictions.