Capital Increase. If the Capital Increase is not offered granting the option right in accordance with Recital D., the execution of the Capital Increase will require and will be subject to a vote in favour of one director designated by Richemont.
Capital Increase. 2.1Capital Increase Prior to the signature of this Agreement, the Target Company signed relevant capital increase agreements with Liaoning Haitong Innovation Securities Investment Co., Ltd. (hereinafter referred to as “Haitong Innovation Securities”), Liaoning Haitong New Kinetic Energy Equity Investment Fund Partnership (L.P.) (hereinafter referred to as “Haitong New Kinetic Energy”) and Liaoning Haitong New Energy Low-carbon Industry Equity Investment Fund Co., Ltd. (hereinafter referred to as “Haitong New Energy”). According to agreements, Haitong Innovation Securities, Haitong New Kinetic Energy and Haitong New Energy increased an investment in RMB equivalent to USD 10 million, USD 9 million and USD 3.5 million respectively to the Target Company based on the pre-investment valuation of USD 624 million (the specific amount shall be calculated as per the middle rate of USD against RMB (i.e. 1 U.S. dollar = RMB 6.6205) announced by the People's Bank of China on 2:00 p.m., November 13, 2020, i.e. Haitong Innovation Securities makes an investment of RMB 66.205 million, Haitong New Kinetic Energy adds an investment of RMB 59.5845 million and Haitong New Energy adds an investment of RMB 23.17175 million respectively) (the above are collectively known as “Haitong capital increase”). Prior to the signature of this Agreement, the Target Company signed relevant capital increase agreements with Fujian Province Anxin Industry Investment Fund Partnership (L.P.) (hereinafter referred to as Anxin Industry Investment), Jinggangshan Meicheng Equity Investment Partnership (L.P.)( hereinafter referred to as Xxxxxxxxxxxx Xxxxxxxx), Xxxxx Xxxxxxx Xxxxx 0 Integrated Circuit Industry Investment Partnership (L.P.)( hereinafter referred to as Huadeng Phase 2), Qingdao Xinxingyi Equity Investment Fund Partnership (L.P.)( hereinafter referred to as Qingdao Xinxing), Qiji (Hangzhou) Investment Co., Ltd.(hereinafter referred to as Hangzhou Qiji), Gongqingcheng Yihua Tongze Investment Partnership (L.P.)( hereinafter referred to as Gongqingcheng Yihua). According to agreements, Anxin Industry Investment, Jinggangshan Xxxxxxxx, Xxxxx Xxxxxxx Xxxxx 0, Xxxxxxx Xinxing, Hangzhou Qiji and Gongqingcheng Yihua increased an investment in RMB equivalent to USD 6.797 million, USD 4.531 million , USD 5.287 million, USD 3.021 million, USD 3.021 million and USD 1.343 million respectively to the Target Company based on the pre-investment valuation of USD 624 million (the specific amount shal...
Capital Increase up to the fifth (5th) business day after the completion of acquisition of the ARACRUZ SHARES, VCP may call a Special Shareholders’ Meeting in order to pass resolutions on an increase of the capital stock (“AGE Call Notice”) in a minimum amount corresponding to the BNDESPAR Investment plus the VID Investment and the maximum amount of four billion, two hundred and fifty-five million Reais (R$4,255,000,000.00), with the issuance of new common and preferred shares at an issuance price of nineteen Reais (R$19.00) each, determined based on the criterion set forth in article 170, paragraph 1, item III of Law 6404/76 (the “Corporation Law”) for private subscription (the “Capital Increase”).
Capital Increase. The Company and the Loan Parties shall procure that the stated share capital of (i) any Loan Party incorporated in Germany as a limited liability company (Gesellschaft mit beschränkter Haftung) or (ii) any general partner of a Loan Party which is established in Germany as a limited liability partnership or a partnership (GmbH & Co. KG / GmbH & Co. oHG) will not be increased without the prior written consent of the Agent. Notwithstanding anything in this Agreement to the contrary, (i) during any period of time that (A) the Ratings Condition has been satisfied and, as of the applicable date of determination, has remained satisfied for an uninterrupted period of at least 30 consecutive days, and (B) no Event of Default has occurred and is continuing (the simultaneous occurrence of both of the events described in the foregoing clauses (A) and (B) being collectively referred to as a “Covenant Suspension Event”), the Company and the Restricted Subsidiaries will not be required comply with the terms of Sections 5.02(c), 5.02(d), 5.02(e), 5.02(k) and 5.02(m) collectively, the “Suspension Covenants”), and (ii) during any period of time when a Covenant Suspension Event shall have occurred and be continuing and the Interest Coverage Ratio is greater than or equal to 2.00:1.00 (as determined on a Pro Forma Basis, giving effect to each anticipated indebtedness incurrence event, as of the end of the fiscal quarter immediately preceding such date), the Company and the Restricted Subsidiaries will not be required to comply with the terms of clauses (i) through (xi) of Section 5.02(b) (but, for the avoidance of doubt, will still be required to comply with the proviso at the end of Section 5.02(b)) of such Section 5.02(b) (the “Suspension Debt Covenant”). In the event that the Company and the Restricted Subsidiaries are not required to comply with the Suspension Covenants or the Suspension Debt Covenant for any period of time as a result of the foregoing, and on any subsequent date (the “Reversion Date”) the Ratings Condition is not satisfied (or in the case of the Suspension Debt Covenant, the Interest Coverage Ratio shall be less than 2.00:1.00 as of such date), then the Company and the Restricted Subsidiaries will thereafter again be required to comply with the Suspension Covenants, and the Suspension Debt Covenant with respect to any future events or transactions. Notwithstanding that the Suspension Covenants and the Suspension Debt Covenant may be reinstated, no Defaul...
Capital Increase. Within sixty (60) calendar days following the Closing Date, the Company shall create sufficient capital to be able to issue all Warrant Shares issuable pursuant the Warrants.
Capital Increase. 2.1 The Founders [and the Investors] shall hold an extraordinary shareholders’ meeting (the “SHM”) and resolve on an ordinary share capital increase of the Company from currently EUR […] by EUR […] to EUR […] by issuance of […] new shares (“New Shares”) in the nominal amount of EUR […] each against cash contribution (the “Capital Increase”). The statutory subscriptions rights shall be excluded and SBC shall be admitted to subscription of all New Shares at the price of the nominal value per New Share.
Capital Increase. The Terra Board shall execute the approval of the shareholders of Terra to increase the share capital of Terra against a contribution in kind (Aumento con aportaciones no dinerarias) and shall register such action pursuant to the Deed of Capital Increase with the Commercial Registry immediately following receipt of the Lycos Virginia Certificate.
Capital Increase. 1.1 Subject to the terms and conditions herein, the Parties agree that Party B makes capital increase to Party A with a trust capital of RMB150 million, in which RMB90 million is used to increase Party A’s registered capital and the remaining portion is recorded into Party A’s capital reserve. After Party B’s capital increase to Party A, Party A’s registered capital and equity structure are as follows: Shareholder Registered capital (RMB10k) Shareholding percentage Party B 9,000 90 % Party C 1,000 10 % Total 10,000 100 %
Capital Increase. If all the Directors determine that: (i) the Company requires additional finance; but (ii) Third Party Finance is not available on reasonable commercial terms, the Company will seek to raise further financing through the issue of shareholder instruments, subject to the approval of Shareholders in accordance with paragraph 2 of Schedule 4.
Capital Increase. 2.1 Subject to the terms and conditions set out in this Agreement, the Issuer shall proceed to increase the Issuer’s capital by a unanimous vote of the Board of Directors within the framework of the authorised capital (“toegestane kapitaal”/“capital autorisé”), on the basis of a special board report in accordance with article 7:198 juncto articles 7:179, 7:191 and 7:193 of the Belgian Code of Companies and Associations (a draft of which is attached as Annex 1).
