Qualifying Investment Clause Samples

Qualifying Investment. On each Investment Date, Southcross Holdings shall (a) inform SXE of its Qualifying Investment Securities Election and (b) contribute the applicable Investment Amount to SXE by wire transfer of immediately available funds. Upon receipt of the applicable Investment Amount, SXE shall issue the applicable Qualifying Investment Securities to Southcross Holdings corresponding to its Qualifying Investment Securities Election.

Qualifying Investment. Within five (5) years of the Effective Date (as defined in the Master Agreement), the Business shall make a qualifying investment of $141,331,160. A "qualifying investment" means an investment in real property including the purchase price of land and existing buildings and structures; site preparation; improvements to real property; building construction; long-term lease costs; and/or depreciable assets.

Qualifying Investment. If the Business does not meet its Qualifying Investment requirement described in 4.2, repayment shall be calculated as follows: (i) If the Business has met 50 percent or less of the requirement, the Business shall repay the same percentage in benefits as the Business failed to invest. (ii) If the Business has met more than 50 percent but not more than 75 percent of the requirement, the Business shall repay one-half of the percentage in benefits as the Business failed to invest. (iii) If the Business has met more than 75 percent but not more than 90 percent of the requirement, the Business shall repay one-quarter of the percentage in benefits as the Business failed to invest. (iv) If the Business has not met the minimum investment requirement, the Business shall repay all of the incentives and assistance that it has received.

Qualifying Investment. If the Business does not meet its Qualifying Investment requirement as defined in Section 2 of this Exhibit, the repayment amount shall be the same proportion as the amount of the shortfall in required Qualifying Investment. For example, if the business meets 75 percent of the amount of required capital investment, the business shall repay 25 percent of the amount of the incentives received.

Qualifying Investment. Article 4.2, "Qualifying Investment," is amended as follows:

Qualifying Investment. Within five (5) years of the Award Date (as defined in the Master Agreement), the Business shall make a qualifying investment of $218,440,000. A “qualifying investment” means an investment in real property including the purchase price of land and existing buildings and structures; site preparation; improvements to real property; building construction; long-term lease costs; and/or depreciable assets.