ERISA Investor Excluded Items definition

ERISA Investor Excluded Items means, with respect to each ERISA Investor, any rights, titles, interests, remedies or privileges of Borrower:
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ERISA Investor Excluded Items means, with respect to each ERISA Investor, any rights, titles, interests, remedies or privileges of Fund and General Partner: (a) in and to the rights of such ERISA Investor in Fund (and any appurtenant rights thereunder), including such ERISA Investor’s membership interest therein, granted to Fund or General Partner to secure such ERISA Investor’s obligation to fund its Capital Commitment; (b) to debit or cause the transfer of funds from such ERISA Investor’s accounts at Xxxxxxx, Xxxxx & Co. LLC, Xxxxxxx Sachs International or any other Affiliate of Xxxxxxx Xxxxx & Co. LLC; (c) against such ERISA Investor under the LP Agreement; (d) to request or require such ERISA Investor to confirm the amount of, or to confirm its obligation to make payments in respect of, its uncalled Capital Commitments; (e) to require such ERISA Investor to forfeit or sell any portion of such ERISA Investor’s membership interests in Fund; and (f) to request or require such ERISA Investor to make payment for any Capital Call other than to an account of Fund. In no event (and notwithstanding anything to the contrary in this Agreement, whether or not expressed elsewhere) shall Administrative Agent pursue or realize on the Collateral with respect to any particular Defaulting Investor (including any amounts of capital called, such Collateral sold or disposed of or any other remedies pursued hereunder against such Collateral) in an amount in excess of, as of only a single Determination Date (specified by Administrative Agent), the lesser of (such lesser amount, the “Obligation Limitation Amount”):
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Related to ERISA Investor Excluded Items

  • Permitted Cash Equivalent Investments means (i) marketable direct obligations issued or unconditionally guaranteed by the United States or any agency or any State thereof having maturities of not more than two (2) years from the date of acquisition and (ii) commercial paper maturing no more than one (1) year after its creation and having the highest rating from either Standard & Poor’s Ratings Group or Xxxxx’x Investors Service, Inc.

  • Disqualified Equity Interests means any Equity Interest that, by its terms (or by the terms of any security or other Equity Interests into which it is convertible or for which it is exchangeable), or upon the happening of any event or condition (a) matures or is mandatorily redeemable (other than solely for Qualified Equity Interests), pursuant to a sinking fund obligation or otherwise (except as a result of a change of control or asset sale so long as any rights of the holders thereof upon the occurrence of a change of control or asset sale event shall be subject to the prior repayment in full of the Loans and all other Obligations that are accrued and payable and the termination of the Commitments), (b) is redeemable at the option of the holder thereof (other than solely for Qualified Equity Interests), in whole or in part, (c) provides for the scheduled payments of dividends in cash, or (d) is or becomes convertible into or exchangeable for Indebtedness or any other Equity Interests that would constitute Disqualified Equity Interests, in each case, prior to the date that is 180 days after the Maturity Date.