Subject Agreements definition

Subject Agreements means (i) the Amended and Restated Credit Agreement by and among BRE Properties, Inc., as borrower, the lenders party thereto and each of Wachovia Capital Markets, LLC and RBS Securities Corporation, as joint lead arrangers and joint book managers, Wachovia Bank, National Association, as administrative agent, The Royal Bank of Scotland, plc, as syndication agent, and Bank of America, N.A., JPMorgan Chase Bank, N.A. and Deutsche Bank Securities, Inc., as co-documentation agents, entered into as of September 18, 2007, together with all guarantees entered into by any subsidiaries of the Company in connection therewith, (ii) the Contribution Agreement dated as of September 29, 1997, as amended (the “Contribution Agreement”), between the TCR signatories named on Schedule A thereto, the Company and BRE Property Investors LLC, a Delaware limited liability company (the “Operating Company”), together with the guarantee entered into by the Company pursuant to the Contribution Agreement, as amended by Amendment No. 1 to the Contribution Agreement dated November 18, 1997; (iii) the Amended and Restated Limited Liability Company Agreement of the Operating Company, dated as of November 18, 1997 (the “LLC Agreement”); and (iv) the Master Credit Facility Agreement by and among BRE-FMCA, LLC and BRE-FMAZ, LLC, as borrowers, BRE Properties, Inc., as guarantor, and Deutsche Bank Berkshire Mortgage, Inc., as lender, entered into as of April 7, 2009. All amendments, supplements and restatements of the Subject Agreements are listed in clauses (i) through (iv) of the preceding sentence. Except as otherwise described in the General Disclosure Package and the Prospectus or with respect to the Credit Agreement, no subsidiary of the Company is a guarantor of, or is a party to or bound by any instrument or agreement pursuant to which it has guaranteed or may be required to guarantee or cause another subsidiary of the Company to guarantee, any borrowings or other indebtedness of the Company. Except as otherwise described in the General Disclosure Package and the Prospectus or with respect to the Credit Agreement, the Company is not a party to or bound by any instrument or agreement pursuant to which it is or may be required to cause any of its subsidiaries to guarantee any borrowings or other indebtedness of the Company.
Subject Agreements means (i) the Loan Agreement dated as of July 7, 1995 between The Prudential Insurance Company of America and the Company (as successor by merger to Real Estate Investment Trust of California), as amended by the First Amendment to Loan Agreement dated as of April 30, 1996, the Second Amendment to Loan Agreement dated as of November 20, 1996, the Third Amendment to Loan Agreement dated as of February 25, 1997, the Fourth Amendment to Loan Agreement dated as of June 30, 1997 and the Fifth Amendment to Loan Agreement dated as of May 30, 2003, (ii) the Third Amended and Restated Unsecured Line of Credit Loan Agreement dated December 19, 2000 (the “Credit Agreement”) among the Company, Bank of America, N.A. (“Bank of America”), Bank One, N.A., Commerzbank AG, Banc of America Securities, LLC and Wachovia Bank, N.A., together with all guarantees entered into by any subsidiaries of the Company in connection therewith, (iii) the Contribution Agreement dated as of September 29, 1997, as amended (the “Contribution Agreement”), between the TCR signatories named on Schedule A thereto, the Company and BRE Property Investors LLC, a Delaware limited liability company (the “Operating Company”), together with the guarantee entered into by the Company pursuant to the Contribution Agreement, as amended by Amendment No. 1 to the Contribution Agreement dated November 18, 1997; (iv) the Amended and Restated Limited Liability Company Agreement of the Operating Company (the “LLC Agreement”); and (v) the Master Credit Facility Agreement dated as of May 2, 2003 by and between the Company and Prudential Multifamily, Inc., as amended by the First Amendment to Master Credit Facility Agreement made as of March 25, 2004. All amendments, supplements and restatements of the Subject Agreements are listed in clauses (i) through (v) of the preceding sentence. Except as otherwise described in the Prospectus or with respect to the Credit Agreement, no subsidiary of the Company is a guarantor of, or is a party to or bound by any instrument or agreement pursuant to which it has guaranteed or may be required to guarantee or cause another subsidiary of the Company to guarantee, any borrowings or other indebtedness of the Company. Except as otherwise described in the Prospectus or with respect to the Credit Agreement, the Company is not a party to or bound by any instrument or agreement pursuant to which it is or may be required to cause any of its subsidiaries to guarantee any borrowings or other i...
Subject Agreements has the meaning provided in the definition of the termPermitted Liens.”

Examples of Subject Agreements in a sentence

  • In particular, we express no opinion as to the enforceability of any present or future waiver of any provision of law (whether substantive or procedural) or of any right or remedy which might otherwise be available presently or in the future under the Subject Agreements.

  • We express no opinion as to the validity or binding effect of any provision of the Subject Agreements which provides for the severance of illegal, invalid or unenforceable provisions.

  • A Bermuda court may refuse to give effect to any provisions of the Subject Agreements in respect of costs of unsuccessful litigation brought before the Bermuda court or where that court has itself made an order for costs.

  • We express no opinion as to the validity, binding effect or enforceability of any provision incorporated into any of the Subject Agreements by reference to a law other than that of Bermuda, or as to the availability in Bermuda of remedies which are available in other jurisdictions.

  • We express no opinion as to the availability of equitable remedies such as specific performance or injunctive relief, or as to any matters which are within the discretion of the courts of Bermuda in respect of any obligations of the Company as set out in the Subject Agreements.


More Definitions of Subject Agreements

Subject Agreements means, collectively, (a) that certain Patent License Agreement made effective as of January 1, 1997 by and between IntriCon and K/S HIMPP, a partnership organized and existing under the laws of Denmark, and (b) that certain Strategic Alliance Agreement dated as of October 1, 2008 by and between IntriCon and Dynamic Hearing Pty Ltd, a corporation organized and existing under the laws of Victoria, Australia, in each case as the same may be amended, restated, supplemented or otherwise modified from time to time.
Subject Agreements has the meaning assigned to such term in the definition ofSOFR Adjustment.”
Subject Agreements means (i) the Loan Agreement dated as of January 31, 1994 between The Prudential Insurance Company of America and the Company (as successor by merger to Real Estate Investment Trust of California), as amended by the First Amendment to Loan Agreement dated as of July 7, 1995, the Second Amendment to Loan Agreement dated as of April 30, 1996, the Third Amendment to Loan Agreement dated as of November 20, 1996, the Fourth Amendment to Loan Agreement dated as of February 25, 1997 and the Fifth Amendment to Loan Agreement dated as of June 30, 1997, (ii) the Loan Agreement dated as of July 7, 1995 between The Prudential Insurance Company of America and the Company (as successor by merger to Real Estate Investment Trust of California), as amended by the First Agreement to Loan Agreement dated as of April 30, 1996, the Second Agreement to Loan Agreement dated as of November 20, 1996, the Third Amendment to Loan Agreement dated as of February 25, 1997 and the Fourth Amendment to Loan Agreement dated as of June 30, 1997, (iii) the Unsecured Line of Credit Loan Agreement dated as of November 17, 1997 (the "Credit Agreement") between Bank of America
Subject Agreements means (i) the Loan Agreement dated as of January 31, 1994
Subject Agreements means the [*] Agreement, the [*] Agreement and related agreements, the [*] Agreement, and the [*] Agreement.
Subject Agreements means this Agreement, the Disclosure Schedule, the certificates delivered pursuant to Section 2.5(a)(ii), Section 2.5(a)(iii), and Section 2.5(b)(ii) hereof, the FIRPTA Affidavit, the Transition Services Agreement and any other agreement, certificate or document delivered pursuant to any of the aforementioned agreements, certificates or documents.
Subject Agreements has the meaning assigned to such term in Section 9.22(b).