Capital Formation Sample Clauses

Capital Formation. The Manager shall manage and supervise one or more offerings of interests in the Company, including for each offering (i) selecting the appropriate type of offering; (ii) designing the instrument to be acquired by investors in the offering; (iii) preparing, with the assistance of counsel, the appropriate offering documents and other materials, including but not limited to disclosure materials and subscription agreements; (iv) preparing marketing materials related to the offering; (v) selecting one or more distribution channels for the offering; (vi) reviewing subscriptions from prospective investors; (vii) complying with the laws that apply to the offering, including securities laws; (viii) selecting escrow agents, transfer agents, and other third parties; and (ix) performing all other services required to conduct and complete the offering.
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Capital Formation. Advisor shall, on a best efforts basis, raise equity or debt capital for the Company in private placements or public offerings in such manner and amounts as determined by the Board in its sole discretion from time to time (“Capital Formation Services”). The obligations of Advisor to perform Capital Formation Services under this Agreement shall be limited to private placements and public offerings of equity or debt capital sourced by the Advisor that the Company and Advisor mutually agree are financially viable based on the terms and conditions proposed by the Board (“Qualifying Placement”). The parties hereto acknowledge and agree that Advisor is not rendering legal advice or performing accounting or auditing services as part of the services provided under this Agreement. Advisor shall be free to provide services for other persons, which services shall not be deemed to be in conflict with the services to be performed by Advisor under this Agreement.
Capital Formation. The Manager shall manage and supervise one or more offerings of interests in the Company, including for each offering (i) selecting the appropriate type of offering; (ii) designing the instrument to be acquired by investors in the offering; (iii) preparing, with the assistance of counsel, the appropriate offering documents and other materials, including but not limited to disclosure materials and subscription agreements; (iv) preparing marketing materials related to the offering; (v) selecting one or more distribution channels for the offering;
Capital Formation. Xxx Xxxxxx shall be responsible for raising Five Hundred Thousand U.S. Dollars ($500,000) per 12 month period under this agreement starting June 1, 2000. Said capital shall be raised by legal means, under the supervision and direction of the Board of Directors in the form of the PPM stock offerings by the publicly traded holding corporation, currently known as San Diego Soccer Development Corporation. Due to the commitments and time necessary to perform the capital raising objectives of Employer in addition the necessity to make presentations in the field to prospective investors away from company offices, Xxx Xxxxxx will need to work out of his home office to perform such duties and obligations and will have an office at the company headquarters, and will be present in the company offices only when necessary to perform his obligations, responsibilities and duties under this agreement.
Capital Formation. STRX will provide assistance to CLIENT, as mutually agreed, in preparing client for a public offering of its common shares, preparing essential documents and investor collateral, vetting potential investors, establishing essential professional alliances, recommending strategy and providing advice and assistance during negotiations, as needed.
Capital Formation. Managers will take action to assure that adequate capital structure is afforded to accommodate this transaction and possible future acquisition or merger activities required by New Management. Current Board acknowledge that Managers may or may not be able to raise adequate capital and that all undertakings may be on a "Best Efforts" basis.

Related to Capital Formation

  • Due Formation The Company is a company duly incorporated as an exempted company with limited liability, validly existing and in good standing under the laws of the Cayman Islands. The Company has all requisite power and authority to carry on its business as it is currently being conducted.

  • Name; Formation The name of the Company is “Sunterra Cypress Pointe I Development, LLC.” The Manager may change the name of the Company from time to time. The Company was formed by the filing of the Certificate, and the filing of the Certificate by Xxxx X. Xxxxxxxx as an authorized person within the meaning of the Act is hereby ratified and confirmed in all respects. The Manager agrees to execute and file, in the appropriate governmental jurisdictions, such additional certificates as may be required in the conduct of the Company’s business.

  • Amendment of Limited Liability Company Agreement (a) Except as otherwise provided in this Section 8.1, this Agreement may be amended, in whole or in part, with: (i) the approval of the Board (including the vote of a majority of the Independent Directors, if required by the 0000 Xxx) without the Members approval; and (ii) if required by the 1940 Act, the approval of the Members by such vote as is required by the 0000 Xxx.

  • Limited Liability Company Agreement The Member hereby states that except as otherwise provided by the Act or the Certificate of Formation, the Company shall be operated subject to the terms and conditions of this Agreement.

  • Operating Agreement You haves received and read a copy of the Company’s Operating Agreement (the “Operating Agreement”) and agree that your execution of this Agreement constitutes your consent to and execution of the Operating Agreement, and, that upon acceptance of this Agreement by the Company, you will become a member of the Company as a holder of Shares. When this Agreement is countersigned by the Company, the Operating Agreement shall be binding upon you as of the closing date.

  • Formation The Company has been organized as a Delaware limited liability company by the filing of a Certificate of Formation (the “Certificate”) under and pursuant to the Act.

  • Limited Liability Company Existence (a) During the term of this Agreement, the Depositor will keep in full force and effect its existence, rights and franchises as a limited liability company under the laws of the jurisdiction of its formation and will obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Agreement, the Basic Documents and each other instrument or agreement necessary or appropriate to the proper administration of this Agreement and the transactions contemplated hereby. In addition, all transactions and dealings between the Depositor and its Affiliates will be conducted on an arm’s-length basis.

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