Emergency Funding. If by Supermajority Board Vote, the Board (i) approves the expedited issuance of New Securities for emergency purposes in order for the Company to continue the operation of its business, and (ii) approve that such issuance is imminently needed such that compliance with Sections 9.1 (a)-(h) would be impracticable (an “Emergency Funding”), notwithstanding any provision hereof to the contrary, the Company may solicit additional immediate funding from the Members and, in lieu of complying with the other provisions of this Section 9.1, the Company shall instead give notice to the Members within twenty (20) calendar days after the issuance of such New Securities (the “Post-Closing Preemptive Rights Notice”). Such Post-Closing Preemptive Rights Notice shall comply with the requirements of an Issuance Notice and the other provisions of this Section 9.1 (other than the requirement to provide notice in advance of funding, which shall be superseded by this Section 9.1(i)). Each Member shall have twenty (20) Business Days from the date of the Post-Closing Preemptive Rights Notice to elect to (but, for the avoidance of doubt, shall not be obligated to) purchase the New Securities from the Company that would, if purchased by such Member, maintain such Member’s Pro Rata Portion in effect immediately prior to the Emergency Funding.
Emergency Funding. 6.2 If the Board is of the opinion that the Company or any member of the Group is at risk of imminent payment default under an existing Finance Document, breaching any other material financial obligation or otherwise at risk of an imminent Company Insolvency Event occurring, then it may give written notice to the AHG Shareholders and the Investment Managers to request funding on an emergency basis, specifying the amount of funding required and the proposed Securities to be issued in connection with such funding (“Emergency Funding”).
Emergency Funding. Notwithstanding Section 3.1 which provides that the Due Date for a Capital Call shall not be less than five (5) days after the date of receipt of notice of such Capital Call, if a Request for Advance is for the purpose of funding any amount necessary to prevent or ameliorate an emergency that will result in substantial damage to the Development Project or bodily injury to any Person at or about the Development Project as reasonably determined by Campus Crest, then each Member will be required to fund its Required Amount immediately upon receipt of the applicable disbursement request or Capital Call notice.
Emergency Funding. (a) Notwithstanding anything to the contrary in this Agreement, a Company may at any time incur, and may require the Shareholders to fund, expenditures that the President determines (acting reasonably), and the relevant Board of Managers agrees, are necessary to protect life or property or the assets of the relevant Company or to comply with Applicable Laws in the Kingdom without an approved Budget.
Emergency Funding. In the event of an emergency at a DPH Site requiring the performance of an Environmental Action within hours or days of the Environmental Trustee first receiving notice of the emergency, if the emergency does not permit sufficient time to amend the annual budget for that DPH Site, the Environmental Trustee may utilize funding from the DPH Site’s Environmental Cost Account to undertake Environmental Actions necessary to respond to the emergency (the “Emergency Environmental Action”). If an Emergency Environmental Action is performed by the Lead Agency or Non-Lead Agency, the Environmental Trustee may reimburse the Lead Agency (or the Non-Lead Agency, if the Lead Agency concurs in writing) for such Emergency Environmental Action from the DPH Site’s Environmental Cost Account. Nothing in this subparagraph shall preclude the payment or reimbursement of the Emergency Environmental Action through the annual budget or budget revision process.
Emergency Funding. 10.6.1 If either Shareholder or the Property Manager gives notice to the Company that Emergency Funding is required for an amount of up to one million pounds (£1,000,000) for any one occurrence, the Company shall within one (1) Business Day of receipt of that notice serve a notice (a “Drawdown Notice”) on each of the Shareholders. The Drawdown Notice will specify the reason for the Emergency Funding and the amount required for the Emergency Funding (an “Emergency Shareholder Loan”) and the date by which the Emergency Shareholder Loan must be advanced to the Company, provided that not less than four (4) Business Days’ prior written notice requesting payment shall be given. The Shareholders shall advance an Emergency Shareholder Loan pro rata to their Shares.
Emergency Funding. 22.4.1 If: (i) the Board, any Director or any Shareholder, acting in good faith, considers that there is a material risk of a Funding Crisis arising with respect to the Company or any Group Company; and (ii) Third Party Finance is not available in order to mitigate such risk on reasonable commercial terms within the timeframe required in order to mitigate such Funding Crisis risk (as determined by the Board acting reasonably):
Emergency Funding. If the Company determines in good faith that the delay occasioned by complying with the procedures contemplated by this Section 2.3 would be prejudicial to the Company or its financial condition or business and operations, then the Company may before delivering the Preemptive Offer or after delivering the Preemptive Offer (but before observing the time periods and other procedures set forth in this Section 2.3), issue or sell all of the Equity Securities. If the Company elects to issue Equity Securities under this Section 2.3 before it delivers a Preemptive Offer, then the Company shall deliver the Preemptive Offer to Infinity to which it has not so issued or sold Equity Securities (the "Excluded Group") no later than five Business Days after the date on which such Equity Securities are issued or sold to Infinity. If the Excluded Group delivers a Preemptive Offer Acceptance Notice within 10 Business Days and the Company has issued or sold the Equity Securities to a Person but not to Infinity, then the Company shall issue or sell such number of pro rata shares of Equity Securities as the participating members of the Excluded Group would have been entitled had the Preemptive Offer been made and accepted by such member of the Excluded Group in accordance with Sections 2.3(a) through (d) as promptly as practicable, but in no event later than five Business Days following the date of delivery of the Preemptive Offer Acceptance Notice, at the same price, and on the same terms and conditions as the issuance and sale occurred.
Emergency Funding. In the event of an emergency with respect to the Environmental Trust Assets requiring the performance of an Environmental Action within hours or days of the Environmental Trustee first receiving notice of the emergency, if the emergency does not permit sufficient time to amend the approved budget, the Environmental Trustee may utilize funding from the applicable Environmental Trust Designated Site Cost Account to undertake Environmental Actions necessary to respond to the emergency (the “Emergency Environmental Action”) and shall notify the Lead Agency as soon as reasonably practicable. If an Emergency Environmental Action is performed by the Lead Agency or Non-Lead Agency, the Environmental Trustee may reimburse the Lead Agency (or the Non-Lead Agency, if the Lead Agency concurs in writing) for such “Emergency Environmental Action” from the applicable Environmental Trust Designated Site Cost Account. Nothing in this subsection shall preclude the payment or reimbursement of the Emergency Environmental Action through the annual budget or budget revision process.
Emergency Funding. 4.1 If the Board determines in good faith that funds are required for any legitimate purpose of the Group on an accelerated basis due to cash or liquidity requirements or other business considerations of any Group Company and such funding is in the best interests of any Group Company (an Emergency Funding), then any Party wishing to participate in such Emergency Funding may do so by contributing a loan (a Shareholder Loan) to the Company, provided that the aggregate value of all Shareholder Loans outstanding at any time shall not exceed USD $5,000,000 (five million Dollars) (if more than one Shareholder wishes to participate in any instance of Emergency Funding, then each Shareholder’s participation shall be in accordance with their respective pro rata Shareholdings at the relevant time); provided that:
