Apollo may take possession of the Vehicle without prior demand to You, and at Your expense, if there has been a Substantial Breach of this Agreement. In such circumstances You irrevocably authorise Apollo, its employees and agents to enter any property where the Vehicle is situated and You indemnify Apollo, its employees and agents to the extent permitted by law from claims by any person resulting from such entry and retaking of the Vehicle.
Apollo is not responsible for any accommodation charges, meals, change of itinerary or out of pocket expenses resulting from a breakdown of the Vehicle or as a result of any accident.
Apollo. Type of Interests Number of Interests Contribution Value of Contribution ----------------- ------------------- ------------ --------------------- Class A 10,000 Cash $40,000,000 Interests Total: 10,000 $40,000,000 New Valley: ---------- Type of Interests Number of Interests Contribution Value of Contribution ----------------- ------------------- ------------ --------------------- Class B 1,400 Expenditures Interests as set forth $10,000,000 in Section 2.4(d) and Cash Total: 1,400 $10,000,000 BrookeMil: ---------- Type of Interests Number of Interests Contribution Value of Contribution ----------------- ------------------- ------------ --------------------- Class C 6,381 Promissory Note $ 45,980,553 Interests for Interests in the Russian LLC (for Ducax Xxxce II) 2,219 Promissory Note $ 15,985,954 for Interests in the Russian LLC (for Ducax Xxxce III) Total: 8,600 $ 61,966,507 Total for all ------------- Members: 20,000 $111,966,507 -------
Apollo. Type of Interests Number of Interests Contribution Value of Contribution ----------------- ------------------- ------------ --------------------- Class A 5 Cash $20,000 Interests New Valley: ----------- Type of Interests Number of Interests Contribution Value of Contribution ----------------- ------------------- ------------ --------------------- Class B 5 Expenditures $ 5,000 Interests Total Interests Issued: 10 $25,000 At the Initial Closing, Apollo made a loan of $11,000,000 to the Company (the "Apollo Loan") which was represented by a promissory note in favor of Apollo dated February 27, 1998 (the "Promissory Note") which Promissory Note was secured by the pledge of 99.1% of the outstanding shares of the capital stock of BrookeMil under a pledge agreement between Apollo and New Valley dated as of February 27, 1998 (the "Pledge Agreement"). The entire amount of the Apollo Loan was disbursed to the order of the Company by wire transfer in immediately available funds to the account specified in such wire instructions on the Initial Closing Date.
Apollo. Type of Interests Number of Interests Contribution Value of Contribution ----------------- ------------------- ------------ --------------------- Class A 3,186 $9,000,000 in Cash $9,000,000 Interests 3,895 Conversion of $11,000,000 Apollo Loan Total Since 7,086 $20,020,000 Initial Closing: New Valley: ----------- Type of Interests Number of Interests Contribution Value of Contribution ----------------- ------------------- ------------ --------------------- Class B 700 Expenditures $5,000,000 Interests as set forth in Section 2.4(d) Total Since 705 $5,005,000 Initial Closing: BrookeMil: ---------- Type of Interests Number of Interests Contribution Value of Contribution ----------------- ------------------- ------------ --------------------- Class C 6,381 Promissory Note $45,980,553 Interests for Interests in the Russian LLC (for Ducax Xxxce II) Total Since 6,381 $45,980,553 Initial Closing: Total for All ------------- Members Since 14,172 $71,005,553 ------------- Initial Closing: --------------- The entire amount of the Apollo Loan (including the principal and any interest accrued thereon) shall be converted into the Class A Interests at the Initial Subsequent Closing, to be credited as a contribution by Apollo in the amount of $11,000,000 towards the aggregate subscription amount set forth in Section 2.4(a), which contribution, upon such conversion, shall be considered made for the purposes of this Agreement as of the Initial Closing Date. For the avoidance of doubt, upon the conversion of the Apollo Loan into the Class A Interests as set forth herein, the Apollo Loan shall be terminated and no payment of principal, interest or any other amounts shall be due thereon.
Apollo. Each Apollo Holder hereby irrevocably appoints Apollo Management VI as of the date hereof, with power of designation and assignment as its true and lawful attorney-in-fact and agent with full power of substitution, to act solely and exclusively on behalf of, and in the name of, such Apollo Holder, with the full power, without the consent of such Apollo Holder, as applicable, to exercise in its sole discretion as Apollo Management VI deems appropriate, the powers that such Apollo Holder could exercise hereunder with respect to all of its rights and obligations hereunder and to take all actions with respect thereto necessary or appropriate in the judgment of Apollo Management VI in connection with this Agreement. The Company and any Historic Holder shall be entitled to rely exclusively upon and deal exclusively with Apollo Management VI on behalf of any and all Apollo Holders with respect to all matters relating to this Agreement and the transactions contemplated hereby, and shall be entitled to rely conclusively upon any notices, documents, instructions and other acts of Apollo Management VI relating to the Apollo Holders’ rights and obligations hereunder as being legally binding acts of each Apollo Holder individually and collectively. No Apollo Holder shall have any cause of action against the Company or any Historic Holder for any action taken or omitted to be taken by the Company or any Historic Holder, as applicable, in reliance upon the written instructions or decisions of Apollo Management VI. The Company and any Historic Holder shall deliver any notice or document required or permitted hereunder to be delivered to Apollo or an Apollo Holder to Apollo Management VI.
Apollo. Type of Interests Number of Interests Contribution Value of Contribution ----------------- ------------------- ------------ --------------------- Class A 4,800 Cash $9,000,000 Interests New Valley: ----------- Type of Interests Number of Interests Contribution Value of Contribution ----------------- ------------------- ------------ --------------------- Class B 4,800 Expenditures $3,000,000 Interests as set forth in Section 2.4(c) Total for All ------------- Members 9,600 $12,000,000 -------
Apollo. Authorised Driver means any driver approved by Apollo and whose name is noted in Rental Vehicle Agreement Part A as an authorised driver;
Apollo. Apollo Management IV, L.P. and its Permitted Transferees.
Apollo. Apollo shall merge into ARI and ARI shall issue to the merged entity's shareholders, ARI common stock and thereby acquire all of Apollo's right, title and interest in and to the Property (hereinafter described)(the "Merger") in the manner provided in that certain Merger Agreement ("Merger Agreement") attached hereto as Exhibit "N" and made a part hereof.
