Developer Member definition
Examples of Developer Member in a sentence
Except as disclosed in the Company SEC Reports, neither the Developer Member nor SUSA has violated any domestic or foreign law or any regulation or requirement, which violation has or would be reasonably likely to have a Material Adverse Effect, and neither the Developer Member nor SUSA has received notice of any such violation.
The Executive Committee shall have ten (10) Business Days after receipt of such Preliminary Presentation to provide the Developer Member with its approval or rejection thereof, such approval or rejection to be made by the Executive Committee based upon the Target's compliance (or failure to comply) with the Approved Investment Parameters.
If the Developer Member and the Executive Committee are unable thereafter to resolve the Executive Committee's objections to the Final Presentation, then the Developer Member shall have an option to pursue such Target as an Independent Investment as provided in Section 4.5 hereof.
Neither the Developer Member nor SUSA is required to register as an "investment company" and neither the Developer Member nor SUSA is, to the knowledge of the Developer Member, directly or indirectly controlled by any Person which is required to register as an "investment company", within the meaning of and under the Investment Company Act of 1940, as amended.
The Developer Member and SUSA own or have the legal right to use, all service marks, trademarks, trade names, copyrights, technology, know-how and resources necessary for each of them to conduct its business as currently conducted.
As a material inducement to the Developer Member's execution and delivery of this Agreement, the GECC Member represents and warrants to the Developer Member with respect to the matters set forth on Schedule 2.9 hereto, each such warranty and representation being made as of the Effective Date.
Payments made by the GECC Member to the Developer Member in accordance with this Section 2.10(b) shall be credited to the GECC Member's Capital Account and its Project Capital Contribution Balance and shall correspondingly be debited from the Developer Member's Capital Account and its Project Capital Contribution Balance.
The Developer Member has reviewed and assessed, or caused to be reviewed and assessed, all areas within its and SUSA's businesses and operations that could be adversely affected by the risk that computer applications may not be able to recognize and properly perform date sensitive functions after December 31, 1999.
Without limiting the foregoing and except as otherwise expressly provided to the contrary in this Agreement, neither the Developer Member nor any Affiliate of the Developer Member shall be prevented or restricted in any way from owning, financing, managing, advising, franchising or leasing any self-storage property or management company, even if such activity is in direct competition with the Company and its Subsidiaries.
Notwithstanding anything to the contrary contained in the Limited Liability Company Agreement, none of T-9 Developer Member, its authorized signatories, and any Board member shall have any rights or interests with respect to the Transfer of all or any portion of FCRE OP Member’s Units, including without limitation, any approval rights or rights under Sections 8.1, 8.2, 8.3 and 8.4 of the Limited Liability Company Agreement.