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. After payment of the 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 $7.95 million of proceeds or value after payment of the senior note, and (b) 15% 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. 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 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.
Equity Kicker. Solely with respect to the Funding Date that is currently contemplated to occur on March 29, 2021 (the “Specified Funding Date”), notwithstanding the condition precedent in Section 4.03(g)(ii) of the Credit Agreement, within five (5) Business Days’ of such Specified Funding Date, the applicable Lenders 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) of the Credit Agreement.
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. In connection with the Tranche A 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 (such Class B Units, the “Equity Kicker”) 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 Loans of such Lender (relative to all Loans then outstanding), (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 consideration for the loan, Lender shall be entitled to an "Equity Kicker." The Equity Kicker shall consist of shares of Borrower's common stock. Lender is informed by the Borrower that the Borrower is contemplating a private placement offering of its securities, through a placement agent, and that the terms of such private placement are presently undergoing final negotiation (the "Private Placement"). Provided that any portion of the Private Placement is conducted and closed prior to the Maturity Date of the Promissory Note with gross proceeds to the Borrower in excess of $1,000,000, the Lender shall be entitled to an Equity Kicker equal to 40,000 shares of the Borrower's common stock for each $100,000 loan, or any pro rated portion thereof. For purposes of illustration only, assuming that the Lender loans $150,000 pursuant to this Loan Agreement and the Borrower closes upon a Private Placement in excess of $1,000,000; then, the Equity Kicker shall be equal to 60,000 shares of the Borrower's common stock.
