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File #: 07-139    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 9/17/2007 In control: EXECUTIVE AND FINANCE COMMITTEE
On agenda: 9/27/2007 Final action: 10/24/2007
Enactment date: 10/15/2007 Enactment #: R-97-07
Title: A RESOLUTION AUTHORIZING CERTAIN LENDING TRANSACTIONS INVOLVING CHEROKEE NATION BUSINESSES, A CHEROKEE NATION TRIBAL LIMITED LIABILITY COMPANY AND AUTHORIZING A LIMITED WAIVER OF SOVEREIGN IMMUNITY
Sponsors: Meredith Frailey
Indexes: Cherokee Nation Businesses, Waiver of Sovereign Immunity
Code sections: N/A - Not Applicable
Attachments: 1. R-97-07
Title
A RESOLUTION AUTHORIZING CERTAIN LENDING TRANSACTIONS INVOLVING CHEROKEE NATION BUSINESSES, A CHEROKEE NATION TRIBAL LIMITED LIABILITY COMPANY AND AUTHORIZING A LIMITED WAIVER OF SOVEREIGN IMMUNITY
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people;
 
WHEREAS, the Cherokee Nation is a federally recognized Indian tribe with a historic and continual government to government relationship with the United States of America, and, as such, the Cherokee Nation enjoys sovereign immunity from suit under federal law;
 
WHEREAS, Cherokee Nation Businesses, LLC ("CNB") (when referenced herein the term includes all entities in which CNB owns an interest) is a for-profit limited liability company organized under the laws of the Cherokee Nation, which is wholly owned by the Cherokee Nation; which company enjoys sovereign immunity from suit under federal law;
 
WHEREAS, pledges or loans of credit and indebtedness of Cherokee Nation-owned entities, including CNB, require approval by the Tribal Council in accordance with Legislative Act 2-03.
 
BE IT RESOLVED BY THE CHEROKEE NATION, that the Cherokee Nation has determined it is both appropriate and necessary that Resolution 13-07 be amended such that CNB is substituted for CNE as the borrower and for any other purposes and that the limit be increased to $125,000,000. The Chief Executive Officer of CNB is hereby authorized to take any action that the CNE CEO was previously authorized to take pursuant to Resolution 13-07.