Equity Return Clause Samples

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Equity Return. In assessing at any particular time either the Equity Return or the ability of Equity Investors to achieve an Equity Return, the Equity Return and such ability shall be determined on the basis that: (a) neither the Trust Deed nor any contract entered into by or on behalf of the Trustee restricts the ability of the Trustee to distribute net income of the Trust to the holders of the Units;140 (b) the Trustee and the Manager will exercise all their rights and powers to distribute net income of the Trust to holders of the Units;141 (c) for the purpose of projecting future distributions in calculating Equity Return and not otherwise, neither the Trust Deed nor any contract entered into by or on behalf of the Trustee restricts the ability of the Trustee to distribute cash or other receipts to the holders of Units (save that to the extent that clause 15.12 of the Security Trust Deed operates to restrict distributions of cash or other receipts, regard shall be had to those restrictions);142 143 (d) for the purpose of projecting future distributions in calculating Equity Return and not otherwise, the Trustee will exercise all its rights and powers to distribute cash or other receipts to holders of the Units (save that to the extent that clause 15.12 of the Security Trust Deed operates to restrict distributions of cash or other receipts, regard shall be had to those restrictions); and144 145 146 (e) the references in paragraphs (c) and (d) to "clause 15.12 of the Security Trust Deed" are references to that clause in the form immediately prior to the occurrence of the Relevant Circumstances (as defined in the IFA Ninth Amending Deed).147
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Equity Return. (a) Each Certificate Holder shall be entitled during the Term to a return on the aggregate amount of its unrepaid Equity Contributions (such unpaid amounts, its "Certificate Holder Amount") calculated at the Applicable Equity Rates, in accordance with the Lease Agreement and the Participation Agreement. (b) Equity Return on each Certificate shall be payable in arrears on each Payment Date.
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Equity Return. (a) The amount of the Equity Investment outstanding from time to time shall accrue yield ("Equity Return") at a rate per annum equal to the Equity Return Rate. Subject to Sections 4.1(b), 8.3 and 8.4, all Equity Investment shall be made and continued as Eurodollar Loans/Equity Investment. (b) If all or a portion of (i) any Equity Investment, (ii) any Equity Return payable on any Equity Investment or (iii) any other amount payable to the Owner Participants hereunder (whether in respect of interest, fees or other amounts) shall not be paid when due (whether at the stated maturity thereof, by acceleration or otherwise), then such overdue amount shall bear interest, payable on demand, at a rate per annum which is equal to the Overdue Rate (or if no rate is applicable, whether in respect of interest, fees or other amounts, then the sum of (x) 2.00% plus (y) the Base Rate). Without duplication of the foregoing, upon the occurrence and during the continuance of any Lease Event of Default, the Equity Investment and, to the extent permitted by law, Equity Return on Equity Investment and interest on any other amounts owing hereunder or under the other Operative Documents shall bear interest, payable on demand, at a per annum rate of 2% greater than the rate which would otherwise be applicable (or if no rate is applicable, whether in respect of interest, fees or other amounts, then at the Base Rate plus a margin of 2% per annum).
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Equity Return. As of the date of Building Completion, TV shall be credited with an amount (an "Equity Base") equal to $3,000,000, less any amount distributed to TV under Section 7.3.2.a(ii). TV's Equity Base shall be reduced, from time to time, by distributions received by TV pursuant to Section 7.3.2.a(ii). A cumulative non-compounding equity return equal to 7.67% per annum (the "Equity Return") shall accrue daily against the daily balance of TV's Equity Base commencing at the date of Building Completion. The Equity Return shall be increased by 3% per annum on the date which is thirteen (13) months after Building Completion (the "Initial Increase Date"), and on each one year anniversary of the Initial Increase Date, but in no event shall the Equity Return exceed 14.75% per annum.
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Equity Return. Equity Return shall mean a rate of return on the outstanding Equity Investment at any time equal to the LIBOR Rate unless the LIBOR Rate shall not be in effect, in which case the Alternative Base Rate shall be used to determine the Equity Return.
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Related to Equity Return

  • Equity Capitalization As of the date hereof, the authorized capital stock of the Company consists of (x) 30,000,000 shares of Common Stock, of which as of the date hereof, 10,964,602 shares are issued and outstanding, 2,529,378 shares are reserved for issuance pursuant to the Company’s employee incentive plan and other options and warrants outstanding and no shares are reserved for issuance pursuant to securities (other than the Warrants) exercisable or exchangeable for, or convertible into, shares of Common Stock, and (y) 10,000,000 shares of preferred stock, of which as of the date hereof, none are issued and outstanding. All of such outstanding shares have been, or upon issuance will be, validly issued and are fully paid and nonassessable. Except as set forth above in this Section 3(p): (i) none of the Company’s capital stock is subject to preemptive rights or any other similar rights or any liens or encumbrances suffered or permitted by the Company; and (ii) there are no outstanding options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, or exercisable or exchangeable for, any capital stock of the Company, or contracts, commitments, understandings or arrangements by which the Company is or may become bound to issue additional capital stock of the Company or options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, or exercisable or exchangeable for, any capital stock of the Company; (iii) there are no outstanding debt securities, notes, credit agreements, credit facilities or other agreements, documents or instruments evidencing Indebtedness of the Company or by which the Company is or may become bound; (iv) there are no financing statements securing obligations in any material amounts, either singly or in the aggregate, filed in connection with the Company; (v) there are no agreements or arrangements under which the Company is obligated to register the sale of any of its securities under the 1933 Act (except pursuant to the Registration Rights Agreement); (vi) there are no outstanding securities or instruments of the Company which contain any redemption or similar provisions, and there are no contracts, commitments, understandings or arrangements by which the Company is or may become bound to redeem a security of the Company; (vii) there are no securities or instruments containing anti-dilution or similar provisions that will be triggered by the issuance of the Securities; (viii) the Company does not have any stock appreciation rights or “phantom stock” plans or agreements or any similar plan or agreement; and (ix) the Company has no liabilities or obligations required to be disclosed in the SEC Documents but not so disclosed in the SEC Documents, other than those incurred in the ordinary course of the Company’s business and which, individually or in the aggregate, do not or would not have a Material Adverse Effect. The Company has furnished or made available to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s Bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all securities convertible into, or exercisable or exchangeable for, shares of Common Stock and the material rights of the holders thereof in respect thereto.

  • Equity Contributions Make, or permit any Significant Subsidiary to make, any equity contributions to any Unregulated Subsidiary; provided, however, that this Section 5.03(h) shall not restrict or otherwise apply to (i) any such equity contributions that are required by Applicable Law or court order or (ii) any intercompany advances made to any Unregulated Subsidiary (including, without limitation, pursuant to the Unregulated Money Pool Agreement) that are recharacterized by a court or other Governmental Authority as equity contributions.

  • Return of Contribution Nonrecourse to Other Members Except as provided by law, upon dissolution, each member shall look solely to the assets of the Company for the return of the member's capital contribution. If the Company property remaining after the payment or discharge of the Company's debts and liabilities is insufficient to return the cash contribution of one or more members, such member or members shall have no recourse against any other member or the Board.

  • Increased Capital (a) If either (i) the introduction of or any change in or in the interpretation by any Official Body of any law or regulation or (ii) compliance by any Affected Party with any directive or request from any central bank or other Official Body (whether or not having the force of law) imposed after the date hereof affects or would affect the amount of capital required or expected to be maintained by such Affected Party or such Affected Party reasonably determines that the amount of such capital is increased by or based upon the existence of any Lender’s agreement to make or maintain Loans hereunder and other similar agreements or facilities and such event would have the effect of reducing the rate of return on capital of such Affected Party by an amount deemed by such Affected Party to be material, then, within thirty (30) days after demand by such Affected Party or the related Managing Agent, the Borrower shall pay to such Affected Party (as a third party beneficiary, in the case of any Affected Party other than one of the Lenders) or the related Managing Agent for the account of such Affected Party from time to time, as specified by such Affected Party or such Managing Agent, additional amounts sufficient to compensate such Affected Party in light of such circumstances, to the extent that such Affected Party or such Managing Agent on behalf of such Affected Party reasonably determines such increase in capital to be attributable to the existence of the applicable Lender’s agreements hereunder. (b) Each Managing Agent will promptly notify the Borrower and the Program Agent of any event of which it has knowledge, occurring after the date hereof, which will entitle any Lender or Affected Party in its Lender Group to compensation pursuant to Section 2.11(a). Each Lender or Affected Party will designate a different lending office if such designation will avoid the need for, or reduce the amount of, such compensation and will not, in the judgment of such Lender or Affected Party, be otherwise disadvantageous to it or inconsistent with its internal policies. In determining the amount of such compensation, such Lender or Affected Party may use any reasonable averaging and attribution methods. The applicable Lender or Affected Party (or such party’s related Managing Agent) shall submit to the Borrower a certificate describing such compensation, which certificate shall be conclusive in the absence of manifest error. (c) Failure or delay on the part of any Managing Agent to demand compensation pursuant to Section 2.11(a) shall not constitute a waiver of such Managing Agent’s right to demand such compensation; provided that the Borrower shall not be required to compensate any Lender or Affected Party in its Lender Group pursuant to this Section for any increased capital unless such Managing Agent gives notice to the Borrower and the Program Agent to compensate such Lender or Affected Party in its Lender Group pursuant to this Section within 180 days after the date such Managing Agent knows an event has occurred pursuant to which such Lender or Affected Party in its Lender Group will seek such compensation.

  • Increased Capital Costs 56 4.6. Taxes...........................................................56 4.7. Payments, Computations, etc.....................................58 4.8.