Fund Entities definition

Fund Entities means any corporation, limited liability company, partnership, joint venture, trust, employee benefit plan or other entity or enterprise (other than the Company, the Company Bank or any other corporation, limited liability company, partnership, joint venture, trust, employee benefit plan or other entity or enterprise the Investor Nominee has agreed, on behalf of the Company or the Company Bank or at the Company’s or at the Company Bank’s request, to serve as a director, officer, employee or agent and which service is covered by the Indemnification Agreements) from whom the Investor Nominee may be entitled to indemnification or advancement of expenses with respect to which, in whole or in part, the Company and/or the Company Bank may also have an indemnification or advancement obligation and (ii) the term “Jointly Indemnifiable Claim” shall mean any claim for which the Investor Nominee shall be entitled to indemnification from both any Fund Entity and the Company and/or the Company Bank pursuant to applicable law, any indemnification agreement or the certificate of incorporation, bylaws, partnership agreement, operating agreement, certificate of formation, certificate of limited partnership or comparable organizational documents of the Company, the Company Bank and the Fund Entities.

Fund Entities means, collectively, (a) the Funds and (b) any Subsidiary of the Funds.

Fund Entities means, together, the Fund, EELP, EnerMark and Newco;

Examples of Fund Entities in a sentence

• The Fund Entities expressly disclaim status as a “group” for purposes of this Schedule 13G.

• The Fund has appropriate systems of internal control over the safeguarding of assets and financial reporting to ensure compliance by the Fund Entities with legal and regulatory requirements.

• The external audit functions with respect to the Fund Entities have been effectively carried out and that any matter which the independent auditors wish to bring to the attention of the Board has been addressed.

• The external and internal auditors of the Fund Entities shall be given notice of, and have the right to appear before and to be heard at, every meeting of the Committee, and shall appear before the Committee when requested to do so by the Committee.

• The Committee is empowered to investigate any activity of any of the Fund Entities and all employees are to co-operate as requested by the Committee.

More Definitions of Fund Entities

Fund Entities means any corporation, limited liability company, partnership, joint venture, trust, employee benefit plan or other entity or enterprise (other than the Bank, the Bank’s parent corporation or any other corporation, limited liability company, partnership, joint venture, trust, employee benefit plan or other entity or enterprise as to which Indemnitee has agreed, on behalf of the Bank or at the Bank’s request, to serve as a director, officer, employee or agent and which service is covered by this Agreement) from whom Indemnitee may be entitled to indemnification or advancement of expenses with respect to which, in whole or in part, the Bank may also have an indemnification or advancement obligation.

Fund Entities has the meaning set forth in the Preamble.

Fund Entities means, collectively, ARCap High Yield CMBS Fund, L.L.C., ARCap Diversified Risk CMBS Fund, L.L.C., ARCap CMBS Fund REIT, Inc., ARCap High Yield CMBS Fund II, L.L.C., ARCap Diversified Risk CMBS Fund II, L.L.C., ARCap CMBS Fund II REIT, Inc. and ARCap Real Estate Special Situations Mortgage Fund, L.L.C. ("ARESS").

Fund Entities means any Person or employee benefit plan (other than Indemnitor or any other Person or any employee benefit plan Indemnitee has agreed, on behalf of Indemnitor or at Indemnitor’s request, to serve as a director, officer, employee or agent and which service is covered by the indemnity described in this Agreement) from whom an Indemnitee may be entitled to indemnification or advancement of expenses with respect to which, in whole or in part, Indemnitor may also have an indemnification or advancement obligation.

Fund Entities means Affiliates of Purchaser.

Fund Entities means, collectively, the Fund and the Administrator.

Fund Entities means the parties listed in clause (iv) of the definition of Affiliate, as well as any Subsidiaries of any such entity formed or acquired after the date hereof.