Equity Return Clause Samples
POPULAR SAMPLE Copied 1 times
Equity Return. In assessing at any particular time either the Equity Return or the ability of Equity Investors to achieve an Equity Return, the Equity Return and such ability shall be determined on the basis that:
(a) neither the Trust Deed nor any contract entered into by or on behalf of the Trustee restricts the ability of the Trustee to distribute net income of the Trust to the holders of the Units;140
(b) the Trustee and the Manager will exercise all their rights and powers to distribute net income of the Trust to holders of the Units;141
(c) for the purpose of projecting future distributions in calculating Equity Return and not otherwise, neither the Trust Deed nor any contract entered into by or on behalf of the Trustee restricts the ability of the Trustee to distribute cash or other receipts to the holders of Units (save that to the extent that clause 15.12 of the Security Trust Deed operates to restrict distributions of cash or other receipts, regard shall be had to those restrictions);142 143
(d) for the purpose of projecting future distributions in calculating Equity Return and not otherwise, the Trustee will exercise all its rights and powers to distribute cash or other receipts to holders of the Units (save that to the extent that clause 15.12 of the Security Trust Deed operates to restrict distributions of cash or other receipts, regard shall be had to those restrictions); and144 145 146
(e) the references in paragraphs (c) and (d) to "clause 15.12 of the Security Trust Deed" are references to that clause in the form immediately prior to the occurrence of the Relevant Circumstances (as defined in the IFA Ninth Amending Deed).147
Equity Return. (a) Each Certificate Holder shall be entitled during the Term to a return on the aggregate amount of its unrepaid Equity Contributions (such unpaid amounts, its "Certificate Holder Amount") calculated at the Applicable Equity Rates, in accordance with the Lease Agreement and the Participation Agreement.
(b) Equity Return on each Certificate shall be payable in arrears on each Payment Date.
Equity Return. (a) The amount of the Equity Investment outstanding from time to time shall accrue yield ("Equity Return") at a rate per annum equal to the Equity Return Rate. Subject to Sections 4.1(b), 8.3 and 8.4, all Equity Investment shall be made and continued as Eurodollar Loans/Equity Investment.
(b) If all or a portion of (i) any Equity Investment, (ii) any Equity Return payable on any Equity Investment or (iii) any other amount payable to the Owner Participants hereunder (whether in respect of interest, fees or other amounts) shall not be paid when due (whether at the stated maturity thereof, by acceleration or otherwise), then such overdue amount shall bear interest, payable on demand, at a rate per annum which is equal to the Overdue Rate (or if no rate is applicable, whether in respect of interest, fees or other amounts, then the sum of (x) 2.00% plus (y) the Base Rate). Without duplication of the foregoing, upon the occurrence and during the continuance of any Lease Event of Default, the Equity Investment and, to the extent permitted by law, Equity Return on Equity Investment and interest on any other amounts owing hereunder or under the other Operative Documents shall bear interest, payable on demand, at a per annum rate of 2% greater than the rate which would otherwise be applicable (or if no rate is applicable, whether in respect of interest, fees or other amounts, then at the Base Rate plus a margin of 2% per annum).
Equity Return. As of the date of Building Completion, TV shall be credited with an amount (an "Equity Base") equal to $3,000,000, less any amount distributed to TV under Section 7.3.2.a(ii). TV's Equity Base shall be reduced, from time to time, by distributions received by TV pursuant to Section 7.3.2.a(ii). A cumulative non-compounding equity return equal to 7.67% per annum (the "Equity Return") shall accrue daily against the daily balance of TV's Equity Base commencing at the date of Building Completion. The Equity Return shall be increased by 3% per annum on the date which is thirteen (13) months after Building Completion (the "Initial Increase Date"), and on each one year anniversary of the Initial Increase Date, but in no event shall the Equity Return exceed 14.75% per annum.
Equity Return. Equity Return shall mean a rate of return on the outstanding Equity Investment at any time equal to the LIBOR Rate unless the LIBOR Rate shall not be in effect, in which case the Alternative Base Rate shall be used to determine the Equity Return.