FCRE definition
Examples of FCRE in a sentence
The FCRE Manager Group shall have three (3) out of five (5) votes on each matter on which the Manager Groups are entitled to vote, and the Developer Manager Group shall have two (2) out of five (5) votes on each matter on which the Manager Groups are entitled to vote.
This Agreement shall be binding upon and inure solely to the benefit of each Party hereto, and nothing in this Agreement, express or implied, is intended to or shall confer upon any other Person any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement except that First Capital Real Estate Advisors, L.P. is a third party beneficiary hereunder as the external advisor of FCRE.
FCRE has provided drafts of amendments to its Certificate of Incorporation and amendments to the governing charter instruments of FCRE OP and each of its material subsidiaries reflecting a rebranding from United to First Capital.
Each of FCRE OP and FCRE has taken all necessary action to authorize the execution, delivery and performance of this Agreement and any other Transaction Documents.
FCRE is engaged in the business of investing in interests in real estate.
FCRE OP and FCRE shall have performed all obligations to be performed by them, and complied with their agreements and covenants to be performed or complied with by them under this Agreement on or prior to the Closing.
Each Contributing Party further represents and warrants that it has not relied on FCRE OP, FCRE, or any of their Affiliates, representatives or counsel for any tax advice and that it is not relying on any advice or any information or material furnished by such parties, whether oral or written expressed or implied, of any nature whatsoever, regarding the tax consequences of the events and transactions set forth in the preceding sentence.
FCRE and FCRE OP hereby represent and warrant that the financial statements provided are in accordance with the books and records of FCRE and FCRE OP, and fairly present the financial condition of FCRE and FCRE OP as at the respective dates indicated.
FCRE, FCRE OP and each of its subsidiaries is in compliance with the provisions of its Certificate of Incorporation or equivalent governing charter instrument.
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.