Other Investment Sample Clauses

Other Investment. An investment made by the Borrower, any Guarantor or any Subsidiary which has been or is designated by the Borrower at the time of investment or from time to time as an “Other Investment” (including an investment company but excluding the Newco Investment); provided that (a) such investment would not jeopardize MCRC’s status as a REIT, (b) subject to the next sentence, such investment is Without Recourse to the Person making such investment and the liability of the Person making such investment is limited solely (including in any insolvency proceeding affecting such Person) to the amount so invested, (c) if the Person making such investment exercises any management or control responsibilities, such management and/or control shall be exercised through a so-called “bankruptcy-remote entity” and (d) such investment complies with the requirements of §9.8(b) hereof. Notwithstanding anything contained in the foregoing definition to the contrary, an investment may still be an Other Investment if it provides for (i) guaranties of completion, (ii) guaranties of payment (which shall be included in Consolidated Total Liabilities), (iii) environmental guaranties and indemnities, and/or (iv) other typical recourse carve-outs from otherwise long-term, non-recourse debt, such as for fraud, waste, misappropriation of proceeds and material misrepresentations.
Other Investment. Other investment unrelated to the specific Project but included in the contractual commitments made by the Proponent. For example, a company may commit to construction of a building as a condition of receiving a TPC investment, although the building is not directly part of the project.
Other Investment. The capital tranxactionx in caxh, depoxitx, loanx and financial inxtrumentx that cannot be xubxumed under any other category added up to more than EuR 6,ooo million on both the axxetx and the liabilitiex xide, which made for a practically balanced other invextment account in the firxt quarter (net capital importx: EuR l8o million). A breakdown of thix outcome by xector and region xhowx the following developmentx: The Oewæ increaxed itx claimx from the entry offxetting the tranxfer of part of the NCBx‘ rexerve axxetx to the ECB, amounting to EuR l,l8o million in accordance with the Eu Treaty, which went hand in hand with a reduction of rexerve axxetx. At the xame time, the OeNB augmented itx net liabilitiex from the item nonrexidentx‘ depoxitx at the OeNB by EuR 6,l2o million in the firxt quarter of l999, mainly on account of the fact that the OeNB axxumed a new role in the operation of the payment xyxtem TARLET. Qomestic banbs raixed their xhort–term depoxitx abroad, while nonrex– ident invextorx withdrew fundx from Auxtrian bankx. On balance, thexe tranxactionx rexulted in a net capital export of EuR 5,92o million. An aggregate analyxix of both xectorx xhowx net capital exportx on the order of EuR l,l6o million. In the reporting period, capital tranxactionx on both xidex of the other invextment account with the euro area rexulted in net capital exportx of EuR 6,5oo million, which comparex with net capital importx to the amount of EuR 6,88o million with nonrexidentx.
Other Investment. The other invextment item of the Auxtrian financial account regixtered a net capital export of EuR 2,8lo million in 2ooo, which contraxtx with a net capital import of EuR 5,94o million in l999. Thix wax axcribable to croxx–border xhiftx in depoxitx and loanx influenced particularly by bankx. Auxtrian net new invextment abroad tripled on l999 to EuR l5,68o million. The gain wax attributable predominantly to lending abroad (EuR lo,o8o million) and the increaxe in depoxitx abroad (EuR 4,65o million). About a third of loanx went to Central and Eaxtern European countriex. Nonrexident invextment in Auxtria, which totaled EuR l2,86o million, almoxt excluxively focuxed on domextic bankx. Two thirdx of depoxitx and loanx, which xurged from EuR S,4lo million to EuR 8,56o million in the period under review, were axcribable to the euro area. Non–euro area countriex, by contraxt, invexted a reduced EuR 4,loo million (l999: EuR 9,59o million) in Auxtria in the year 2ooo. According to the sectoral analysis of the other invextment item, bankx (including the OeNB) for the firxt time in five yearx again exported capital, namely EuR 94o million, in the reporting period. Nonbankx (general government and other xectorx) likewixe exported EuR l,85o million net in 2ooo.
Other Investment. Promptly following the execution and delivery of this Agreement, the Company shall use its commercially reasonable efforts to consummate as promptly as practicable and in no event more than five Business Days after the Closing the private placement of shares of its Common Stock and warrants to purchase shares of its Common Stock (the “Other Securities”) to one or more accredited investors (the “Other Investors”) for aggregate gross proceeds of at least $2,000,000 (the “Other Investment”). The terms and conditions of the Other Investment (including, but not limited to, the terms of the Other Securities) shall be substantially the same as those set forth in the Transaction Documents but in any event no more favorable to the Other Investors than the terms and conditions of the Transaction Documents.

Related to Other Investment

  • 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.

  • Other Investors As part of the Offering, the Company proposes to also enter into a Stock Purchase Agreement with certain other investors (the “Other Investors”), and the Company expects to complete sales of Shares to them. (The Investor and the Other Investors are hereinafter sometimes collectively referred to as the “Investors,” and this Agreement and the Stock Purchase Agreements executed by the Other Investors are hereinafter sometimes collectively referred to as the “Agreements.”) The Company may accept executed Agreements from Investors for the purchase of Shares commencing upon the date on which the Company provides the Investors with the proposed purchase price per Share and concluding upon the date (the “Subscription Date”) on which the Company has notified U.S. Bancorp Xxxxx Xxxxxxx Inc. (in its capacity as placement agent for the Shares, the “Placement Agent”) in writing that it is no longer accepting Agreements for the purchase of Shares in the Offering (which shall not be later than the Closing Date). Each Investor must complete the Stock Purchase Agreement, the Stock Certificate Questionnaire (attached as Exhibit A hereto) and the Investor Questionnaire (attached as Exhibit B hereto) in order to purchase Shares in the Offering.

  • Investments of a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;

  • PIPE Investment (a) Acquiror has delivered to the Company true, correct and complete copies of each of the Subscription Agreements entered into by Acquiror with the applicable PIPE Investors named therein, pursuant to which the PIPE Investors have committed to provide equity financing to Acquiror solely for purposes of consummating the Transactions in the aggregate amount of not less than $225,000,000 (the “PIPE Investment Amount”). To the knowledge of Acquiror, with respect to each PIPE Investor, the Subscription Agreement with such PIPE Investor is in full force and effect and has not been withdrawn or terminated, or otherwise amended or modified, in any respect, and no withdrawal, termination, amendment or modification is contemplated by Acquiror. Each Subscription Agreement is a legal, valid and binding obligation of Acquiror and, to the knowledge of Acquiror, each PIPE Investor, and neither the execution or delivery by any party thereto nor the performance of any party’s obligations under any such Subscription Agreement violates or will violate any Laws. There are no other agreements, side letters, or arrangements between Acquiror and any PIPE Investor that could affect the obligation of such PIPE Investors to contribute to Acquiror the applicable portion of the PIPE Investment Amount set forth in the Subscription Agreement of such PIPE Investors, and, as of the date hereof, Acquiror does not know of any facts or circumstances that may reasonably be expected to result in any of the conditions set forth in any Subscription Agreement not being satisfied, or the PIPE Investment Amount not being available to Acquiror, on the Closing Date. No event has occurred that, with or without notice, lapse of time or both, would constitute a default or breach on the part of Acquiror under any material term or condition of any Subscription Agreement and, as of the date hereof, Acquiror has no reason to believe that it will be unable to satisfy in all respects on a timely basis any condition to closing or material term to be satisfied by it contained in any Subscription Agreement. The Subscription Agreements contain all of the conditions precedent (other than the conditions contained in this Agreement) to the obligations of the PIPE Investors to contribute to Acquiror the applicable portion of the PIPE Investment Amount set forth in the Subscription Agreements on the terms therein.

  • Investments Make any Investments, except:

  • The Investment 1.1 The Feeder Fund will invest all of its investable assets in the Master Portfolio and, in exchange therefor, the Master Portfolio agrees to issue to the Feeder Fund a beneficial interest in the Master Portfolio equal in value to the net value of the assets of the Feeder Fund conveyed to the Master Portfolio (the "Account"). The Feeder Fund may add to or reduce its investment in the Master Portfolio in the manner described in the Master Portfolio's registration statement on Form N-1A, as it may be amended from time to time (the "Master Portfolio's N-1A"). The Feeder Fund's aggregate interest in the Master Portfolio would then be recomputed in accordance with the method described in the Master Portfolio's N-1A.

  • OTHER INVESTMENT ACTIVITIES OF THE SUB-ADVISER The Fund acknowledges that the Sub-Adviser or one or more of its affiliated persons may have investment responsibilities or render investment advice to or perform other investment advisory services for other individuals or entities and that the Sub-Adviser, its affiliated persons or any of its or their directors, officers, agents or employees may buy, sell or trade in any securities for its or their own respective accounts ("Affiliated Accounts"). Subject to the provisions of Section 7(b) hereof, the Fund agrees that the Sub-Adviser or its affiliated persons may give advice or exercise investment responsibility and take such other action with respect to other Affiliated Accounts which may differ from the advice given or the timing or nature of action taken with respect to the Series Account, provided that the Sub-Adviser acts in good faith, and provided further, that it is the Sub-Adviser's policy to allocate, within its reasonable discretion, investment opportunities to the Series Account over a period of time on a fair and equitable basis relative to the Affiliated Accounts, taking into account the investment objective and policies of the Series and any specific investment restrictions applicable thereto. The Fund acknowledges that one or more of the Affiliated Accounts may at any time hold, acquire, increase, decrease, dispose of or otherwise deal with positions in investments in which the Series Account may have an interest from time to time, whether in transactions which involve the Series Account or otherwise. The Sub-Adviser shall have no obligation to acquire for the Series Account a position in any investment which any Affiliated Account may acquire, and the Fund shall have no first refusal, co-investment or other rights in respect of any such investment, either for the Series Account or otherwise.

  • Previous Investments This Agreement shall also apply to investments made prior to its entry into force by investors of one Contracting Party in the territory of the other party Contracting in accordance with the laws and regulations of the latter.

  • Investment Funds Unregistered general or limited partnerships or pooled investment vehicles and/or registered investment companies in which the Company (directly, or indirectly through the Master Fund) invests its assets that are advised by an Investment Manager.

  • Investment Article 126.