Equity Kicker. In connection with each Funding Date (other than with respect to any Tranche C Loans or Tranche D Loans), (i) such Lender (or the Lender Equity Owner Affiliated with such Lender) shall have been granted Class B Units on the terms set forth in the HoldCo Borrower LLC Agreement so that such Lender (or its Affiliated Lender Equity Owner) holds a proportion of Class B Units (relative to all Class B Units) equal to the proportion of Tranche A Loans and Tranche B Loans of such Lender (relative to all Tranche A Loans and Tranche B Loans then outstanding) (and, if required under the Holdco Borrower LLC Agreement, such Lender shall sign a joinder to such agreement), (ii) such Lender and Borrower shall have agreed in writing as to the portion of such Loan allocated to the purchase of the corresponding Equity Kicker as required pursuant to Section 2.01(f) and (iii) if the HoldCo Borrower LLC Agreement has been amended since the Closing Date, such amendment shall be in form reasonably satisfactory to the Required Lenders.
Equity Kicker. In connection with each Funding Date, (i) such Lender (or the Lender Equity Owner Affiliated with such Lender) shall have been granted Class B Units on the terms set forth in the HoldCo Borrower LLC Agreement so that such Lender (or its Affiliated Lender Equity Owner) holds a proportion of Class B Units (relative to all Class B Units) equal to the proportion of Term Loans of such Lender (relative to all Term Loans then outstanding) (and, if required under the Holdco Borrower LLC Agreement, such Lender shall sign a joinder to such agreement), (ii) such Lender and Borrower shall have agreed in writing as to the portion of such Loan allocated to the purchase of the corresponding Equity Kicker as required pursuant to Section 2.01(f) and (iii) if the HoldCo Borrower LLC Agreement has been amended since the Closing Date, such amendment shall be in form reasonably satisfactory to the Required Lenders.
Equity Kicker. After payment of senior note, additional amounts are due and payable based on availability of Net Sale Proceeds or, if no sale, Net Appraisal Value. Holder's claim equals (a) the first $3 million of proceeds or value, (b) 50% of next $6.7 million, and (c) 75% of any remaining proceeds or value.
Equity Kicker. Mortgagor agrees to pay to HUD f if teen percent of the gross sales price minus the mortgage balance upon a sale or conversion; or fifteen percent of the gross proceeds from a refinancing.
Equity Kicker. Not structured to contain an “equity kicker” or similar financing arrangement which shares with the lender any “equity” in the Property. Because of certain accommodations made under the Guaranty, Xxxxxxx’x required equity contribution under any Financing arrangement must be contributed in all material respects to the Property prior to any advance of Financing. Any Financing may be evidenced by one or more promissory notes and may be (but shall not be required to be) secured by one or more Mortgages. If any Financing is secured by a Mortgage, the Mortgage shall be subject to all of the terms and conditions set forth herein.
Equity Kicker. After payment of loan and deferred interest, additional amounts are due and payable based on availability of Net Sale Proceeds or, if no sale, Net Appraisal Value. Holder's claim equals (a) the first $771,445.77, and (b) 20% of any remaining proceeds or value.
Equity Kicker. After payment of all three (3) loans (the documents provide various formulas for computation of the Equity Kicker in the event the loans are not paid off together), additional amounts are due and payable based on availability of Net Sale Proceeds or, if no sale, Net Appraisal Value (which Net Sales Proceeds or Net Appraisal Value, as applicable, includes amounts in the Master Reserve Account, the reserve accounts and the outstanding letter of credit). Holder's claim equals (a) after payment of the first $1.4 million to borrowers (which may be in the form of cancellation of any remaining face amount of a letter of credit held for the benefit of the first mortgagee), 50% of proceeds or value, up to the amount of the deferred interest (capped at $4.45 million), and (b) 25% of any remaining proceeds or value.
Equity Kicker. As additional interest to Lender under this Note, -------------- Company agrees to issue and Lender agrees to accept a warrant for One Million Seven Hundred Twenty-Five Thousand (1,725,000) common shares of the Company (the "Warrants") at an exercise price of $0.04. Such Warrant is attached to this Note as Exhibit A.
Equity Kicker. Kushner and DiLorenzo will enter into xx xxxxxxent with Livingston thxx xxxxides xxxx xx xuch time as Kushner and DiLorenzo hxxx xxxxxxed, directly or indirectly:
10.1. In excess of $10,000,000 and up to $15,000,000 from the sale of Xenascent Common Stock, each of them shall pay to Livingston ten percent (10%) of the net proceeds to them of sucx xxxxxx xt the time of any such sale; and
10.2. In excess of $15,000,000 and up to $50,000,000 from the sale of Zenascent Common Stock, each of them shall pay to Livingston fifteen percent (15%) of the net proceeds to them of xxxx xxxxss at the time of any such sale.
Equity Kicker in consideration for the Lender’s willingness to give the Loan to the Borrower, the Borrower will also issue to the Lender, at the Closing Date, free of charge, twenty percent (20%) of the Borrower's outstanding share capital (on a fully diluted basis), as it is on the Closing Date ("Equity Kicker"). such shares will be Free and Clear except for limitations on resale according to the Securities Law and the regulations pursuant thereto and except for the limitations imposed on such shares by the Israeli Ministry Of Communication.
