Whippoorwill Account definition

Whippoorwill Account shall have the meaning set forth in the Preamble.
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Whippoorwill Account. Each partnership or account which enters into this Agreement as a Buyer through execution and delivery hereof by Whippoorwill Associates, Incorporated as its agent or General Partner.
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Examples of Whippoorwill Account in a sentence

  • With respect to any obligations hereunder assumed by any Whippoorwill Account, such obligations shall be several and not joint and shall be limited to the percentage held by such Whippoorwill Account of the total Common Equivalent Shares held by all such Whippoorwill Accounts, and no such Whippoorwill Account shall be liable for any obligation of any other Whippoorwill Account.

  • Each of Xxxxx, Xxxxxx Xxxxxxx and each Whippoorwill Account shall be a "Secured Lender" for so long as each remains bound hereby, and all Secured Lenders bound hereby shall collectively constitute, the "Lender Group").

  • Neither the execution and delivery of this Agreement or the Registration Rights Agreement by any Whippoorwill Account nor the consummation by any Whippoorwill Account of the transactions contemplated hereby nor compliance by any Whippoorwill Account with any of the provisions hereof will conflict with or result in any breach of any provision of such Whippoorwill Account's formative documents.

  • Each Whippoorwill Account is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and has all requisite power and authority to own and use its properties and to carry on its business as now being conducted, except where the failure to have such power and authority would not have a material adverse effect on such Whippoorwill Account.

  • Failure to provide required documentation will have a negative impact on the performance evaluation process.

  • Very truly yours, Whippoorwill Associates, Inc., as general partner of and/or agent for, each Whippoorwill Account By: -------------------------------- Name: ------------------------------- Its: -------------------------------- Address: 00 Xxxxxxx Xxxxxx Xxxxx Xxxxxx, XX 00000 Attn: Xxxxx Xxxxxxxxxxx ACCEPTED AND AGREED TO: Arch Communications Group, Inc.

  • Each Whippoorwill Account acknowledges that the Whippoorwill Shares and the Common Stock into which such Shares are convertible will be subject to transfer restrictions as more fully set forth in Section 6.3 hereof.

  • Whippoorwill Associates, Incorporated has all requisite authority and power to execute and deliver this Agreement and the Registration Rights Agreement on behalf of each Whippoorwill Account and to consummate the transactions contemplated hereby.

  • With respect to any obligations hereunder assumed by any Whippoorwill Account, such obligations shall be several and not joint and shall be limited to the percentage held by such Whippoorwill Account of the total Shares held by all such Whippoorwill Accounts, and no such Whippoorwill Account shall be liable for any obligation of any other Whippoorwill Account.

Related to Whippoorwill Account

  • Sub-Account means any of the individual sub-accounts of a Participant's Separate Account that is maintained as provided in Article VIII.

  • Investment Account As defined in Section 3.12(a).

  • L/C Cash Deposit Account means an interest bearing cash deposit account to be established and maintained by the Agent, over which the Agent shall have sole dominion and control, upon terms as may be satisfactory to the Agent.

  • Cash Account has the meaning set forth in Section 2.1(a)(ii).

  • Member Account means the regular account and the variable account.

  • Seller’s Bank Account shall have the meaning set forth in Section 3.2(b).

  • Direct Account : means any Account which is not an ISA Account.

  • Seller Account shall have the meaning set forth in the preamble of this Agreement.

  • Subsidy Account If the Trust Estate contains any Subsidy Loans, the deposit account or accounts created and maintained by the Servicer for deposit of Subsidy Funds and amounts payable under interest subsidy agreements relating to mortgage loans other than the Mortgage Loans.

  • Online Account means the Bank account from which you will be conducting transactions using a Service;

  • FT Account Pool #: Mortgagor's Name, Address and Zip Code: Mortgage Loan Number: Reason for Requesting Documents (check one)

  • Bank Account means one or more accounts opened, maintained and operated by the Portfolio Manager with any of the Scheduled Commercial Banks in accordance with the agreement entered into with the Client.

  • Eligible Deposit Account means either (a) a segregated account with an Eligible Institution or (b) a segregated trust account with the corporate trust department of a depository institution organized under the laws of the United States of America or any one of the states thereof or the District of Columbia (or any domestic branch of a foreign bank), having corporate trust powers and acting as trustee for funds deposited in such account, so long as any of the securities of such depository institution shall have a credit rating from each Rating Agency in one of its generic rating categories that signifies investment grade.

  • Client Account means the unique personalized account of the Client consisting of all Completed Transactions, Open Positions and Orders on the Platform, the Balance of the Client money and deposit/withdrawal transactions of the Client money. It is understood that the Company may use the term Trading Account or Account on its Website or communications, which shall mean your Client Account.

  • Nominated Bank Account means MDL’s bank account as notified by MDL to the other Party from time to time.

  • Commercial account means an arrangement whereby a retail distributor sells hazardous chemicals to an employer, generally in large quantities over time and/or at costs that are below the regular retail price.

  • Profit Sharing Account means any one of the accounts so designated and provided for in Section 6.01.

  • Designated Bank Account means the relevant bank account designated by each Holder;

  • Principal Funding Account shall have the meaning specified in subsection 4.03(a)(i).

  • Company Contribution Account means (i) the sum of the Participant’s Company Contribution Amounts, plus (ii) amounts credited or debited to the Participant’s Company Contribution Account in accordance with this Plan, less (iii) all distributions made to the Participant or his or her Beneficiary pursuant to this Plan that relate to the Participant’s Company Contribution Account.

  • Current Account means a form of demand deposit wherefrom withdrawals are allowed any number of times depending upon the balance in the account or up to a particular agreed amount and will also include other deposit accounts which are neither Savings Deposit nor Term Deposit.

  • Controlled Deposit Account means each deposit account (including all funds on deposit therein) that is the subject of an effective Control Agreement and that is maintained by any Loan Party with a financial institution approved by the Administrative Agent.

  • Personal Account means any account owned by, or in the name of, an OppenheimerFunds Employee or Access Person in which Securities may be held or any such account in which an Employee (including an Access or Investment Person) has a Beneficial Interest.

  • Settlement Account means an account established at a financial institution designated by Merchant as the account to be credited and debited by the Servicers for Transactions, Card Fees, Chargebacks and other amount assessed by a Card Association and passed- through to Merchant pursuant to the terms of this Agreement.

  • Restricted Account means an account at Xxxxx Fargo Bank, N.A. associated with the Loan to which Borrower’s access is restricted. Capitalized terms used in these Additional Terms and Conditions to Disbursement Instruction Agreement and not otherwise defined herein shall have the meanings given to such terms in the body of the Agreement.

  • Pre-Funding Account means the account designated as the Pre-Funding Account in, and which is established and maintained pursuant to Section 7.07.