Equity Funding Sample Clauses

Equity Funding. Parent shall obtain the Equity Funding contemplated by the Equity Commitment Letters. Parent shall not permit any amendment or modification to be made to, or any waiver of any material provision or remedy under, any Equity Commitment Letter without the prior written consent of Seller (such consent not to be unreasonably withheld, conditioned or delayed).

Equity Funding. The Owner Participant will advance (a) its Equity Investment and (b) amounts necessary to pay all Transaction Expenses.

Equity Funding. The Equity Contribution Agreement shall continue to be in full force and effect and, to the Borrower’s knowledge, no material breaches or defaults have occurred and are continuing thereunder.

Equity Funding. At least $1,825,800,000 shall have been contributed to the Borrower either (i) prior to the Closing Date (and verified in writing by the Independent Engineer) or (ii) on the Closing Date and deposited into the Construction Account (as verified by the Account Bank) concurrently with the consummation of the transactions contemplated by the Transaction Documents (any such Equity Funding contemplated by this clause (z)(ii), the “Closing Date Equity Funding”);

Equity Funding. The Company shall have received evidence of (i) the funding of all of the Investment Commitments (as defined in the Equity Commitment Letter) into the Escrow Account (as defined in the Equity Commitment Letter) in accordance with the Equity Commitment Letter, (ii) the funding of all Backstop Commitments (as defined in the Backstop Agreement) into the Escrow Account (as defined in the Backstop Agreement) in accordance with the Backstop Agreement, (iii) the funding of all amounts subscribed for and payable by the Rights Holders (as defined in the Backstop Agreement) in the Rights Offering, if any, into the Escrow Account (as defined in the Backstop Agreement) in accordance with the Backstop Agreement, (iv) each of the Purchasers having delivered joint written instructions to the Escrow Agent (as defined in the Equity Commitment Letter) stating that (A) the Escrow Agent shall draw the full amount of each Qualifying Letter of Credit (as defined in the Equity Commitment Letter) at the First Closing and (B) the funds held in such Escrow Account (including all such amounts drawn under the Qualifying Letters of Credit), other than funds in an amount equal to the OV2 Investment Commitment (as defined in the Equity Commitment Letter), shall be released to Parent at the First Closing in accordance with this Agreement and (v) Parent having delivered written instructions to the Subscription Agent (as defined in the Backstop Agreement) stating that (A) the Subscription Agent shall draw the full amount of each Qualifying Letter of Credit (as defined in the Backstop Agreement) at the First Closing and (B) the funds held in such Escrow Account (including all such amounts drawn under the Qualifying Letters of Credit) shall be released to Parent at the First Closing in accordance with this Agreement.

Equity Funding. Acquiror will use its best efforts to raise a minimum of $800,000 (or such lesser amount as provided in this section) or maximum of $2,300,000 ('Equity Funding') of net proceeds from the proposed issuance of convertible preferred stock and Common Stock. No more than 1,000,000 shares of Common Stock shall be issued or reserved for issuance in connection with the offering and the per share price of Common Stock shall be no less than $3.00 a share. Any preferred stock sold shall bear a per annum dividend rate of no greater than 10-3/4%. In the event that one or more of the debt holders listed on Schedule 9.12 elects to convert his or her debt into Preferred Stock at the closing, then the Equity Funding requirements shall be reduced by the amount of debt converted pursuant to Section 9.12." 2. Section 8.3 of the Agreement is hereby deleted in its entirety and the following Section 8.3 is inserted in its place:

Equity Funding. Bank shall have received all documents it may reasonably request evidencing the equity funding to be closed prior to, concurrently with, or soon after the Closing Date.

Equity Funding. In the event District obtains supplemental funding, the District may establish an Equity Fund. Once funded, the District agrees that KUA is eligible for distribution of proceeds from the Equity Fund, assuming KUA demographics remain comparable to the district’s “combined disadvantaged” rate for historically underserved groups based on race, home language, poverty, and disabilities. Any payment provided under this section is in addition to the payment calculated under section 6A(i-iv). To be eligible for supplemental funding under this section, KUA will perform at or above District levels of achievement on statewide tests, compared to schools with similar demographics for Combined Disadvantaged, and meeting state growth expectation as reported on the state report card. The District will create a formula for distribution of funds to all qualifying schools. In the event achievement or school demographics fall below the required minimums detailed above, KUA will not be eligible for supplemental Equity Fund distribution. KUA will delineate the Equity Funding in their annual budget and restrict expenditures to approved activities. KUA will report annually to the District on how the funds were targeted and the impact of interventions based on mutually agreed upon metrics.

Equity Funding. The Equity Contributing Parties shall have contributed to the Project Account the equity portion of funding necessary such that the Maximum Loan-to-Eligible Project Costs Ratio (taking into account any in-kind Equity Contribution at the budgeted amount included in the Base Case Financial Model as set forth in Exhibit E-5) upon the funding of Loans to be made on the Borrowing Date does not exceed the Maximum Loan-to-Eligible Project Costs Ratio.