GCM Fund definition
Examples of GCM Fund in a sentence
No existing or hereafter organized GCM Fund shall be deemed a Subsidiary for any purpose.
There is no action, suit, claim, proceeding or arbitration pending or, to the Knowledge of Seller, threatened against Seller, any GCM Entity or any GCM Fund, at law or in equity, before or by any Governmental Authority, which, if adversely determined, would question the validity of, or prevent the consummation of, the Transaction or materially and adversely affect the Acquired Assets, taken as a whole.
From September 30, 2019 to (and including) the Closing Date, an aggregate of $11,931,222 in distributions, dividends or other payments of cash, securities or other property have been made, declared or paid (or deemed under the applicable Portfolio Property Agreements to have been made, declared or paid) by a GCM Fund or a general partner thereof to Seller in relation to or in connection with any Acquired Assets.
Notwithstanding anything to the contrary herein, nothing in this Agreement shall require any Party to, or cause any GCM Entity or GCM Fund to, take or fail to take any action which would reasonably be likely to be inconsistent with the duties of a GCM Entity to a GCM Fund provided that the foregoing provisions of this sentence shall be without prejudice to, and shall not in any way restrict, limit or otherwise affect any of the covenants contained in Articles II and/or V of this Agreement.
Except a fee payable to Ardea Partners in the amount of $2 million (which is payable solely by Seller), Seller has not entered into any agreement to pay any brokers’ or finders’ fees to any Person with respect to this Agreement or the sale of the Acquired Assets contemplated hereby for which the SPV, CPPIB Feeder, CPPIB, any Intermediate Vehicle or any GCM Fund would be directly or indirectly liable.
Except a fee payable to Ardea Partners in the amount of $2 million (which is payable solely by Seller), Seller has not entered into any agreement to pay any brokers’ or finders’ fees to any Person with respect to this Agreement or the sale of the Acquired Assets contemplated hereby for which the SPV, [***] Feeder, [***], any Intermediate Vehicle or any GCM Fund would be directly or indirectly liable.