New Capital. The Instructing Group and the Last Out Requisite Lenders shall be satisfied with (i) the terms and amount of the 7.5% convertible notes due 2019 to be issued pursuant to the terms of the New Capital Commitment Agreement and (ii) the form of the New Capital Commitment Agreement (including the provision of legal opinions in form and substance reasonably satisfactory to the Instructing Group and the Last Out Requisite Lenders relating to the New Capital Commitment Agreement and the capacity and authority of the Backstop Commitment Providers party thereto to enter into the New Capital Commitment Agreement and to perform their obligations thereunder).
New Capital. Borrower shall have received unrestricted New Capital of, (i) [****], (ii) [****] and (iii) [****], each of the foregoing measured on a cumulative basis beginning on January 1, 2013.
New Capital. (a) In the event that the Company from ----------- time to time requires capital in addition to the aggregate Capital Commitments and the Board of Directors approves pursuant to Section 3.2(b) the raising of additional capital ("New Capital") by the Company, each Shareholder shall have the preferential right to subscribe to such New Capital in proportion to its Interest as of the date of the notice described in Section 2.8(c). All New Capital shall be in the form of loans to the Company ("Shareholder Loans"), unless the Board of Directors approves the issuance of New Capital in a form other than debt. Shareholder Loans may be made directly by a Shareholder or by an Affiliate of a Shareholder. No Shareholder shall transfer, or allow any Affiliate of such Shareholder to transfer, any Shareholder Loan except (i) to an Affiliate of such Shareholder or (ii) concurrently with, in proportion to, and to the same party as, a Transfer of any Shares by such Shareholder in accordance with Section 7.1. Each Shareholder shall transfer, and shall cause any Affiliate of such Shareholder to transfer, any Shareholder Loan concurrently with, in proportion to, and to the same party as, a Transfer of any Shares by such Shareholder in accordance with Section 7.1. If an Affiliate of a Shareholder shall cease to be an Affiliate of such Shareholder, then, prior to such time, such Shareholder shall cause such Affiliate to transfer any Shareholder Loans held by it to such Shareholder.
New Capital. If at any time during the LLC's term there are ----------- insufficient LLC Reserves (after consideration of Deferred Capital Contributions) to pay the debt service, operating expenses, or other expenses or costs necessary to operate the Property, the Members shall have the authority to raise additional capital by selling additional Ownership Interests, first to Members and, if necessary, to non-Members. The Members must first offer any new Ownership Interests pro rata to the existing Members, excluding any Members in default under Section 2.6, upon such terms and conditions, and for such prices, as are proposed for sale to third parties. If the Members do not purchase all the new Ownership Interests within twenty (20) days of notice, then the remaining new Ownership Interests may be offered to non- Members on the same terms and conditions. Such new Members shall be admitted to the LLC upon purchase of the new interests and completion of all required documentation.
New Capital. Unimedia shall have, at the Closing, $7.0 million in cash or cash equivalents resulting from new subscriptions to Unimedia shares by one or more persons in Unimedia made subsequent to the date of this Agreement (and from sales to such persons of the shares of CMG Common Stock acquired by Unimedia in CMG's private placement described below). All new investors shall, in connection with their investment in Unimedia, be provided with copies of the CMG Reports and shall agree to be bound by the terms of this Agreement. Additionally, it is acknowledged by CMG that in connection with its purchase of shares from CMG in CMG's private placement, Unimedia will incur debt in an amount up to $2.0 million, which debt will be repaid from the $7.0 million required to be available at the Closing under this Section 6.12. Between the date of this Agreement and the Closing Date, Unimedia shall raise the funds required to be available at the Closing to satisfy the condition to Closing set forth in this Section 6.12 and, pursuant to Section 12.1(d), if these funds are not raised by that date, CMG shall have the right to cancel this Agreement. To the extent that Unimedia has paid any portion of the debt related to the acquisition of the shares of CMG Common Stock prior to the Closing (or, to the extent that the new subscribers pay any of such debt before the Closing), the amount of such debt previously paid will reduce the $7.0 million required to be available at the Closing under this Section 6.12 on a dollar for dollar basis.
New Capital. Lender and Borrowers agree that Section 20 of the Loan Agreement is hereby amended in its entirety to read as follows:
New Capital. On or before September 30, 2010, Borrower must furnish Lender with satisfactory evidence that Borrower has raised a minimum of $700,000 in new capital in a manner acceptable to Lender. If, on or before September 30, 2010, Borrower furnishes Lender with satisfactory evidence that Borrower has raised a minimum of $700,000 in new capital in a manner acceptable to Lender, thereafter the limitation on the value of Finished Goods contained in the Borrower Base Limitation definition shall be increased from $250,000 to $1,000,000.
New Capital. Borrower and Guarantor shall use the capital obtained from any sale of stock or other equity to pay any Obligations owing to the Lender. Borrower covenants not to issue any stock or equity without providing Lender with three days prior written notice.
New Capital. On or before August 31, 1998, the third party source of the New Capital shall have paid the New Capital to Agent to repay Term Loan D in full and to reduce the outstanding balance of the Revolving Loan. If such New Capital is not paid to Agent by August 31, 1998 then, in addition to any other rights or remedies set forth in this Agreement: (i) a complete orderly liquidation value appraisal of Borrower's Equipment at Borrower's expense and in form and substance acceptable to Agent shall be completed and delivered to Agent by October 15, 1998, and (ii) effective September 1, 1998, the Interest Rate for all Base Rate Loans and all LIBOR Loans shall be increased by 100 basis points above the existing rate.
New Capital. Deposit. Break-Up Fee. ETECH shall secure total capital of $500,000 (the "New Capital"), which will be funded to IMPV as follows:
