Cash Investments. (a) On the terms and subject to the conditions set forth in this Agreement, from time to time prior to the Facility Termination Date: (i) Seller may request that the Purchaser make Cash Investments in Undivided Interests in the Purchased Assets in accordance with Section 1.3(b), and (ii) the Purchaser hereby agrees to make such Cash Investments by wiring the applicable funds to the Facility Account; provided that under no circumstances shall the Purchaser make any Cash Investment if, after giving effect thereto, an Investment Excess would exist and be continuing.
Cash Investments. As of the Effective Date, each Member has made the cash Capital Contributions set forth opposite such Member’s name under the heading “Cash Investment” on the Information Exhibit and the LLC has issued the Units to such Members as set forth on the Information Exhibit. In addition, within thirty (30) days following the Effective Date and within ninety (90) days following the Effective Date or sooner if requested by the Board (each an “EcoReady Additional Contribution Date”), EcoReady shall make an additional Capital Contribution set forth opposite its name on the Information Exhibit (the “EcoReady Additional Contributions”) to satisfy their Capital Investment Commitment set forth on the Information Exhibit. In the event EcoReady fails to make any EcoReady Additional Contribution in full on or before the applicable EcoReady Additional Contribution Date, EcoReady’s Interest shall be automatically reduced proportionally based on the ratio (expressed as a percentage) of which the EcoReady Additional Contribution(s) that was not made bears to the EcoReady’s Capital Investment Commitment set forth on the Information Exhibit. By way of example, EcoReady’s Capital Investment Commitment set forth on the Information Exhibit is $1,000,000 and if the EcoReady Additional Contribution that EcoReady fails to make is $250,000, then EcoReady’s Interest shall be automatically reduced by 25% to an Interest equal to 30% (i.e., $250,000/$1,000,000 x 40%). As of the Effective Date, each Member’s Capital Account is reflected opposite such Member’s name under the heading “Capital Account” on the Information Exhibit. Such initial Capital Account of each Member as of the Effective Date reflects all transactions contemplated in this Agreement.
Cash Investments. Except as to Excluded Assets, the Borrower will, and will cause each Guarantor to, maintain any and all Cash Equivalents other than bank deposits in such manner as may be required to ensure that the Administrative Agent at all times holds a duly perfected first and sole security interest therein as security for the Obligations.
Cash Investments. All cash, cash equivalents and other short-term investments in the Company or PHPI; provided that such cash, cash equivalents and other short-term investments shall be sufficient (i) to attain statutory net worth, including, without limitation, deposits required of the PHP Group by the State of Florida or otherwise required by Florida statute and regulation or the Medicaid Contract, the Summit Contract or the FHK Contracts to be owned by the PHP Group, (ii) to attain a Closing Book Value of the Required Net Worth and (iii) to equal or exceed the accrued expenses, payables and other current liabilities as reflected on the Closing Balance Sheet (all without duplication);
Cash Investments. Section 2.1(d) of the Agreement shall be deleted in its entirety and replaced with the following:
Cash Investments. All cash, cash equivalents and other short-term investments in the Company or PHPI; provided that such cash, cash equivalents and other short-term investments, which together with any additional capital contributions equal to any Deficit required to be made by Buyer on behalf of the Shareholders in accordance with the terms of the Agreement and this Amendment, shall be sufficient (i) to attain statutory net worth, including, without limitation, deposits required of the PHP Group by the State of Florida or otherwise required by Florida statute and regulation or the Medicaid Contract, the Summit Contract or the FHK Contracts to be owned by the PHP Group, and (ii) to attain a Closing Book Value of the Required Net Worth. Such cash (including, without limitation, any additional capital contributions equal to any Deficit required to be made by Buyer in accordance with the provisions hereof) cash equivalents and other short-term investments in the Company and PHPI shall equal or exceed the accrued expenses, payables and other current liabilities as reflected on the Closing Balance Sheet (all without duplication);”
Cash Investments. The Company, from time to time, may deposit cash with financial or other institutions. The Advisor, as agent for the Company, may direct such institutions to invest such cash in money market accounts, short term interest bearing accounts, repurchase agreements, or other interest bearing financial instruments (collectively, the "Cash Investments") in accordance with criteria established from time to time by the Board of Directors. Such Cash Investments shall not be subject to any additional fees payable to Advisor.
Cash Investments. All xxxxx cash, cash on deposit, and funds in payroll accounts, and all certificates of deposit, bonds, stock and other securities and investments of Seller.
Cash Investments. To keep such portion of the Trust Fund in cash or cash balances as the Trustee may, from time to time, deem to be in the best interests of the Plan, without liability for interest thereon;
