Fifth Amended and Restated Trilogy LLC Agreement means the Fifth Amended and Restated Limited Liability Company Agreement of Trilogy, dated as of December 30, 2010, as amended;
Second Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.
Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.
Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.
Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.
Original LLC Agreement has the meaning set forth in the Recitals.
Existing LLC Agreement is defined in the recitals to this Agreement.
Original Partnership Agreement has the meaning set forth in the recitals to this Agreement.
Company LLC Agreement means the Second Amended and Restated Limited Liability Company Agreement of the Company, dated as of May 25, 2011, as amended from time to time.
Restatement Agreement means the Restatement Agreement to the Existing Credit Agreement dated as of June 30, 2017 by and among each of the Loan Parties party thereto, the Administrative Agent and the Lenders party thereto.
New Management Agreement means the management agreement to be entered into between Buyer and the Manager for the operation and management of the Hotel on and after the Closing Date.
Holdings LLC Agreement means the Amended and Restated Limited Liability Company Agreement of Holdings dated as of the Closing Date.
Initial LLC Agreement has the meaning set forth in the recitals to this Agreement.
MCIP Agreement means the Agreement for the Development of a Joint County Industrial and Business Park (2010 Park) dated as of December 1, 2010, as amended, between the County and Xxxxxxxx County, South Carolina, as the same may be further amended or supplemented from time to time, or such other agreement as the County may enter with respect to the Project to offer the benefits of the Special Source Revenue Credits to the Company hereunder.
Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time.
Foundation Agreement means the agreement dated the 20th February 1985 made between the Trustee, the Manager, Xxxxxxxx, Genting WA and Tileska providing for the subscription of Units and Options;
Amended and Restated Registration Rights Agreement has the meaning set forth in the Recitals.
Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.
Sponsorship Agreement means a document that estab- lishes an advanced licensee as a sponsor for a basic licensee.
Investment Management Agreement means the Investment Management Agreement, dated as of the date hereof, by and between the Investment Manager and the Borrower.
Limited Partnership Agreement means the Amended and Restated Agreement of Limited Partnership of the Partnership dated as of March 1, 2017, as amended, supplemented or restated from time to time.
Partnership Agreement means the Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of May 28, 2014, as amended, restated and supplemented from time to time hereafter.
Membership Agreement means the agreement between the Foundation and each Member regarding each such Member’s rights and obligations as a Member.
Parent Agreement has the meaning given to it in Clause 12;
Amendment and Restatement Effective Date means June 28, 2018, the date the amendments and restatements to the Plan of May 7, 2018 are subject to approval by the Company’s stockholders at the Company’s 2018 Annual Meeting.
LLC Agreement has the meaning set forth in the recitals.
Formation Agreement has the meaning attributed to it in Recital A;