Operating Joint Venture definition
Examples of Operating Joint Venture in a sentence
The Operating Joint Venture shall have agreed to employ at their current locations each person who is an employee of the Company immediately prior to the Effective Time (the "Affected Employees") on terms no less favorable in the aggregate (including with respect to position, duties, responsibilities, compensation, incentives and location) than those provided on the date hereof to the Affected Employees.
In the event that COI does not accept the offer to become a party to the Operating Joint Venture, Crescent shall promptly take all necessary action to provide another entity to serve in that capacity at the Effective Time (COI or the entity serving in such capacity being referred to herein as the "JV Parent").
Administrative Agent or any Issuer and their Affiliates may accept deposits from, lend money to, act as Trustee under indentures of, lend money to, own securities of, act as financial advisor to, and generally engage in any kind of business with the Borrower, any Restricted Subsidiary or Operating Joint Venture or their Affiliates, all as if it were not Administrative Agent or an Issuer hereunder and without any duty to account therefor to any other Lender.
The Operating Joint Venture shall have caused each Buyer Plan to waive (i) any preexisting condition restriction or (ii) waiting period limitation which would otherwise be applicable to an Affected Employee on or after the Effective Time.
The Operating Joint Venture shall have agreed to honor without modification or contest, and to make required payments when due under, all Company Plans (as defined herein, but without regard to materiality) in accordance with their terms as of the date of this Agreement (as modified to the extent permitted by this Agreement).
The Operating Joint Venture shall have assumed all obligations under and adopted the Company Plans (other than the Stock Plans referred to in Section 5.8), without regard to materiality.
The Operating Joint Venture shall have agreed to provide each Affected Employee with benefits that are at least equivalent in the aggregate to the benefits provided to each such Affected Employee immediately prior to the Effective Time.
Pursuant to the obligation of Crescent Real Estate Equities Limited Partnership ("Crescent OP") to offer the opportunity to participate in the Operating Joint Venture to COI under that certain Intercompany Agreement to which they are parties, promptly following the date of this Agreement, Crescent will cause Crescent OP to make such offer.
The obligations of the JV Parent to execute the JV Parent Guarantee and Crescent to execute the Crescent Guarantee as to any person shall be conditioned on such person accepting employment with the Operating Joint Venture.
Lender Parties may waive or amend such provisions as they desire without any notice to or consent of Borrower or any Restricted Subsidiary or Operating Joint Venture.