Company Investments. 18 5.05 Authority...................................................... 18 5.06 Consents and Approvals; No Violation........................... 18 5.07 SEC Reports; Financial Statements.............................. 19 5.08 Proxy Statement; Offer Documents............................... 19 5.09
Company Investments. Except as set forth in the Disclosure Schedule, the Company neither owns nor has the right to acquire, directly or indirectly, any interest or investment (whether equity or debt) in any corporation, partnership, joint venture, business, trust or entity, other than non-controlling investments made in the ordinary course of business and corporate partnering, development, cooperative marketing and similar undertakings and arrangements entered into in the ordinary course of business.
Company Investments. Company does not directly or indirectly own any equity or similar interest in, or any interest convertible or exchangeable or exercisable for, any equity or similar interest in, any Entity.
Company Investments. During the Commitment Period, CRS shall endeavor to identify and cause the Company to acquire properties generally conforming with the Investment Criteria identified from time to time by CRS for possible acquisition by the Company (“Proposed Investments”). With respect to each Proposed Investment, the Company shall deliver to the Board a report which shall contain the information set forth in Schedule 3.1(a) attached hereto (an “Investment Report”). The Board shall have ten (10) Business Days from the date of the delivery of the Investment Report within which to approve or disapprove the commencement of due diligence for the possible acquisition of the Proposed Investment by the Company. In the event that the Board does not take any action within such ten (10) Business Day period, the Board shall be deemed to have disapproved the Proposed Investment. Upon the Approval of the Board in accordance with this Section 3.1, the Company shall perform or cause to be performed the due diligence procedures set forth on Schedule 3.1(b) (the “Due Diligence Procedures”). Upon completion of the Due Diligence Procedures, the Company shall report the results of the due diligence review to the Board for its Approval. The Board shall thereafter have two (2) Business Days to review the results of the due diligence review, and, if the information regarding such Proposed Investment obtained through the Due Diligence Procedures is acceptable to the Board, the Board shall authorize and direct the Officers to complete the acquisition of such Proposed Investment. If the Board shall fail to Approve a Proposed Investment within two (2) Business Days after receiving the results of the due diligence review, then such Proposed Investment shall be deemed disapproved. In the event the Board disapproves the Proposed Investment, then the Member or its Affiliates whose Board members voted to approve such Proposed Investment shall be permitted to acquire such Proposed Investment on terms not materially more favorable than those offered to the Company.
Company Investments. Except as described in Section 2.11 of the Company Disclosure Schedule, the interests in the Company Investments owned by the Company or a Company Subsidiary are owned free and clear of all liens, encumbrances and claims other than those contained in the agreements evidencing such Company Investments. Except as described in Section 2.11 of the Company Disclosure Schedule, there presently is no outstanding subscription, contract, convertible or exchangeable security, option, warrant, call, or other right obligating the Company or any Company Subsidiary to sell, exchange, or otherwise dispose of, or to purchase, redeem, or otherwise acquire, any interest in the Company Investments; no such rights disclosed in Section 2.11 of the Company Disclosure Schedule will remain outstanding at the Closing.
Company Investments. Unless otherwise determined by the Board, including at least one of the Preferred Directors, any cash that the Company invests shall be invested in the following categories of investment: (i) direct debt obligations of, and obligations guaranteed by the United States Treasury; (ii) shares in money market mutual funds registered under the Investment Company Act of 1940, with credit quality rating AAA by Standard & Poor (or equivalent rating); or (iii) overnight cash sweep accounts issued by one or more major United States bank(s). The Company shall invest such cash in United States dollar investment securities only, and such investments must be placed through more than one institution unless the investments are United States Treasury securities.
Company Investments. 15 Section 3.2 Members . . . . . . . . . . . . . . . . . . . . . . 15 Section 3.3
Company Investments. Section 5.16 Company Material Adverse Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 5.1
Company Investments. The Company shall have an aggregate of net cash, net cash equivalents and net proceeds of immediately liquid (meaning without discount due to timing of sale) securities holdings of not less than €1.7 million.
