Investment Undertakings. The Advisor shall use its best efforts to assure that (i) any mortgage securing a Property of the Company shall be and remain a valid lien upon the mortgaged property according to its terms; (ii) the title to any Property is insured by appropriate policies of title insurance; (iii) any Property is duly insured against loss or damage by fire, with extended coverage, and against such other insurable hazards and risks as is customary and appropriate in the circumstances; and (iv) the policies from time to time specified by the Board of Directors with regard to the protection of the Company’s investments are carried out. Any and all fees and costs incurred by the Advisor in performing such functions, whether payable to its Affiliates or independent Persons shall be borne by the Company.
Investment Undertakings. The Advisor shall use its best efforts to assure that (i) the title to any Property is insured by appropriate policies of title insurance; (ii) any Property forming part of the Company's investments is duly insured, by appropriate insurance policies, against loss or damage by fire, with extended coverage, and against such other insurable hazards and risks as is customary and appropriate in the circumstances; (iii) the policies from time to time specified by the Board with regard to the protection of the Company's investments are carried out; (iv) proper Board approval is received for all of the Company's investments; and (v) at the end of each month, the Company's aggregate outstanding debt does not exceed 35% of the Company's investment in Properties, at cost, and after giving effect to the Company's use of proceeds from any debt. Any and all fees and costs incurred by the Advisor in performing such functions whether payable to its Affiliates or independent persons, shall be borne solely by the Company.
Investment Undertakings. The Holder represents and warrants that: (a) the Holder is acquiring this Warrant for its own account for investment and not with a view to any re-sale or distribution thereof which violates the Securities Act or any rules or regulations thereunder, (b) the Holder is an “accredited investor” as that term is defined in Rule 501 of Regulation D under the Securities Act and (c) the Holder has sufficient knowledge and experience in business, financial and investment matters to evaluate the merits and risks involved in an investment in the Company, and has received all information concerning the Company which it has requested. The Holder understands that this Warrant constitutes, and upon exercise hereof the Warrant Shares will constitute, “restricted securities” within the meaning of Rule 144 under the Securities Act. The Holder agrees that it will not sell, pledge or otherwise transfer all or any part of this Warrant or the Warrant Shares without (i) complying with the registration requirements of the Securities Act and the requirements of all applicable securities laws of any state or other jurisdiction, and (ii) furnishing the Company with an opinion of counsel satisfactory to the Company, in form and substance reasonably satisfactory to the Company, that such transfer is not in violation of any such requirement. As a condition precedent to the exercise of this Warrant, the Company may require the Holder to deliver an investment letter, in form and substance reasonably satisfactory to the Company, containing statements applying to the Warrant Shares to the effect of the foregoing.
Investment Undertakings. II.39 Through the bank, a customer may acquire shares in Belgian investment undertakings of the investment-fund or investment-company type. The customer may choose between investment undertakings which pay out the net income accruing on their shares and those which capitalize it. Investment undertakings have either a fixed (closed-ended undertakings) or a variable number (open-ended undertakings) of shares. Shares in an open-ended investment undertaking are issued and redeemed by the investment undertaking at net asset value, plus or minus charges and commissions. Shares in a closed-ended investment undertaking are traded on the regulated market. Through the bank, the customer may also acquire shares in investment undertakings incorporated under the laws of a foreign country. The customer may obtain upon simple request a copy of the prospectus and the half-year report. By his subscription or purchase of shares, the customer declares that he is in agreement with the terms and conditions set out in the prospectus. The KBC Delta Plan
