Separateness Provisions definition

Separateness Provisions shall have the meaning given to such term in Section 8.33(c).

Separateness Provisions means Sections 2.4, the first sentence of Section 5.2, 5.3, 9.2 and Article VII of this Agreement.

Separateness Provisions has the meaning specified in Section 5.10.

Examples of Separateness Provisions in a sentence

• Notwithstanding anything in this Agreement to the contrary, the General Partner shall not amend, alter or change any portion of the Separateness Provisions (or any of the definitions in Article I to the extent used in any of the Separateness Provisions) without the consent of each of the Partners (including all Independent Directors of the General Partner then serving in such capacity).

• Borrower is, and has at all times since its formation been, in compliance with the Separateness Provisions.

• Each Loan Party (other than Intermediate Subsidiary) is, and has at all times since its formation been, in compliance with the Separateness Provisions.

• The Collateral Manager shall not in any way interfere with or frustrate the Borrower’s compliance with the provisions of Section 5.05 of this Agreement or the Separateness Provisions.

• Borrower is, and has at all times since its formation been, in compliance with the Separateness Provisions set forth in Section 5.11.

More Definitions of Separateness Provisions

Separateness Provisions shall have the meaning set forth in Section 8.1(c).

Separateness Provisions means the provisions contained in Sections 3 and 5(e) of the Amended and Restated Trust Agreement of the Borrower.

Separateness Provisions shall have the meaning as described as such term in Section 7.3 hereof.

Separateness Provisions. (i) maintain books and records and bank accounts separate from those of any other Person; (ii) maintain its assets in such a manner that it is not costly or difficult to segregate, identify or ascertain such assets; (iii) comply with all organizational formalities necessary to maintain its separate existence; (iv) hold itself out to creditors and the public as a legal entity separate and distinct from any other entity; (vi) maintain separate financial statements, showing its assets and liabilities separate and apart from those of any other Person and not have its assets listed on any financial statement of any other Person except that each of Borrower’s and Operating Lessee’s assets may be included in a consolidated financial statement of its’ Affiliate so long as appropriate notation is made on such consolidated financial statements to indicate the separateness of each of Borrower and Operating Lessee from such Affiliate and to indicate that each of Borrower’s and Operating Lessee’s assets and credit are not available to satisfy the debts and other obligations of such Affiliate or any other Person; (vii) prepare and file its own tax returns separate from those of any Person to the extent required by applicable law, and pay any taxes required to be paid by applicable law; (viii) allocate and charge fairly and reasonably any common employee or overhead shared with Affiliates; (ix) not enter into any transaction with any Affiliate, except on an arm’s-length basis on terms which are intrinsically fair and no less favorable than would be available for unaffiliated third parties, and pursuant to written, enforceable agreements (and for the purposes herein the Asset Management Agreement and the Development Management Agreement are each deemed to be entered into an arm’s-length basis on terms which are intrinsically fair and no less favorable than would be available for unaffiliated third parties); (x) conduct business in its own name and use checks bearing its own name; (xi) not commingle its assets or funds with those of any other Person; (xii) not assume, guarantee or pay the debts or obligations of any other Person; (xiii) correct any known misunderstanding as to its separate identity; (xiv) not permit any Affiliate to guarantee or pay its obligations (other than limited guarantees and indemnities set forth in the Loan Documents); (xv) not make loans or advances to any other Person; (xvi) pay its liabilities and expenses out of and to the extent of its own fu...

Separateness Provisions shall have the meaning assigned and ascribed to such term as set forth in Section 3.1(b) of this Agreement.

Separateness Provisions has the meaning specified in each Loan Party’s Organization Documents.

Separateness Provisions has the meaning ascribed to such term in that certain Section hereof entitled Separateness Covenants.