Proofs in Section Ec Clause Samples
Proofs in Section Ec
Term Section Appraisal 2.1(a)(v) Assumed Agreements 1.1 Assumed Liabilities 1.5 Attorney-in-Fact 5.1(a) Charitable Electing Participant 1.8(b)(ii)(C) Charitable Participant Recital H Class A Common Stock Recital B Class B Common Stock Recital D Closing 2.2 Closing Date 2.2 Closing Documents 2.3 Code Recital B Common Stock Recital D Company Preamble Consent 3.1(d) Consent Solicitation 1.8(a) Consolidation Transaction Recital D Contributed Assets 1.1 Contributed Properties Recital A Contributing Entities Recital A Contribution and Assumption Agreement 1.1 Contributor Preamble Disclosure Letter 3.3 Dispute 7.9(a) DTC Registered REIT Stock 1.8(c) Effective Date Preamble Excluded Assets 1.4 Excluded Liabilities 1.6 Existing Loan 1.7(a) Existing Loan Documents 1.7(a) Existing Loan Fees 1.7(b) Existing Loan Indemnity Agreement 1.7(a) Existing Loan Release 1.7(a) Formation Transactions Recital A Ground Lease Estoppel 2.1(b)(viii) Initial Filing Date 1.7(a) IPO Recital B IPO Closing 2.2 IPO Closing Documents 2.4(b) Leases 1.1 Lender 1.7(a)(i) Lock-up Agreement 2.4(b)(ii) Non-Accredited Participant 1.8(b)(ii)(A) Management Companies Recital A Material Contracts 3.3(p) OP Units Recital D Operating Partnership Preamble Optional Contributing Entities Recital A Optional Contributed Properties Recital A Optional Property Interests Recital A Other Contributors Recital A Participant Recital E Power of Attorney 5.1(a) Principals Recital G Property Recital C Public Electing Participant 1.8(b)(ii)(B) Property Interests Recital A Registration Rights Agreement 2.4(b)(i) REIT Recital B Representation, Warranty and Indemnity Agreement Recital G Requisite Consent 2.1(a)(i) SEC 2.1(a)(ii) Sellers Recital H Tax Protection Agreement Recital G Tenant Estoppel 2.1(b)(viii) Termination Date 1.10 Title Company 2.1(b)(vi) Title Policies 2.3(j) Total Consideration 1.8(a) Transfer 3.3(t)(i) Value 1.8(a)
Trustee May File Proofs of Claim In case of any judicial proceeding relative to the Company (or any other obligor upon the Securities), its property or its creditors, the Trustee shall be entitled and empowered, by intervention in such proceeding or otherwise, to take any and all actions authorized under the Trust Indenture Act in order to have claims of the Holders and the Trustee allowed in any such proceeding. In particular, the Trustee shall be authorized to collect and receive any moneys or other property payable or deliverable on any such claims and to distribute the same; and any custodian, receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the Holders, to pay to the Trustee any amount due it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 607. No provision of this Indenture shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof or to authorize the Trustee to vote in respect of the claim of any Holder in any such proceeding; provided, however, that the Trustee may, on behalf of the Holders, vote for the election of a trustee in bankruptcy or similar official and be a member of a creditors' or other similar committee.
Amendment of Section 8 15(b). Section 8.15(b) of the Existing Credit Agreement is hereby amended in its entirety to read as follows:
Trustee to Sign Amendments, etc The Trustee will sign any amended or supplemental indenture authorized pursuant to this Article 9 if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. The Company may not sign an amended or supplemental indenture until the Board of Directors of the Company approves it. In executing any amended or supplemental indenture, the Trustee will be entitled to receive and (subject to Section 7.01 hereof) will be fully protected in relying upon, in addition to the documents required by Section 12.04 hereof, an Officers’ Certificate and an Opinion of Counsel stating that the execution of such amended or supplemental indenture is authorized or permitted by this Indenture.
Pursuant to Section 2.1 of this Agreement, the Seller conveyed to the Trust all of the Seller’s right, title and interest in its rights and benefits, but none of its obligations or burdens, under the Purchase Agreement including the Seller’s rights under the Purchase Agreement and the delivery requirements, representations and warranties and the cure or repurchase obligations of AmeriCredit thereunder. The Seller hereby represents and warrants to the Trust that such assignment is valid, enforceable and effective to permit the Trust to enforce such obligations of AmeriCredit under the Purchase Agreement. Any purchase by AmeriCredit pursuant to the Purchase Agreement shall be deemed a purchase by the Seller pursuant to this Section 3.2 and the definition of Purchased Receivable.