Institutional Investor. Any organization described in Section 501(c)(3) of the Internal Revenue Code, corporation, Massachusetts, or similar business trust or partnership, not formed for the specific purposes of acquiring the Shares offered through the Memorandum, with total assets in excess of $5,000,000.
Institutional Investor. Such Lender is a sophisticated institutional investor and an “accredited investor” as defined in paragraph (1), (2), (3) or (7) of Rule 501(a) of the Securities Act, and has knowledge and experience in financial and business matters and is capable of evaluating the merits and risks of its investment in the Notes and is able to bear the economic risk of such investment. Such Lender has been given such information concerning the Notes, the other Operative Documents, the Leased Property, the Lessor and the Lessee as it has requested.
Institutional Investor. The transferee of any Class A Units pursuant to such Disposition shall be (x) an Institutional Investor or a Person whose obligations under this Agreement are guaranteed by an Institutional Investor and (y) prior to the expiration of the Forbearance Term (as defined in the Forbearance Agreement), an Approved Investor.
Institutional Investor. The Lessor is a sophisticated institutional investor and an “accredited investor” as defined in paragraph (1), (2), (3) or (7) of Rule 501(a) of the Securities Act, and has knowledge and experience in financial and business matters and is capable of evaluating the merits and risks of its investment in the Lessor’s Interest and is able to bear the economic risk of such investment. The Lessor has been given such information concerning the Lessor’s Interest, the other Operative Documents, the Leased Property, the Collateral Agent, the Lenders and the Lessee as it has requested.
Institutional Investor. Such Participant is a sophisticated institutional investor and an "accredited investor" as defined in paragraph (1), (2), (3) or (7) of Rule 501(a) of the Securities Act, and has knowledge and experience in financial and business matters and is capable of evaluating the merits and risks of its investment in the Notes or the Certificates and is able to bear the economic risk of such investment. Such Participant has been given such information concerning the Notes and the Certificates, the other Operative Agreements, the Assets, the Lessor and the Lessee as it has requested.
Institutional Investor. An "INSTITUTIONAL INVESTOR" shall mean any person considered to be an "accredited investor" under Rule 501(a)(i) of Regulation D under the 1933 Act; PROVIDED, HOWEVER, that "Institutional Investor" shall not include (i) any entity that the Company, in its good faith and reasonable business judgment, determines is a significant competitor of the Company or (ii) any Majority Owned Subsidiary.
Institutional Investor. CarrAmerica Realty Corporation is a real estate investment trust under the Internal Revenue Code and its net worth exceeds $50 million. CarrAmerica Realty Corporation's Annual Report on Form 10-K for the year ended December 31, 1996 and its Quarterly Report for the quarter ended March 31, 1997 do not contain an untrue statement of material for fact or omit to state any factor that would be material, and since the dates and periods of such reports there has been no material adverse change in the financial position of CarrAmerica Realty Corporation.
Institutional Investor. Such Lender is a sophisticated institutional investor, and has knowledge and experience in financial and business matters and is capable of evaluating the merits and risks of its investment in the Convertible Notes and the Conversion Stock and is able to bear the economic risk of such investment. Such Lender has been given such information concerning the Convertible Notes and the Conversion Stock upon conversion of the Convertible Notes and the other Loan Documents as it has requested.
Institutional Investor. An Institutional Investor shall be defined as any entity which is organized to invest in, lend to, or purchase interests or securities of public or private companies or projects, and is organized as a limited liability company, partnership, unit investment trust, trust, limited company, public limited company, management company or otherwise, including, without limitation, investment funds, hedge funds, venture capital funds, private equity funds, institutions, insurance companies, mutual funds, or investment partnerships (including affiliates thereof) who are not Espré Inside Investors. FIRST AMENDED ESPRE/ACKRELL AGREEMENT JANUARY 18, 2008 Page 8
Institutional Investor. The Trust is a sophisticated institutional investor and it is capable of assessing the merits of and understands (on its own behalf or through independent professional advice), and accepts the terms, conditions and tax, legal, financial and accounting risks and consequences of each Transaction. The Trust is also capable of assuming, and assumes, the financial and other tax, legal, financial and accounting risks and consequences of each Transaction. No counterparty of the Trust is or will be acting as a fiduciary in connection with any Transaction Agreement or any Transaction (including by virtue of the counterparty’s reservation or exercise of any rights it may have in connection with any Transaction Agreement or any Transaction).
