Additional Capital Investments. The company must disclose in the contract that it may require you to make additional large capital investments (S. 208(b)). All such requirements must be fair and reasonable. If the total cost is $12,500 or more per structure (total cost of upgrades to the structure, equipment, and goods and services, but not including maintenance or repair), we will consider criteria including whether (R. 201.216): • The company gave you discretion to make the investment; • The investment is the result of coercion, retaliation or threats by the company; • All similar growers are being required to make the investment; • You can reasonably recoup the cost; • You were given a reasonable amount of time to implement; and whether • The company offered you incentives for replacing previously approved equipment. November 2019 When determining if a company has unfairly suspended delivery of birds, we may consider the following factors: (1) whether the company provided a written notice that explains why it suspended placement and when it plans to resume delivery of their birds, (2) whether a catastrophic or natural disaster occurred, or (3) some other emergency prevented reasonable notice (R. 201.215).
Additional Capital Investments. KentuckyOne will make new capital investments at ULH during the Term of this Agreement, in amounts of up to Thirty-Two Million Dollars ($32,000,000) in the aggregate, in such amounts and on such dates as directed in writing by the University Parties. The University Parties agree to repay the undepreciated amounts of such capital investments (as determined in accordance with GAAP) to KentuckyOne on the Restructuring Date, provided that KentuckyOne will agree to finance any repayments required under Section 2.4.4 below in accordance with Section 5.2(d) of the JOA, if so requested by the University Parties.
Additional Capital Investments. (a) Seller covenants and agrees that it will cause third parties to invest Lit. 8,000,000,000 (the "First Required Capital Investment") in DTI as of the Closing Date, in consideration of the issuance by DTI, as of the Closing Date, of 397,877 additional shares of DTI Common Stock (the "First DTI Investment Shares"), which number is the result of dividing the First Required Capital Investment by the DTI Value Per Share. Seller covenants and agrees that it will invest or cause third parties to invest Lit. 7,000,000,000 (the "Second Required Capital Investment") in DTI by September 30, 1995, in consideration of the issuance by DTI on September 30, 1995, of 348,142 additional shares of DTI Common Stock (the "Second DTI Investment Shares"), which number is the result of dividing the Second Required Capital Investment by the DTI Value Per Share. If the aggregate amount so invested by September 30, 1995 is less than Lit. 15,000,000,000, then (i) the term "DTI Value Per Share"
Additional Capital Investments. The parties agree that the Investor may make capital contributions to the Company in addition to the Tranche 1 Capital Contribution and Tranche 2 Capital Contribution when and if mutually agreed to by the parties in writing from time to time, provided, however, that nothing herein shall obligate the Investor to make any such additional capital contributions.
Additional Capital Investments. (a) Notwithstanding anything to the contrary in this Agreement, the JVCO shall have the right, at the election of the chief executive officer of the JVCO in his sole reasonable and good faith business judgment, to raise additional capital pursuant to this Article 3, at any time or from time to time during the two (2) year period following the date of this Agreement, in an aggregate amount not to exceed US$5 million (the “Additional Capital”). In the event that the chief executive officer of the JVCO delivers a written notice (a “Call Option Notice”) to Synacor and Maxit that the JVCO is exercising its option pursuant to this Section 3.01 to raise all or a portion of the Additional Capital at such time (which Call Option Notice shall specify the amount of the Additional Capital to be raised at such time, which amount shall not be less than US$1 million), the JVCO shall, upon delivery of such written notice, take or cause to be taken all actions reasonably necessary to effect the raising of such Additional Capital in accordance with the terms and conditions hereof, and each Founding Shareholder or an Affiliate thereof may, within thirty (30) days following the receipt of such written certificate, elect to contribute, at such Founding Shareholder’s sole election, up to fifty percent (50%) of such Additional Capital (such Founding Shareholder’s “Call Option Pro Rata”) and receive additional Ordinary Shares in relation thereto at the Share Price (as defined below). If a Founding Shareholder or its designated Affiliate elects not to contribute all or any of its Call Option Pro Rata of the applicable Additional Capital (a “Deficit Amount”), the other Founding Shareholder may, or may designate an Affiliate of such Founding Shareholder to, contribute to the JVCO as Additional Capital an amount (the “Excess Contribution”) not to exceed the Deficit Amount within thirty (30) days of the determination that a Deficit Amount exists. If a Founding Shareholder or its designated Affiliate makes an Excess Contribution, such Founding Shareholder or its designated Affiliate, as applicable, shall receive a number of additional Ordinary Shares equal to the Excess Contribution divided by the Share Price.
(b) For purposes of this Article 3, “Share Price” shall be determined based upon:
