Other Investment. An investment made by the Borrower, MCRC or any Subsidiary which has been or is designated by the Borrower at the time of investment or from time to time as an “Other Investment” (including an investment company); provided that (a) such investment would not jeopardize MCRC’s status as a REIT, (b) subject to the next sentence, such investment is Without Recourse to the Person making such investment and the liability of the Person making such investment is limited solely (including in any insolvency proceeding affecting such Person) to the amount so invested, (c) if the Person making such investment exercises any management or control responsibilities, such management and/or control shall be exercised through a so-called “bankruptcy-remote entity” and (d) such investment complies with the requirements of clause (ii) to the proviso in the definition of Consolidated Total Capitalization in §1.1 hereof. Notwithstanding anything contained in the foregoing definition to the contrary, an investment may still be an Other Investment if it provides for (i) guaranties of completion, (ii) guaranties of payment (which shall be included in Consolidated Total Liabilities), (iii) environmental guaranties and indemnities, and/or (iv) other typical recourse carve-outs from otherwise long-term, non-recourse debt, such as for fraud, waste, misappropriation of proceeds and material misrepresentations.
Other Investment. Other investment unrelated to the specific Project but included in the contractual commitments made by the Proponent. For example, a company may commit to construction of a building as a condition of receiving a TPC investment, although the building is not directly part of the project.
Other Investment. An investment made by the Borrower, any Guarantor or any Subsidiary which has been or is designated by the Borrower at the time of investment or from time to time as an “Other Investment” (including an investment company but excluding the Newco Investment); provided that (a) such investment would not jeopardize MCRC’s status as a REIT, (b) subject to the next sentence, such investment is Without Recourse to the Person making such investment and the liability of the Person making such investment is limited solely (including in any insolvency proceeding affecting such Person) to the amount so invested, (c) if the Person making such investment exercises any management or control responsibilities, such management and/or control shall be exercised through a so-called “bankruptcy-remote entity” and (d) such investment complies with the requirements of §9.8(b) hereof. Notwithstanding anything contained in the foregoing definition to the contrary, an investment may still be an Other Investment if it provides for (i) guaranties of completion, (ii) guaranties of payment (which shall be included in Consolidated Total Liabilities), (iii) environmental guaranties and indemnities, and/or (iv) other typical recourse carve-outs from otherwise long-term, non-recourse debt, such as for fraud, waste, misappropriation of proceeds and material misrepresentations.
Other Investment. There is a clear need for greater investment in the areas of education, health, housing, science and low-income programs. The House Democratic leadership believes that every effort must be made to advance legislatively in budget resolutions, authorizing bills and appropriation bills funding levels which will achieve the goals set forth for the following functions: INTERNATIONAL AFFAIRS (150) Increases over current services provided for under this function should reach, at least, $1.8 billion in Budget Authority and $1.7 billion in Outlays by FY 1993 and, to the degree possible, be targeted for Southern African Development Assistance, Ethiopia/Sudan Famine Relief, the PL480 program and Refuge Assistance programs. GENERAL SCIENCE, SPACE AND TECHNOLOGY (250) Increases over current services provided for under this function should reach, at least, $500 million in Budget Authority and $400 million in Outlays by FY 1993 and, to the degree possible, be targeted for Science and Technology programs for Historically Black Colleges and Universities. ENERGY (270) Increases over current services provided for under this function should reach, at least, $500 million in Budget Authority and $400 million in Outlays by FY 1993 and, to the degree possible, be targeted for Hispanic and Historically Black Colleges and Universities consortia agreements with the Department of Energy. COMMERCE AND HOUSING CREDIT (370) Increases over current services provided for under this function should reach, at least, $2 billion in Budget Authority and $2 billion in Outlays by FY 1993 and, to the degree possible, be targeted for the programs of the Xxxxxxxx, Dellums and Conyers housing bills (H.R. 5157, 1122 and 969) COMMUNITY AND REGIONAL DEVELOPMENT (450) Increases over current services provided for under this function should reach, at least, $2.6 billion in Budget Authority and $300 million in Outlays by FY 1993 and, to the degree possible, be targeted for the programs of the Urban Homesteading Act (H.R. 1181) EDUCATION AND TRAINING (500) Increases over current services provided for under this function should reach, at least, $2.4 billion in Budget Authority and $2.0 billion in Outlays by FY 1993 and, to the degree possible, be targeted to fund the Xxxx X. Xxxxxxx Vocational Education Act, the School Lunch and Nutrition Act, Head Start and Handicapped Education, to create Educational R&D Districts for educational research and development, Youth Incentive, Employment, Drop-Out Prevention and...
Other Investment. Promptly following the execution and delivery of this Agreement, the Company shall use its commercially reasonable efforts to consummate as promptly as practicable and in no event more than five Business Days after the Closing the private placement of shares of its Common Stock and warrants to purchase shares of its Common Stock (the “Other Securities”) to one or more accredited investors (the “Other Investors”) for aggregate gross proceeds of at least $2,000,000 (the “Other Investment”). The terms and conditions of the Other Investment (including, but not limited to, the terms of the Other Securities) shall be substantially the same as those set forth in the Transaction Documents but in any event no more favorable to the Other Investors than the terms and conditions of the Transaction Documents.
Other Investment. An investment made by the Borrower, any Guarantor or any Subsidiary which has been or is designated by the Borrower at the time of investment or from time to time as an “Other Investment” (including an investment company); provided that (a) such investment would not jeopardize MCRC’s status as a REIT, (b) subject to the next sentence, such investment is Without Recourse to the Person making such investment and the liability of the Person making such investment is limited solely (including in any insolvency proceeding affecting such Person) to the amount so invested, (c) if the Person making such investment exercises any management or control responsibilities, such management and/or control shall be exercised through a so-called “bankruptcy-remote entity” and (d) such investment complies with the requirements of §9.8(b) hereof. Notwithstanding anything contained in the foregoing definition to the contrary, an investment may still be an Other Investment if it provides for (i) guaranties of completion, (ii) guaranties of payment (which shall be included in Consolidated Total Liabilities), (iii) environmental guaranties and indemnities, and/or (iv) other typical recourse carve-outs from otherwise long-term, non-recourse debt, such as for fraud, waste, misappropriation of proceeds and material misrepresentations.
