Adequate Capitalization definition

Adequate Capitalization means, in respect of an Operator, such Operator (directly or through its constituent owners), immediately upon entering into the applicable Operator Ground Lease, will have equity capital invested into the applicable Component in an amount no less than ten (10%) of the value (i.e., purchase price) of the applicable Component. For the avoidance of doubt, such Operator shall have the right to acquire the applicable Component with debt financing of up to a ninety percent (90%) loan-to-value ratio. For purposes hereof, “Adequate Liquidity” shall mean, with respect to an Operator, such Operator shall have immediate access to funds (which may take the form, without limitation, of undrawn loan facilities, unfunded capital commitments of creditworthy constituent partners, shareholders or members, or lender-controlled reserves) in an amount which is no less than the lesser of (x) $2,000,000 and (y) the amount reasonably necessary to maintain the exterior of the Component and the Component’s allocable share of public areas (pursuant to the approved CAM Agreement) for the ensuing three (3) years as required under the applicable Operator Ground Lease. Authority hereby agrees and acknowledges that Related Urban Management Company, L.L.C. has sufficient experience in owning and operating similar first class improvements in a high-rise, mixed use environment in an urban core area in a major city in the United States and will have an office in Los Angeles, and is hereby approved as a Qualified Owner. Additionally, Authority hereby approves The Related Companies of California, LLC as a Qualified Owner of the Affordable Housing Units. The Authority hereby acknowledges and agrees that any subsidiary of Lessee shall be deemed a Qualified Owner.
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Examples of Adequate Capitalization in a sentence

  • Whether Defendant Violated the Single Purpose Entities Provision and/or the Adequate Capitalization Provision, Triggering the Guaranty Wells Fargo contends that RLJ is liable for the full amount of indebtness because the Goshen LLCs allegedly breached the SPE provisions contained in the mortgage.

  • And it’s often in the creditor’s interest to help find a solution lest his existing debt become even more distressed.H. “Thin” or Adequate Capitalization There is caselaw that says advances to meet the daily needs of a corporation are indicative of bona fide indebtedness, see e.g., Shedd v.

  • No Assurance of Adequate Capitalization This Offering is not being undertaken on either a so-called “all or nothing” or “mini-max” basis as is typical for start-up ventures.

  • Ensuring Adequate Capitalization of Banks: From the case studies, undercapitalization emerged as a major factor of liquidity problems in Nigeria banks.

  • Adequate Capitalization and/or Capital Adequacy - A bank-financial institution is said to have adequate capitalization when it has a Capital Adequacy Ratio (CAR) of 8% and maintains a net worth of US$2M or its equivalence in Liberian Dollars.

Related to Adequate Capitalization

  • Adequate Country means a country or territory that is recognized under EU Data Protection Laws as providing adequate protection for Personal Data;

  • Adequate Assurance means:

  • Adequate notice means written advance notice of at least 48 hours, giving the time, date, location and, to the extent known, the agenda of any regular, special or rescheduled meeting, which notice shall accurately state whether formal action may or may not be taken and which shall be (1) prominently posted in at least one public place reserved for such or similar announcements, (2) mailed, telephoned, telegrammed, or hand delivered to at least two newspapers which newspapers shall be designated by the public body to receive such notices because they have the greatest likelihood of informing the public within the area of jurisdiction of the public body of such meetings, one of which shall be the official newspaper, where any such has been designated by the public body or if the public body has failed to so designate, where any has been designated by the governing body of the political subdivision whose geographic boundaries are coextensive with that of the public body and (3) filed with the clerk of the municipality when the public body's geographic boundaries are coextensive with that of a single municipality, with the clerk of the county when the public body's geographic boundaries are coextensive with that of a single county, and with the Secretary of State if the public body has Statewide jurisdiction. For any other public body the filing shall be with the clerk or chief administrative officer of such other public body and each municipal or county clerk of each municipality or county encompassed within the jurisdiction of such public body. Where annual notice or revisions thereof in compliance with section 13 of this act set forth the location of any meeting, no further notice shall be required for such meeting.

  • Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

  • Capitalization fairly present the information set forth therein on a basis consistent with that of the audited financial statements contained in the Registration Statement.

  • Company Capitalization means the sum, as of immediately prior to the Equity Financing, of: (1) all shares of Capital Stock (on an as-converted basis) issued and outstanding, assuming exercise or conversion of all outstanding vested and unvested options, warrants and other convertible securities, but excluding (A) this instrument, (B) all other Safes, and (C) convertible promissory notes; and (2) all shares of Common Stock reserved and available for future grant under any equity incentive or similar plan of the Company, and/or any equity incentive or similar plan to be created or increased in connection with the Equity Financing.

  • Financial Agreement means an agreement that meets the

  • Liquidity Capitalization means the number, as of immediately prior to the Liquidity Event, of shares of the Company’s capital stock (on an as-converted basis) outstanding, assuming exercise or conversion of all outstanding vested and unvested options, warrants and other convertible securities, but excluding: (i) shares of Common Stock reserved and available for future grant under any equity incentive or similar plan; (ii) any SAFEs; and (iii) convertible promissory notes.

  • Required Financial Information means, with respect to the applicable Calculation Date, (i) the financial statements of the Consolidated Parties required to be delivered pursuant to Section 7.1(a) or (b) for the fiscal period or quarter ending as of such Calculation Date, and (ii) the certificate of an Executive Officer of the Borrower required by Section 7.1(c) to be delivered with the financial statements described in clause (i) above.

  • Informed Financial Consent means the medical provider advises you of any out-of-pocket costs before your admission. This is called Informed Financial Consent.

  • Company Financial Information As defined in Section 2(a)(ii).

  • Qualified Financial Contract means a qualified financial contract as defined in 12 U.S.C. Section 1821(e)(8)(D).

  • Capitalization Date has the meaning set forth in Section 3.2(a).

  • Certified nurse practitioner means an ARNP educated in the disciplines of nursing who has advanced knowledge of nursing, physical and psychosocial assessment, appropriate interventions, and management of health care, and who possesses evidence of current certification by a national professional nursing association approved by the board.

  • Internal control over financial reporting means a process effected by an insurer’s board of directors, management and other personnel designed to provide reasonable assurance regarding the reliability of the financial statements, i.e., those items specified in Section 5(B)(2) through 5(B)(7) of this regulation and includes those policies and procedures that:

  • Certified nurse midwife means an advanced practice registered nurse who is certified in the

  • mixed financial holding company means a mixed financial holding company as defined in point (21) of Article 4(1) of Regulation (EU) No 575/2013;

  • Adequately Capitalized means compliance with the capital standards for bank holding companies as described in the Bank Holding Company Act of 1956, as amended, and regulations promulgated thereunder.

  • Significant Financial Interest means anything of monetary value, including but not limited to, salary or other payments for services (e.g., consulting fees or honoraria); equity interests (e.g., stocks, stock options or other ownership interests); and intellectual property rights (e.g., patents, copyrights, license agreements, and royalties from such rights). The term does not include:

  • Market Capitalization means an amount equal to (i) the total number of issued and outstanding shares of common stock or common equity interests of the IPO Entity on the date of the declaration of the relevant dividend multiplied by (ii) the arithmetic mean of the closing prices per share of such common stock or common equity interests for the 30 consecutive trading days immediately preceding the date of declaration of such dividend.

  • Certification Practice Statement means a statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing Digital Signature Certificates;

  • Fat wood means pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling. “Fat wood” does not include any kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.

  • graduate nurse means a person whose name is entered on the graduate nurse register of the College of Registered Nurses of Manitoba. A graduate nurse extended practice means a person whose name is entered on the graduate nurse extended practice register of the College of Registered Nurses of Manitoba. A “graduate practical nurse” means a person whose name is entered on the register of graduate practical nurses of the College of Licensed Practical Nurses of Manitoba. A “graduate psychiatric nurse” means a person whose name is entered on the register of graduate psychiatric nurses of the College of Registered Psychiatric Nurses of Manitoba. The terms of this Agreement shall be applicable to the graduate nurse, the graduate practical nurse, graduate psychiatric nurse, and graduate nurse practitioner, except as otherwise specified in the Collective Agreement.

  • financial holding company means a financial holding company as defined in point (20) of Article 4(1) of Regulation (EU) No 575/2013;

  • De Minimis Transaction means a transaction in an equity security (or an equivalent security) which is equal to or less than 300 shares, or is a fixed-income security (or an equivalent security) which is equal to or less than $15,000 principal amount. Purchases and sales, as the case may be, in the same security or an equivalent security within 30 days will be aggregated for purposes of determining if the transaction meets the definition of a De Minimis Transaction.

  • Adequate Assurance of Performance has the meaning given to it in Section 10.3.