Fundamental Decision has the meaning set forth in Section 3.3(g).
Fundamental Decision has the meaning set forth in Section 3.4.
Fundamental Decision means a decision made by the Board respecting the exercise of a power or the performance of a duty or function pursuant to a provision of this Act that expressly provides for the exercise of the power or the performance of the duty or function subject to Sections 31 to 37;
Examples of Fundamental Decision in a sentence
The sole and exclusive Special Power to determine if a decision is a Fundamental Decision, being guided solely by Independent Manager’s judgment in interpreting the provisions of the agreements as modified by this Agreement.
The continuation of those actions and transactions is not a Fundamental Decision.
In addition, the St. George Housing Authority could extend its service to Santa Clara.
Decisions regarding Restricted Payments are not a Fundamental Decision.
For the avoidance of doubt, except as provided in the next sentence, a failure of the appropriate Members to Consent to any matter that is the subject of a Major Decision, Fundamental Decision or Termination Decision shall not be subject to the provisions of this Article 13.
More Definitions of Fundamental Decision
Fundamental Decision means any authorization, direction, approval, determination, waiver, amendment or consent which would have the effect of:
Fundamental Decision means (i) any amendment, modification or termination of this Agreement, except for amendments or modifications that would not materially and disproportionately (as compared to the other Partners) diminish the rights or increase the obligations of a Partner, and only to the extent such amendments or modifications are necessary to reflect (A) the admission of any Partner in accordance with the terms of this Agreement, or (B) any other actions contemplated by this Agreement; (ii) dissolving, terminating or winding up the Partnership; (iii) taking any action that would require any Impacted Partner or one or more Affiliates of any Impacted Partner to provide any Credit Support (for the avoidance of doubt, without limiting any Credit Support provided prior to the date of the applicable For Cause Event), (iv) a merger or recapitalization of the Partnership or any of the Subsidiary(ies) (i.e., any action described in item (vi)(a) of Exhibit B), provided, for the avoidance of doubt, that the term “recapitalization” as used in this clause (iv) shall not include any action described in item (vii) of Exhibit B), (v) except as otherwise provided in Sections 8.1(c)(i) and 11.2, the admission of a Partner, (vi) taking any action described in items (i), (v), (x), (xiv) and (xviii) of Exhibit B, (vii) Approvals contemplated under the definitions of For Cause Event and Gross Asset Value and under Sections 4.2(d), 4.4, 7.6, 8.1(c)(i), 8.5, 8.6, 11.1, 11.5, 11.6, 13.3(c), 14.17, 14.19, 14.21 and 16.2, and (viii) taking any action materially inconsistent with Section 3.
Fundamental Decision means (A) the admission of a new member into the Company (other than as specifically authorized under Section 8), (B) the formation of any Company Entity, or, with respect to any Company Entity, any merger, consolidation, or other similar arrangement, or the entry into of any joint venture, partnership, limited liability company, or other entity or business combination, (C) the lending of Company Entity funds to, or directly or indirectly providing any Credit Enhancement for, any Person, (D) the acquisition of any real property by the Company or any Company Entity, except as provided in the Approved Business Plan last approved by the Delinquent Member, (E) the entering into by the Company of any transaction with any Member or any Affiliate of any Member, except on terms and conditions generally available from third-parties providing similar goods and services of similar quality in the same geographical location as the Project, (F) any amendment of this Agreement that would materially and adversely affect the Delinquent Member disproportionately to the Non-Delinquent Member, (G) any act or omission that would cause the Delinquent Member or its Affiliates to have any liability under a Recourse Document, other than acts in the ordinary course of the business of the Company and consistent with the Approved Business Plan last approved by the Delinquent Member (for example, making draws under a Project Loan or providing guaranties required to obtain subdivision improvement bonds), and (H) a sale of the Project, except as contemplated in the Approved Business Plan last approved by the Delinquent Member.
Fundamental Decision means (i) any amendment, modification or termination of this Agreement, except for amendments or modifications which would not have a disproportionate adverse effect on a Member who otherwise would not be permitted to vote, or (ii) dissolving, terminating or winding up the Company if the Company Property has not been sold in accordance with this Agreement.
Fundamental Decision means a decision of the Company with respect to any of the following actions:
Fundamental Decision means a decision which seeks to implement a major change to the manner in which (a) Member Authority (ies) carries (y) out its (their) functions and/or which has or is likely to have a significant impact on any Member Authority’s revenue or capital expenditure.
Fundamental Decision means: (c) Modifying the application of funds provisions of the Accounts Agreement described under “—Account Flows,” other than Insurance/Condemnation Proceeds Account; (d) Modifying any of the provisions of the granting clauses of the Security Agreement or the Pledge Agreement or any other provision of the Financing Documents governing the granting of or priority of the Liens over the Security; and (e) Modifying the definition of “Project Completion Date” as set out in the Common Terms Agreement.