KLC definition
Examples of KLC in a sentence
JMB hereby accepts the pledge of the Limited Liability Interest by Borrower and agrees that such pledge shall be subject to the applicable provisions of the Limited Liability Company Agreement of Kaanapali Land, LLC (as amended, the “Limited Liability Agreement”), including, without limitation, the provisions thereof concerning the admission of new unit holders to KLC.
KLC hereby joins in this Agreement for the sole purpose of acknowledging the pledge and security interest in the Collateral in accordance with the terms hereof, and to take such further action as may be required under this Section 2.
KLC further agrees to execute and deliver such other documents or instruments as are reasonably requested by JMB to evidence or perfect JMB’s lien in the Limited Liability Interest.
KLC shall also note the existence of JMB’s lien on the Limited Liability Interest in the appropriate books and records of KLC, including, without limitation, KLC’s Limited Liability Interest transfer records.
Upon the satisfaction in full of the Obligations, JMB agrees to execute and deliver such documents or instruments as are reasonably requested by Borrower or KLC to evidence the release of JMB’s lien on the Limited Liability Interest.
In the event KLC receives such written direction from JMB, KLC shall promptly without and unconditionally reissue the Limited Liability Interest in such manner as JMB shall have directed.
Upon and after any default by Borrower under the Note, which default is not cured by Borrower within 15 days after written notice from JMB thereof, and while such default remains uncured, JMB shall have the absolute and unconditional right, without any rights in Borrower whatsoever, to immediately realize on its security interest in the Collateral, with or without notice to Borrower, by directing KLC in writing to effect the transfer of the Limited Liability Interest to JMB or its designee.
In addition, until such time as JMB notifies KLC that this Note has been paid in full, KLC shall pay any distributions made on account of the Limited Liability Interest directly to JMB on behalf of Borrower as a prepayment as required under paragraph 2 of the Note and Section 3 below.
KLC agrees that, so long as the Obligations have not been satisfied in full, Borrower’s Limited Liability Interest in KLC shall be deemed to be a “security” solely for the purposes relating to the granting and perfection of security interests in uncertificated securities set forth in and subject to Articles 8 and 9 of the Uniform Commercial Code of the jurisdiction governing the granting and perfection of such security interests.
E The Native Title Party has authorised the KLC to execute this Agreement on their behalf.