Equity Contributions Clause Samples

Equity Contributions. Make, or permit any Significant Subsidiary to make, any equity contributions to any Unregulated Subsidiary; provided, however, that this Section 5.03(h) shall not restrict or otherwise apply to (i) any such equity contributions that are required by Applicable Law or court order or (ii) any intercompany advances made to any Unregulated Subsidiary (including, without limitation, pursuant to the Unregulated Money Pool Agreement) that are recharacterized by a court or other Governmental Authority as equity contributions.

Equity Contributions. 1.7.1.1 The Parties anticipate that from time to time during the term of this Agreement, the Company will obtain financing for the development of the Premises and the Facilities and other Project Costs in accordance with the terms and conditions of Section 2.18 entitled FINANCING. Any funds required for the completion of the initial development of the Premises and construction of the Facilities, in excess of the financing obtained by Company, shall be provided by Company as an Equity Contribution. . 1.7.1.2 Any additional capital required for the operation or maintenance of the Premises and the Facilities or other Project Costs following completion of construction of the Facilities on any separate legal parcel of the Premises and any capital required to repay any Leasehold Mortgages thereon, shall be contributed fifty percent (50%) by Company and fifty percent (50%) by Lessor within thirty (30) days of the receipt of demand by Company for such capital, which demand shall be accompanied by information and evidence, in reasonable detail, substantiating the amount and reasons for such demand. If any party fails to make such Equity Contribution, the other party may make such Equity Contribution for the delinquent party. 1.7.1.3 In the event of default by Company and the subsequent foreclosure and sale of the leasehold interest to another party, or in the event of a deed in lieu of foreclosure, the total unpaid balance of the Leasehold Mortgage at the date of the foreclosure sale or recording of the deed in lieu of foreclosure, including all costs of foreclosure, shall be considered an Equity Contribution of the Leasehold Mortgagee or purchaser at foreclosure, as the case may be, as of the date of such foreclosure sale or the date of recording the deed in lieu of foreclosure. 1.7.1.4 Any portion of Total Revenue remaining after payment by Company of Debt Service and all costs (except Rent) associated with the ownership, operation, financing, maintenance and leasing of the Premises and the Facilities, during each calendar year of the term of this Agreement will be applied to the Parties Equity Contributions until such time as all Equity Contributions are repaid in full together with interest thereon. All Equity Contributions made in accordance with the provisions of Section 1.7.1.1 and all Equity Contributions made in accordance with Section 1.7.1.3 shall be repaid in full prior to the repayment of any Equity Contributions made in accordance with Section 1.

Equity Contributions. (1) Lender shall have received, in form and substance satisfactory to Lender, evidence that Acquisition has received net cash proceeds from a cash equity capital contribution to Acquisition after the date hereof of not less than $1,000,000 (the "Acquisition Equity Contribution") and Angeles has received net cash proceeds from a cash equity capital contribution to Angeles after the date hereof of not less than $1,500,000 minus the amount of the Acquisition Equity Contribution (the "Angeles Equity Contribution"). (2) Angeles may defer making the Angeles Equity Contribution for not more than 10 days after the date hereof. Notwithstanding anything in this Agreement to the contrary, no Loans or Letter of Credit Accommodations will be made to Angeles until the Angeles Equity Contribution has been made. At the date the Angeles Equity Contribution has been made and Loans and Letter of Credit Accommodations are to be made to Angeles, all conditions precedent set forth in this Section 4.1 must be met again before Loans and Letter of Credit Accommodations will be made to Angeles. Angeles shall give Lender at least five Business Days advance written notice prior to the date Angeles wishes to obtain the first Loan or Letter of Credit Accommodation hereunder. If Angeles fails to make the Angeles Equity Contribution within 10 days after the date hereof, such failure shall constitute an Event of Default under this Agreement. (3) Prior to the date the first Loan or Letter of Credit Accommodation is made to Angeles, Angeles shall not be required to meet the requirements of Sections 6.3 (relating to collection of Accounts), 7.1 (relating to collateral reporting, except that Borrower shall comply with the requirement of Section 7.1 relating to a fully integrated perpetual inventory system acceptable to Lender), 7.2 (a) (e) (relating to Accounts covenants). After the date the first Loan or Letter of Credit Accommodation is made to Angeles, Angeles shall meet all such requirements. (4) Prior to the date the first Loan or Letter of Credit Accommodation is made to Angeles, Lender acknowledges that security interests in Angeles' assets will be held by General Electric Credit Corporation and Union Bank. Any event of default under the obligations secured by said security interests shall constitute an Event of Default hereunder (unless cured within any cure period provided in the agreements between Angeles and said lenders or waived in writing by said lenders). Prior to the date the ...

Equity Contributions. The Acquisition Equity Contribution shall have been made and the full amount of the proceeds thereof shall have been deposited on the Funding Date in escrow accounts held by the Financing Escrow Agent pursuant to the terms of the Financing Escrow Agreement.

Equity Contributions. (a) The Acquisition Agreement will provide for the transfers of shares of capital stock of the Company owned by the Lead Investors (or affiliates of the Lead Investors ) and Triples, free and clear of all liens and encumbrances, as follows: (i) the transfer by Kingdom (or affiliates of Kingdom) to Acquirer of 7,389,182 Limited Voting Shares of the Company, valued at the price paid to public shareholders pursuant to the Acquisition Agreement (the “Acquisition Price”), in exchange for 7,389,182 Class A Non-Voting Shares of Acquirer; (ii) the transfer by Cascade (or an affiliate of Cascade) to Acquirer of 715,850 Limited Voting Shares of the Company, valued at the Acquisition Price, in exchange for 715,850 Class B Non-Voting Shares of Acquirer; and (iii) the transfer by Triples to the Acquirer of 3,725,698 Variable Multiple Voting Shares of the Company, valued at the Acquisition Price, in exchange for (x) a number of Class C Non-Voting Shares of Acquirer equal to the difference between (1) 1/19 multiplied by the sum of 900 plus the total number of Class A Non-Voting Shares and Class B Non-Voting Shares of the Acquirer issued at the Closing, and (2) 100, and (y) a number of Class D Non-Voting Shares of Acquirer equal to 3,725,698 less the number of Class C Non-Voting Shares of Acquirer issued at the Closing. (b) Each of the Lead Investors hereby agrees to contribute (or cause to be contributed) cash to Acquirer, immediately before the Closing, in accordance with, and subject to satisfaction or waiver of the conditions to the Closing set forth in, the Acquisition Agreement, in the following amounts: (i) by Kingdom (or an affiliate of Kingdom), cash equal to 50% of the Required Common Equity (as defined below), less the sum of (A) US$450 plus (B) the value of the contributed Limited Voting Shares (valued at the Acquisition Price) described in Paragraph 4(a)(i) (the “Kingdom Cash Contribution”), in exchange for a number of Class A Non-Voting Shares of Acquirer equal to the Kingdom Cash Contribution divided by the Acquisition Price; and (ii) by Cascade (or an affiliate of Cascade), cash equal to 50% of the Required Common Equity (as defined below), less the sum of (A) US$450 plus (B) the value of the contributed Limited Voting Shares (valued at the Acquisition Price) described in Paragraph 4(a)(ii) (the “Cascade Cash Contribution”), in exchange for a number of Class B Non-Voting Shares of Acquirer equal to the Cascade Cash Contribution divided by the Acquisition P...

Equity Contributions. (i) the Equity Requirement (as defined in the Equity Contribution Agreement) shall have been funded in full as of the Term Conversion Date in accordance with the Equity Contribution Agreement; (ii) the sum of final Equity Contributions and borrowings at Term Conversion shall not exceed the amount required to pay Total Project Costs; and (iii) no more than [***] of borrowings of combined Construction Loans and/or Term Loans shall be made on the Term Conversion Date to fund the distribution permitted to be made in accordance with Clause Fourth of Section 4.1(c) of the Depositary Agreement.

Equity Contributions. Each of the Lead Investors and Triples hereby agrees to contribute to Acquiror, concurrently with the Closing and subject to satisfaction or waiver of the conditions to closing to be set forth in the Acquisition Agreement, all of the shares of capital stock in the Company owned by such Party, free and clear of all liens and encumbrances, and cash, in each case as set forth below. (a) Kingdom shall contribute (or cause a wholly owned subsidiary to contribute) 50% of the Required Common Equity (as defined below), consisting of the 7,389,182 Limited Voting Shares of the Company currently held by Kingdom Investments, Inc., valued at the price paid to public shareholders pursuant to the Acquisition Agreement (the “Acquisition Price”), plus an amount of cash equal to 50% of the Required Common Equity less the value of such contributed Limited Voting Shares, in exchange for 50% of the Series A Limited Voting Shares of Acquiror. (b) Cascade shall contribute 50% of the Required Common Equity, consisting of 715,850 Limited Voting Shares of the Company, valued at the Acquisition Price, plus an amount of cash equal to 50% of the Required Common Equity less the value of such contributed Limited Voting Shares, in exchange for 50% of the Series A Limited Voting Shares of Acquiror. (c) Triples shall contribute 3,725,698 Variable Multiple Voting Shares of the Company, valued at the Acquisition Price, in exchange for 3,725,698 Variable Multiple Voting Shares of Acquiror. The Variable Multiple Voting Shares of Acquiror shall be in two series and shall have the conversion, dividend, redemption, voting, and other rights described in the term sheet attached as Annex A hereto (the “Term Sheet”).

Equity Contributions. Borrower shall be in compliance with Section 5.17.

Equity Contributions. Cash Equity Contributions to the Company in an amount equal to the Cash Equity Contribution Amount shall have been made in full in cash to the Equity Proceeds Account.