Lessor Investments Sample Clauses

Lessor Investments. The Company and Lessor acknowledge and agree that all fundings of “Lessor Advances” and “Lease Participant Advances” (as each of such terms was defined in the Original Investment and Participation Agreement) were duly made pursuant to the Original Investment Agreement and that, before the date hereof, all “Lessor Commitments” and “Lease Participant Commitments” (as each of such terms was defined in the Original Investment and Participation Agreement) expired or were terminated in their entirety. All parties hereto as of the Restatement Closing Date acknowledge and agree that (i) pursuant to the Initial Master Assignment and Acceptance (which is deemed to be effective immediately before the effectiveness of this Agreement), Lessor accepted 100% of the Lessor Investments from all Lease Participants; (ii) pursuant to the terms of this Agreement and the Secondary Master Assignment and Acceptance (which is deemed effective contemporaneously herewith), all such Lessor Investments outstanding immediately before the effectiveness of this Agreement are hereby deemed to be recharacterized such that they constitute A Percentage Lessor Investments and B Percentage Lessor Investments (with a portion of the B Percentage Lessor Investments being in excess of the Non-Recourse Amount and the remainder being attributable to the Non-Recourse Amount); and (iii) pursuant to the Secondary Master Assignment and Acceptance, each of the Lease Participants under this Agreement have accepted from Lessor such A Percentage Lessor Investments and/or B Percentage Lessor Investments (and, consequently, related A Percentage Ownership Interests and B Percentage Ownership Interests) as are indicated in the Secondary Master Assignment and Acceptance and, as of the Restatement Closing Date, the signature pages hereof.
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Lessor Investments. All parties hereto as of the Restatement Closing Date acknowledge and agree that (i) pursuant to the Third Master Assignment and Acceptance (which is deemed to be effective immediately before the effectiveness of this Agreement), Lessor accepted 100% of the Lessor Investments from all Lease Participants; (ii) pursuant to the terms of this Agreement and the Fourth Master Assignment and Acceptance (which is deemed effective contemporaneously herewith), all such Lessor Investments outstanding immediately before the effectiveness of this Agreement are hereby deemed to be recharacterized such that they constitute A Percentage Lessor Investments and B Percentage Lessor Investments; and (iii) pursuant to the Fourth Master Assignment and Acceptance, each of the Lease Participants under this Agreement have accepted from Lessor such A Percentage Lessor Investments and/or B Percentage Lessor Investments (and, consequently, related A Percentage Ownership Interests and B Percentage Ownership Interests) as are indicated in the Fourth Master Assignment and Acceptance and, as of the Restatement Closing Date, Schedule 2.01(a) hereof.
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Lessor Investments. The Lessor agrees with the Company, on the ------------------ terms and conditions of this Agreement, but without regard to whether the Lessor receives any Lease Participant Advances pursuant to Section 2.01(b), to make Lessor Investments by making Lessor Advances to the Acquisition/Construction Agent during the period from and including the Initial Funding Date up to and including the Completion Date, in an aggregate principal amount at any one time outstanding up to but not exceeding the amount of the Lessor Investment Commitment. All Lessor Advances shall be utilized only for items of Facility Cost, which utilization shall be evidenced to the Lessor's satisfaction simultaneously with and as a condition to each Lessor Advance.
Sample 1
Lessor Investments. The Lessor agrees with the Company, on the terms and conditions of this Agreement, to make Lessor Investments by making Lessor Advances to the Acquisition/Construction Agent during the period from and including the Initial Funding Date up to and including the Completion Date, in an aggregate principal amount at any one time outstanding up to but not exceeding the amount of the Lessor Investment Commitment plus the amount of related Lease Participant Advances made pursuant to Section 2.01(b). All Lessor Advances shall be utilized only for items of Facility Cost, which utilization shall be evidenced to the Lessor's reasonable satisfaction simultaneously with and as a condition to each Lessor Advance. The Lessor hereby assigns to the Company all of its rights to enforce the Lease Participant Commitments, and the Lessor shall have no obligation to fund any amounts in excess of its Lessor Investment Commitment, net of the aggregate amount of Lease Participant Commitments.
Sample 1

Related to Lessor Investments

  • Successor Investment Company Unless this Agreement has been terminated in accordance with Paragraph 11, the terms and provisions of this Agreement shall become automatically applicable to any investment company which is a successor to the Trust as a result of reorganization, recapitalization or change of domicile.

  • Other Investments Other than equity securities held in the ordinary course of business for cash management purposes, the Company does not own or hold the right to acquire any equity securities, ownership interests or voting interests (including voting debt) of, or securities exchangeable or exercisable therefor, or investments in, any other Person.

  • SUCCESSOR INTERESTS Subject to the limitations set forth above on transfer of the Collateral, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns.

  • TRANSACTIONS WITH OTHER INVESTMENT ADVISERS The Advisor is not an affiliated person of any investment adviser responsible for providing advice with respect to any other series of the Trust, or of any promoter, underwriter, officer, director, member of an advisory board or employee of any other series of the Trust. The Advisor shall not consult with the investment adviser of any other series of the Trust concerning transactions for the Fund or any other series of the Trust.

  • Allocations Between Transferor and Transferee If a Partner transfers any part or all of its Partnership Interest, the distributive shares of the various items of Profit and Loss allocable among the Partners during such fiscal year of the Partnership shall be allocated between the transferor and the transferee Partner either (i) as if the Partnership’s fiscal year had ended on the date of the transfer, or (ii) based on the number of days of such fiscal year that each was a Partner without regard to the results of Partnership activities in the respective portions of such fiscal year in which the transferor and the transferee were Partners. The General Partner, in its sole and absolute discretion, shall determine which method shall be used to allocate the distributive shares of the various items of Profit and Loss between the transferor and the transferee Partner.

  • Acquisition for Investment The Purchaser is a “non-US person” as defined in Regulation S, acquiring the Shares solely for the its own account for the purpose of investment and not with a view to or for sale in connection with a distribution to anyone. 投资目的。购买人是符合规则S下定义的“非美国主体”，购买此合同下的股票仅出于其个人的投资目的，不是为了向其他人分销。

  • Investment Related Property Each Grantor recognizes that, by reason of certain prohibitions contained in the Securities Act and applicable state securities laws, the Collateral Agent may be compelled, with respect to any sale of all or any part of the Investment Related Property conducted without prior registration or qualification of such Investment Related Property under the Securities Act and/or such state securities laws, to limit purchasers to those who will agree, among other things, to acquire the Investment Related Property for their own account, for investment and not with a view to the distribution or resale thereof. Each Grantor acknowledges that any such private sale may be at prices and on terms less favorable than those obtainable through a public sale without such restrictions (including a public offering made pursuant to a registration statement under the Securities Act) and, notwithstanding such circumstances, each Grantor agrees that any such private sale shall be deemed to have been made in a commercially reasonable manner and that the Collateral Agent shall have no obligation to engage in public sales and no obligation to delay the sale of any Investment Related Property for the period of time necessary to permit the issuer thereof to register it for a form of public sale requiring registration under the Securities Act or under applicable state securities laws, even if such issuer would, or should, agree to so register it. If the Collateral Agent determines to exercise its right to sell any or all of the Investment Related Property, upon written request, each Grantor shall and shall cause each issuer of any Pledged Stock to be sold hereunder, each partnership and each limited liability company from time to time to furnish to the Collateral Agent all such information as the Collateral Agent may request in order to determine the number and nature of interest, shares or other instruments included in the Investment Related Property which may be sold by the Collateral Agent in exempt transactions under the Securities Act and the rules and regulations of the Securities and Exchange Commission thereunder, as the same are from time to time in effect.

  • Subsequent Investment The Company and the Buyers agree that, upon the filing by the Company of the Registration Statement to be filed pursuant to the Registration Rights Agreement (the "Filing Date"), the Buyers shall purchase additional Notes (the "Filing Notes") in the aggregate principal amount of Seven Hundred and Fifty Thousand Dollars ($750,000) and additional warrants (the "Filing Warrants") to purchase an aggregate of 350,000 shares of Common Stock, for an aggregate purchase price of Seven Hundred and Fifty Thousand Dollars ($750,000), with the closing of such purchase to occur within five (5) days of the Filing Date; provided, however, that the obligation of each Buyer to purchase the Filing Notes and the Filing Warrants is subject to the satisfaction, at or before the closing of such purchase and sale, of the conditions set forth in Section 7. The Company and the Buyers further agree that, upon the declaration of effectiveness of the Registration Statement to be filed pursuant to the Registration Rights Agreement (the "Effective Date"), the Buyers shall purchase additional notes (the "Effectiveness Notes" and, collectively with the Filing Notes, the "Additional Notes") in the aggregate principal amount of One Million Dollars ($1,000,000) and additional warrants (the "Effectiveness Warrants" and, collectively with the Filing Warrants, the "Additional Warrants") to purchase an aggregate of 466,620 shares of Common Stock, for an aggregate purchase price of One Million Dollars ($1,000,000), with the closing of such purchase to occur within five (5) days of the Effective Date; provided, however, that the obligation of each Buyer to purchase the Additional Notes and the Additional Warrants is subject to the satisfaction, at or before the closing of such purchase and sale, of the conditions set forth in Section 7; and, provided, further, that there shall not have been a Material Adverse Effect as of such effective date. The terms of the Additional Notes and the Additional Warrants shall be identical to the terms of the Notes and Warrants, as the case may be, to be issued on the Closing Date. The Common Stock underlying the Additional Notes and the Additional Warrants shall be Registrable Securities (as defined in the Registration Rights Agreement) and shall be included in the Registration Statement to be filed pursuant to the Registration Rights Agreement.

  • Existing Investments Ball Metal Food Container, LLC, has a loan to Xxxxx Creek Vegetable Company for an original principle amount of $14,000,000 under the Subordinated Term Loan Agreement dated February 28, 2014 Owner Investment 12/31/14 Balance Ball Corporation Xxx Soon-Ball Yamamura Inc. (Taiwan Supreme Metal Packaging) $ 1,425,516 Ball Southeast Asia Holdings (Singapore) PTE Ltd. Thai Beverage Can LTD. 1,276,605 Ball Metal Beverage Container Corp Rocky Mountain Metal Container, LLC 7,021,426 Ball Cayman Limited Latapack S.A. 111,543,610 Ball Cayman Limited Latapack—Ball Embalagens LTDA 84,733,433 Ball Packaging Europe GmbH BKV, Germany 137,979 Ball Packaging Europe Associations GmbH Forum Getrankedose GbR mbH 20,718 Ball Packaging Europe Handelsgesellschaft mbH OKO-PANNON Kht 9,485 Ball Packaging Europe Handelsgesellschaft mbH EKO-KOM a.s. Czech Republic 3,560 Ball Packaging Europe Handelsgesellschaft mbH Slopak, Slovenia 8,044 Ball Packaging Europe Handelsgesellschaft mbH ECO-ROM Ambalaje S.A. 2,082 Ball Packaging Europe UK Ltd. Green Dot Company Ltd., Cyprus 2 Ball Packaging Europe Belgrade d.o.o. SEKOPAK d.o.o., Belgrade 30,512 Ball International Holdings B.V. TBC-Ball Beverage Can Holdings Limited 22,972,000 Ball Asia Pacific Limited Ball Asia Pacific (Hubei) Metal Container Limited 51,872,213 Aerocan S.A.S. Copal S.A.S. 9,238,560 Ball Packaging Europe GmbH SARIO GRUNDSTICKS- VERMIETUNGSGESELLSCHAFT mbH & CO. OBJEKT ELFI 12,306 Ball Trading Germany GmbH, Germany Bund Getränkeverpackungen der Zukunft GbR, Germany 121,560 Ball Packaging Europe Holding BV, The Netherlands Ball Packaging India, India (99)% (2)157,182 Ball Packaging Europe Oss BV, The Netherlands Ball Packaging India, India (1)% (3)1,588 - All equity investments & loans held by the Company and its Subsidiaries with ownership of < 100%

  • Initial Credit Event Before or concurrently with the initial Credit Event:

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