Alternative Investment Sample Clauses

Alternative Investment. The Account Holder may, at his or her discretion, direct the Custodian to purchase non‐publicly traded investments (herein after referred to as an “Alternative Investment”) which include, but shall not be limited to, private placement securities offered in reliance upon exemptions provided by Sections 3(B) and 4(2) of the Securities Act of 1933 and Regulation D promulgated thereunder, or other investments which are individually negotiated by the Account Holder. It is the Account Holder’s responsibility to determine that any specific investment or investment course of action is suitable, legally permissible and he or she agrees to assume all risk of possible loss of principal and earnings. In addition, it is the Account Xxxxxx’s responsibility to determine whether or not his or her selected investment is required to be registered as a security with any applicable federal and/or state regulatory authority. If the Account Holder should direct the Custodian to purchase an Alternative Investment, the following special certifications and provisions shall apply:
Sample 1Sample 2
Alternative Investment. The terms and conditions set forth on Annex M shall apply in the circumstances described therein.
Sample 1
Alternative Investment. Nothing in this Subscription Agreement will be deemed to preclude the Subscriber from making any proposal for an investment, transaction or plan that would be an alternative to the investment contemplated by the Investment Agreement or the Chapter 11 Plan (as defined in the Investment Agreement), or from financing any such proposal made by a third party.
Sample 1
Alternative Investment. A subscription for Notes should be considered only by persons financially able to maintain their investment and who can bear the risk of loss associated with an investment in the Notes. Investors should review closely the investment objectives in the Underlying Asset as outlined herein to familiarise themselves with the risks associated with an investment in the Issuer. There is no assurance that the Issuer will be able to achieve its investment objective.
Sample 1
Alternative Investment. Vehicle" has the meaning given to it in the Master Fund Agreements;
Sample 1
Alternative Investment. If at any time (the “Trigger Date”) the Proposer becomes aware that the Selected SCIP is not available to receive the SCIP Capital Commitment due to conditions or circumstances beyond the control of Proposer and its affiliates, then: Proposer shall promptly notify NYSERDA of such conditions or circumstances and identify one or more economic investments of equal or greater value than the Selected SCIP (“Alternative Investments”) that Proposer proposes to reallocate its SCIP Capital Commitment to; NYSERDA shall have the right for a period of sixty (60) days following receipt of such notice to assess the information and Proposer’s proposed Alternative Investment(s). NYSERDA’s consent to the proposed Alternative Investment(s) shall not be unreasonably withheld or conditioned. If NYSERDA agrees in its reasonable discretion that the Alternative Investment(s) is of equal or greater value than the Selected SCIP, NYSERDA shall inform Proposer of such and Proposer shall reallocate one hundred percent (100%) of the SCIP Capital Commitment toward such Alternative Investment(s), with the value of the SCIP Capital Commitment calculated as of the date of the identification of such Alternative Investment(s) by Proposer. Notwithstanding the foregoing, if an acceptable Alternative Investment is not be identified by Proposer or agreed by NYSERDA within sixty (60) days of the Trigger Date, then, within three (3) Business Days of the expiration of such sixty (60) day period following the Trigger Date, Proposer shall release into a segregated account (an escrow account with an unaffiliated trustee reasonably acceptable to NYSERDA), the SCIP Capital Commitment for use by NYSERDA toward an Alternative Investment selected by NYSERDA (a “NYSERDA Alternative”); provided that NYSERDA shall use commercially reasonable efforts to identify a NYSERDA Alternative that could be utilized by Proposer or their affiliates to support the Selected Project.
Sample 1
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Related to Alternative Investment

  • PIPE Investment (a) Unless otherwise approved in writing by the Company, no Acquiror Party shall permit any amendment or modification to be made to, any waiver (in whole or in part) or provide consent to (including consent to termination), of any provision under any of the Subscription Agreements in a manner adverse to the Company and/or its Subsidiaries. Acquiror shall use commercially reasonable efforts to take, or cause to be taken, all actions and do, or cause to be done, all things necessary, proper or advisable to consummate the transactions contemplated by the Subscription Agreements on the terms and conditions described therein, including maintaining in effect the Subscription Agreements and to: (i) satisfy in all respects on a timely basis all conditions and covenants applicable to Acquiror in the Subscription Agreements and otherwise comply with its obligations thereunder, (ii) in the event that all conditions in the Subscription Agreements (other than those conditions that by their nature are to be satisfied at the Closing) have been satisfied, consummate transactions contemplated by the Subscription Agreements in accordance with the terms thereof; (iii) confer with the Company regarding timing of the Expected Closing Date (as defined in the Subscription Agreements); and (iv) deliver notices to counterparties to the Subscription Agreements sufficiently in advance of the Closing to cause them to fund their obligations immediately prior to the First Merger. Without limiting the generality of the foregoing, Acquiror shall give the Company, prompt written notice: (A) of any amendment to any Subscription Agreement; (B) of any material breach or default (or any event or circumstance that, with or without notice, lapse of time or both, could give rise to any material breach or default) by any party to any Subscription Agreement known to any Acquiror Party; (C) of the receipt of any material notice or other communication from any party to any Subscription Agreement with respect to any actual, potential, threatened or claimed expiration, lapse, withdrawal, breach, default, termination or repudiation by any party to any Subscription Agreement or any provisions of any Subscription Agreement in any material respects; and (D) if Acquiror does not expect to receive all or any portion of the PIPE Investment Amount on the terms, in the manner or from the PIPE Investors as contemplated by the Subscription Agreements.

  • Speculative Investment Purchaser’s investment in the Company represented by the Plan Shares is highly speculative in nature and is subject to a high degree of risk of loss in whole or in part. The amount of such investment is within Purchaser’s risk capital means and is not so great in relation to Purchaser’s total financial resources as would jeopardize the personal financial needs of Purchaser or Purchaser’s family in the event such investment were lost in whole or in part.

  • Acceptable Investment The Company has no knowledge of any circumstances or conditions with respect to the Mortgage Loan, the Mortgaged Property, the Mortgagor or the Mortgagor's credit standing that can reasonably be expected to cause private institutional investors to regard the Mortgage Loan as an unacceptable investment, cause the Mortgage Loan to become delinquent, or adversely affect the value or marketability of the Mortgage Loan;

  • The Investment Account; Eligible Investments (a) Not later than the Withdrawal Date, the Master Servicer shall withdraw or direct the withdrawal of funds in the Custodial Accounts for P&I, for deposit in the Investment Account, in an amount representing:

  • Equity Investment “Equity Investment” shall mean pursuant to IRC § 45D(b)(6) and 26

  • Investment Funds Unregistered general or limited partnerships or pooled investment vehicles and/or registered investment companies in which the Company (directly, or indirectly through the Master Fund) invests its assets that are advised by an Investment Manager.

  • Minimum Investment Prior to the Rent Commencement Date, Tenant, at Tenant’s sole cost and expense, shall refurbish, redecorate and modernize the interiors and exteriors of the Premises, and otherwise complete the initial improvements necessary and appropriate to commence operations in the Premises (the “Initial Improvements”), at a minimum cost of the Minimum Investment Amount or less than said amount provided Tenant complies with the Concessions Design Guidelines and receives Design Review Committee approval. As-Built drawings of fire sprinkler and fire alarm systems must be submitted to Building Inspection and Code Enforcement (“XXXX”) in AUTOCAD “.DWG” format within 30 days of issuance of a Temporary Certificate of Occupancy (TCO). Within ninety (90) days after substantial completion of the Initial Improvements, Tenant must provide to City an AUTOCAD file and an electronic PDF file in accordance with the requirements as specified in the Tenant Improvement Guide and an affidavit, signed under penalty of perjury by both Tenant and Tenant’s general contractor, architect or construction manager, stating the hard construction costs paid by Tenant to complete the Initial Improvements, together with copies of paid invoices and lien waivers substantiating the costs stated in the affidavit. Such “hard construction costs,” which must equal or exceed the Minimum Investment Amount, may include architectural and engineering fees, provided the credit for such costs against the Minimum Investment Amount shall not exceed fifteen percent (15%) of the Minimum Investment Amount. The minimum investment may not include financial costs, interest, inventory, pre-opening expenses, inter-company charges related to construction, business interruption, overhead, or debt service on any construction loan, or any charges paid by Tenant to an affiliate. If Director disputes the amount of investment claimed by Tenant, Director may, at City’s expense, hire an independent appraiser to determine the cost of the investment. If the independent appraiser determines that the investment is less than the Minimum Investment Amount, the deficiency, as well as City’s costs of hiring such independent appraiser, will be paid to City by Tenant within sixty (60) days of City’s written notice of the appraiser’s determination. At any time, upon three (3) business days’ notice, City or its representatives may audit all of Tenant’s books, records and source documents related to the hard construction costs paid by Tenant to complete the Initial Improvements. If the audit reveals that the hard construction costs paid by Tenant were less than those stated in Tenant’s affidavit, then Tenant must pay City for the costs incurred by City in connection with the audit plus any additional deficiency discovered between the hard construction costs paid by Tenant and the Minimum Investment Amount. City, at City’s sole discretion, may require that Tenant comply with the terms of a Tenant Work Letter setting forth additional terms relating to Tenant’s construction of the Initial Improvements, and Tenant hereby agrees to comply with any such Tenant Work Letter.

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