Governing Agreement definition

Governing Agreement means any agreement, contract, instrument or document of any kind, excluding this Agreement, between you and one or more ▇▇ ▇▇▇▇▇▇ Entities as to which, in each case, you have any Obligation or hold any rights against any ▇▇ ▇▇▇▇▇▇ Entity, that is executed before, on, or after the date of this Agreement.

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Governing Agreement means with respect to any Purchased Asset, the pooling and servicing agreement, indenture or similar agreement.

Governing Agreement means (a) with respect to Initial Borrower, the Initial Borrower Operating Agreement, and (b) with respect to any other Borrower, the partnership agreement or operating agreement, as applicable of such Borrower, including, without limitation, any applicable Side Letters, as it may be further amended, restated or supplemented from time to time. References to the Governing Agreement, unless otherwise specified, will be deemed to be references to the Governing Agreement of Initial Borrower, but will refer, as applicable, to the equivalent provisions of the Governing Agreement of any other applicable Person.

Examples of Governing Agreement in a sentence

• No Secured Party has any liability, obligation, or responsibility whatsoever with respect to any Borrower Party’s use of the proceeds of the Loans, and no Secured Party is obligated to determine whether or not any Borrower Party’s use of the proceeds of the Loans are for purposes permitted under the applicable Governing Agreement or such Constituent Documents.

• To the knowledge of each Borrower Party, no Investor is in default under the applicable Governing Agreement or its Subscription Agreement.

• Nothing, including, without limitation, any Loan Credit Extension or acceptance of any other document or instrument, will be construed as a representation or warranty, express or implied, to any party by any Secured Party as to whether any Investment is permitted by the terms of the applicable Governing Agreement or the Constituent Documents of any Qualified Borrower.

• Nothing contained in this Section 12.16 or in any of the other provisions of the Loan Documents will be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Borrower Party, or of any Investor to make its Capital Contributions to the applicable Borrower in accordance with the terms of the applicable Governing Agreement and its Subscription Agreement.

More Definitions of Governing Agreement

Governing Agreement means the Member Funds’ Service Agreement or other agreement governing VGI’s provision of management, administrative or other services to the relevant Subject Fund.

Governing Agreement or “Governing Agreements” shall refer to, depending on Borrower’s form of organization, (i) Borrower’s bylaws, operating agreement, partnership agreement, or like document, in each case, together with any and all other voting agreements or other documents evidencing any agreement between the holders of the ownership interests of Borrower and Borrower’s interests therein, and any amendments or modifications to any of the foregoing, and (ii) Borrower’s charter, articles of organization, certificate of limited partnership, statement of partnership authority, or like document evidencing the formation and/or the holders of the ownership interests of Borrower, and any amendments or modifications to any of the foregoing, all in accordance with the terms of this Assignment.

Governing Agreement means the general terms and conditions which govern this Schedule.

Governing Agreement means the agreement or agreements which govern the issuance and the payment of the Securities including without limitation a private placement memorandum or a prospectus.

Governing Agreement means (a) with respect to the Initial Borrower, the Initial Borrower Limited Liability Company Agreement, (b) with respect to the Aggregator Fund, the Aggregator Fund Governing Agreement and (c) with respect to any other Borrower, the partnership agreement or operating agreement, as applicable, of such Borrower, including, without limitation, any applicable Side Letters, as it may be further amended, restated or supplemented from time to time.

Governing Agreement means the master terms and conditions which govern this Schedule.

Governing Agreement means the general terms to which this Schedule is attached or as included or linked to in an Order and that form part of the Contract. Where this Schedule is not attached to general terms or where a Governing Agreement is not included or linked to in an Order then the General Terms will apply.