Capital Injection. 1. For the exclusive use of promoting the innovative project described under (S) 1 Section 2(b), and based upon the information provided by the YTC in the Application for Investment dated Nov. 28, 1994, tbg makes an investment in the amount of DM 1,000,000.--, provided that the YTC can document an investment of DM 1,000,000 by SEQUENOM Inc., Boston, x/x XXX Xxxxxx Xxxxxxx Management L.P., 000 Xxxx , Xxxxxx, Xxxxxx XX 021 10, USA (referred to as Associated Company "AC" in the following), and that the AC has concluded a cooperation agreement with tbg. The AC will consult TVM Techno Venture Management Gesellschaft mbH & Co. KG, Xxxxxxxxxx. 00 A, 80802 Munich, regarding the management of the investment.
2. The injection by tbg shall be used for the co-financing of the investment and financing schedule described in the annex. The annex constitutes an integral part of this Investment Agreement. In the event that the project costs are reduced vis-a-vis those above stated, or if additional public funding is acquired retroactively, tbg is entitled to reduce its injection respectively in the proportion by which the investment volume is reduced. The amount by which the injection is reduced shall be returned to tbg at once.
3. The YTC is entitled to draw down the capital after the company becomes operational (cf. (S)3, Section 1), provided that its immediate designated utilisation and a proportional use of funds together with the other means of financing foreseen in Section 2 are guaranteed. The withdrawal must have appended a confirmation by the AC that the prerequisites for the withdrawal have been met.
4. This Agreement shall expire in the event that the capital is not drawn down, at least in part, latest by Sept. 31, 1995. [can that be an error in the contract?]
5. tbg is entitled to withhold a processing fee in the amount of I % of the total injection specified in this Agreement. Such fee will be withheld from the first partial withdrawal.
6. The YTC shall establish a separate desposit account for the injection by tbg. Withdrawals from this account by tbg are precluded.
Capital Injection. Party A will inject the assets of [relevant cloud calculation business] to the Company and complete the procedures for transfer of relevant intellectual property rights as soon as possible. Relevant titles thereto shall vest in the Company.
Capital Injection. 4.1 All Parties hereto agree with the capital injection under this Agreement to increase registered capital account of Target Company with the purpose of developing business of the Target Company in consistence with the applicable laws and regulations of PRC. Based on the information disclosed by Party A, Party B have already fully known of the assets, property and liabilities of Target Company and are desirous of injecting capital basing on the current assets condition of Target Company.
4.2 The Target Company will increase the registered capital from $12,421,800 to $15,723,800 through this capital injection, the increased registered capital amount will be $3,302,000.
4.3 The capital amount of this capital injection in US currency shall be payed by Parties B under this Agreement, And Party B shall pay RMB ¥116,760,000 to purchase the increased registered capital amount of US $3,302,000 in aggregate accounting for 21% of full capital stock after capital injected, which including:
1) Party B1, Shanghai Linghui shall pay RMB ¥45,870,000 to purchase the increased registered capital amount of US $1,297,200 in this capital injection,
2) Party B2, Zhejiang Zhongke Zhaoying shall pay RMB ¥16,680,000 to purchase the increased registered capital amount of US $471,700 in this capital injection,
3) Party B3, Zhejiang Meibang Kunyuan shall pay RMB ¥16,680,000 to purchase the increased registered capital amount of US $471,700 in this capital injection,
4) Party B4, Beijing Yingshi shall pay RMB ¥16,680,000 to purchase the increased registered capital amount of US $471,700 in this capital injection,
5) Party B5, Shanghai Deyang shall pay RMB ¥11,120,000 to purchase the increased registered capital amount of US $314,500 in this capital injection,
6) Party B6, Shanghai Xinyada Hengcheng shall pay RMB ¥9,730,000 to purchase the increased registered capital amount of US $275,200 in this capital injection, After accomplishing this capital injection under Term 4.3, the equity structure of the Target Company shall be: Shareholders Amount of registered Capital distribution Form of Capital Injection The Proportion in Registered Capital Sinoenergy Holding US$11,800,000 Currency 75.05 % Shanghai Linghui US$1,297,200 Currency 8.25 % Jiaxing Li Ou US$621,800 Currency 3.95 % Zhejiang Zhongke Zhaoying US$471,700 Currency 3 % Zhejiang Meibang Kunyuan US$471,700 Currency 3 % Beijing Yingshi US$471,700 Currency 3 % Shanghai Deyang US$314,500 Currency 2 % Shanghai Xinyada Hengcheng US$275...
Capital Injection. Pursuant to the Capital Injection Agreement, each of Xxx Xxx, Xxx Xxxx and Hua Ze, agreed that the registered capital of Tian Fa Equipment be increased from RMB86,343,700 (approximately HK$89,941,400) to RMB180,597,600 (approximately HK$188,122,500) by injection of the followings:- i) Xxx Xxx will pay the consideration in land and properties valued at RMB88,670,400 (approximately HK$92,365,000) less the consideration to be received in transfer of its shares in Tian Fa Equipment in value of RMB6,230,000 (approximately HK$6,489,600) to Hua Ze, dividing between RMB59,739,400 (approximately HK$62,228,500) as contribution to the registered capital of Tian Fa Equipment and RMB22,701,000 (approximately HK$23,646,900) as contribution to the capital reserves of Tian Fa Equipment. The value for the land and properties are with reference to the valuation performed by an independent valuer and the Company considers that such valuation amount is fair and reasonable; ii) Xxx Xxxx will pay the consideration of RMB41,400,000 (approximately HK$43,125,000) in cash dividing between RMB30,000,000 (approximately HK$31,250,000) as contribution to the registered capital of Tian Fa Equipment and RMB11,400,000 (approximately HK$11,875,000) as contribution to the capital reserves of Tian Fa Equipment; and iii) Hua Ze will pay the consideration of RMB6,230,000 (approximately HK$6,489,600) in transfer of shares in Tian Fa Equipment in such value by Xxx Xxx, dividing between RMB4,514,500 (approximately HK$4,702,600) as contribution to the registered capital of Tian Fa Equipment and RMB1,715,500 (approximately HK$1,787,000) as contribution to the capital reserves of Tian Fa Equipment. There is no further capital injection obligation for Xxx Xxxx under the Capital Injection Agreement and is expected that the capital injection by Xxx Xxxx will complete within 3 months of entering into the Capital Injection Agreement. The following table shows the percentage interest in the registered capital of Tian Fa Equipment before and after completion of the Capital Injection:– Injection RMB (%) RMB RMB (%) Xxx Xxx 48,016,000 (55.6%) 82,440,400(Note 1) 107,755,400 (59.7%) Xxx Xxxx 31,397,714 (36.4%) 41,400,000(Note 2) 61,397,714 (34.0%) Hua Ze 6,930,000 (8%) 6,230,000(Note 3) 11,444,500 (6.3%) Total: 86,343,714 (100%) 130,070,400 180,597,614 (100%) Notes:
Capital Injection. The Company does not receive a capital injection of debt or equity in a minimum amount of $3,000,000.00 within 150 days of the closing of this loan.
Capital Injection. 1.1. The Target Company agrees to increase its registered capital from RMB507,011,800 to RMB1,126,692,900 and the newly increased registered capital shall be all subscribed by the Investors. Subject to the terms and conditions hereof, the Investors agree to contribute RMB935,000,000 in aggregate to subscribe for the Target Company’s newly increased registered capital (the “Capital Injection”).
1.2. The amount that each Investor shall pay (the “Investment Amount”) and the registered capital of the Target Company that each Investor shall subscribe hereunder are as follows: 1. iKang 76,500 50,701.18 45 % 2. Top Spring Pu Xxxxx 17,000 11,266.93 10 %
1.3. On the next day following the execution of the Agreement, iKang and Top Spring Pu Xxxxx shall pay an amount of RMB80,000,000 and RMB18,000,000, respectively, to a bank account designated by NCI as the down payment for the Capital Injection. Such amount shall count as part of the Investment Amount to be paid by such Investor.
1.4. Subject to the satisfaction of the terms and conditions under the Article 3 hereof, each Investor shall pay the Investment Amount in full within 20 business days after the date hereof to a bank account designated by NCI.
Capital Injection. 1. For the exclusive use of financing the innovative project described and based upon the information provided by the TC in the Application for Investment dated June 16/17, 1997 tbg makes an investment in the amount of DM 2,000,000.--, provided that the TC documents the following investment agreements: Investment in the amount of DM 2,000,000.- by Sequenom Inc., II 555 Sorrento Valley Road, San Diego, CA 9212 1, USA (hereinafter referred to as AC, also in the case of multiple investors), and provided that the AC has concluded a co-operation agreement with tbg. The AC will consult with TVM Techno Venture Management, Xxxxxxxxx Xxx. 00, 00000 Xxxxxx - hereinafter referred to as TVM -- regarding management of the TU. Authorisation of tbg to draw down the fixed payments due tbg.
2. The injection by tbg shall be used for the co-financing of the project- related planning described in Annex I which is an integral part of this investment contract.
3. The TC is entitled to draw down the capital after the company becomes operational (cf. (S)3, Section 1), provided that its immediate designated utilisation and a proportional use of funds together with the other means of financing foreseen in Annex I and total financing of the innovation project are guaranteed. The withdrawal must have appended a confirmation by the AC and TVM that the prerequisites for the withdrawal have been met.
4. This Agreement shall expire in the event that the capital is not drawn down, at least in part, latest by March 31, 1998.
5. tbg is entitled to withhold a processing fee in the amount of 1% of the total injection specified in this Agreement. Such fee will be withheld from the first partial withdrawal.
6. The TC shall establish a separate deposit account for the injection by tbg. Withdrawals from this account by tbg are precluded.
Capital Injection. (a) Loan Parties covenant and agree that Stonepath will receive a capital injection, in cash, (as equity or subordinated indebtedness under terms and agreements acceptable to Lender) of at least $5,000,000 ("Required Capital Injection") by no later than April 30, 2005.
(b) If the Required Capital Injection is not received by April 30, 2005, the Special Availability Reserve shall then be automatically and permanently increased from $2,750,000 to $3,000,000 and a special facility fee of $100,000 will then be automatically and unconditionally earned by Lender on May 1, 2005. The Special Availability Reserve shall be further automatically and permanently increased by $250,000 on each of May 31, 2005, June 30, 2005, September 30, 2005, December 31, 2005 and March 31, 2006 and (ii) a further special facility fee of $100,000 shall be automatically and unconditionally earned by Lender on each of June 1, 2005, July 1, 2005, October 1, 2005, January 1, 2006 and April 1, 2006 if the Required Capital Injection has not been received by Stonepath prior to the respective applicable date set forth.
(c) If (and regardless of when) the Required Capital Injection is received by Stonepath, the Special Availability Reserve shall in any event be automatically and permanently increased by $250,000 on each of August 31, 2005, November 30, 2005 and February 28, 2006 and a further special facility fee of $100,000 shall be automatically and unconditionally earned by Lender on each of September 1, 2005, December 1, 2005 and March 1, 2006.
(d) To the extent the fees described in this paragraph are earned by Lender according to the terms hereof, each such fee shall be due and payable on the respective date earned. Each and every fee earned by Lender pursuant to this paragraph shall be nonrefundable and in addition to, and not in lieu of or substitution for, any other fee at any time earned by or payable to Lender pursuant to the terms of the Loan Agreement. Loan Parties expressly acknowledge and agree that the fees described in this Agreement have been specifically negotiated by the parties and shall, as applicable, be earned by Lender in consideration of accommodations being made to the Loan Parties by and the credit risk undertaken by the Lender under this Amendment.
Capital Injection. In the event of a Capital Markets ----------------- Transaction, the proceeds must be contributed to the Borrower, in accordance with the requirement of the Resources/Production Capital Markets Transaction Letter as a capital injection by Resources or by an Affiliate of the Borrower and such proceeds shall be used as a mandatory prepayment and permanently reduce the Availability (except to the extent expressly provided for in this Agreement with respect to the Capital Expenditures Portion) in the amount of the prepayment (i) first to prepay the Fixed Asset Allocation, (ii) then to prepay the amounts pursuant to Section 2.6(b) and (iii) finally, to prepay any outstanding loans under the Capital Expenditures Portion.
Capital Injection. Party A will inject the assets of [NSM chip and relevant reference designs and patents thereto; RT10UP chip and relevant reference designs and patents thereto and source code] to the Company and complete the procedures for transfer of relevant intellectual property rights as soon as possible. Relevant titles thereto shall vest in the Company upon transfer. (List of Asset Injection is attached to the Agreement)
