EXCUSED INVESTMENTS Sample Clauses

EXCUSED INVESTMENTS. The General Partner may, in its sole discretion, excuse, in whole or in part, any Limited Partner from participation in any Portfolio Investment if the General Partner, in its sole discretion, has determined that any such participation (I) may constitute a conflict of interest for such Limited Partner, the Partnership or any other Co-Investment Fund, (II) may subject such Limited Partner, the Partnership or any other Co-Investment Fund to a material tax or material regulatory requirement to which it or they would not otherwise be subject, or which is reasonably likely to materially increase any such material tax or material regulatory requirement beyond what it would otherwise have been, or (III) may cause a Material Adverse Effect. In the event that, pursuant to the immediately preceding sentence, the General Partner excuses a Profits Limited Partner with respect to participation in a Portfolio Investment, the Associated Contribution of the Employer Limited Partner associated with such Profits Limited Partner shall be excused. For the avoidance of doubt, there will be no reduction in the Remaining Associated Commitment of an Employer Limited Partner with respect to an excused Profits Limited Partner associated with such Employer Limited Partner.
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EXCUSED INVESTMENTS. (a) If, within ten (10) Business Days after a Limited Partner has been given a Capital Call Notice pursuant to Section 3.3(a), such Limited Partner delivers to the General Partner a written opinion that satisfies the requirements of the following sentence, then such Limited Partner shall be excused from all of its obligation to make a Capital Contribution relating to that Investment (or that part of its obligation which would cause a violation as referred to below). The opinion referred to in the preceding sentence shall be a written opinion of counsel to such Limited Partner (which opinion and counsel shall be reasonably satisfactory to the General Partner) that there is a substantial likelihood that its participation (or in the case of an excuse from part but not all of its obligation, the part of its participation in question) in such Investment would cause a material violation of any law or regulation to which it is subject. If and when this requirement is satisfied, the General Partner shall notify each other Limited Partner of the excuse of such Limited Partner and shall deliver a new notice to each other Limited Partner indicating the additional payment with respect to its Capital Contribution to be made in respect of such Investment, and each such Partner shall make such additional payment within five (5) Business Days after having been given such new notice. Additional amounts called for pursuant to this Section 3.4(a) shall be made by each such other Limited Partner in an amount which bears the same ratio to the aggregate of the amounts payable by all such other Limited Partners as such other Limited Partner's Unused Capital Commitment bears to the Unused Capital Commitment of all such other Limited Partners. (b) The General Partner may, in its sole discretion, preclude a particular Limited Partner from participating in all or any part of an Investment if the General Partner obtains an opinion of counsel that there is a substantial likelihood that participation by such Limited Partner (or in the case of an excuse from part but not all of its obligation, the part of such Limited Partner's participation in question) in such Investment would: (i) cause a material violation of any law or regulation to which it or any of its Affiliates is or may be subject, or (ii) cause the Investment to be a "related party" transaction pursuant to the securities laws of Israel or may prevent the Partnership from being able to consummate the Investment, or impose sub...
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EXCUSED INVESTMENTS. The General Partner may, in its sole discretion, excuse any Limited Partner from participation in any investment of the Company if the General Partner has determined, in its sole discretion, that such investment may constitute a conflict of interest for such Limited Partner.
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EXCUSED INVESTMENTS. 12 5.3 DEFAULTING LIMITED PARTNERS.....................................12 5.4 TERMINATION OF EMPLOYMENT (OTHER THAN TIER 1 LIMITED PARTNERS)..
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EXCUSED INVESTMENTS. The General Partner may, in its sole discretion, excuse, in whole or in part, any Limited Partner from participation through the Partnership in (including without limitation making a Capital Contribution with respect to) any investment of Trident II, if the General Partner has determined, in its sole discretion, that any such participation may constitute a conflict of interest for such Limited Partner, the Partnership or Trident II.
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EXCUSED INVESTMENTS. 12 SECTION 6 - CAPITAL ACCOUNTS; DISTRIBUTIONS...................................13
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EXCUSED INVESTMENTS. A Partner may be excused by the General Partner from making a Capital Contribution with respect to a Portfolio Investment (an "Excused Investment" and such Partner, an “Excused Partner”) if (i) such Limited Partner reasonably determines that the making of such Capital Contribution as set forth in the Notice of Drawdown is prohibited by a law or regulation applicable to such Limited Partner and delivers an opinion of counsel (which opinion and counsel shall be reasonably satisfactory to the Partnership) to such effect or (ii) the General Partner determines, after consultation with counsel, that the making of such Capital Contribution as set forth in the Notice of Drawdown is prohibited by a law or regulation. If a Limited Partner is excused from a Capital Contribution under this Section 2.7, the General Partner may, in its sole discretion (i) reduce the amount of such Excused Partner's Remaining Capital Commitment to the Partnership by the amount that such Partner would otherwise have been required to contribute to the Partnership in respect of the Excused Investment or (ii) increase the amount of any future Drawdown from an Excused Partner relating to future Portfolio Investments, provided that any such increase shall not exceed the amount of the prior Drawdown for which such Limited Partner was excused. A Limited Partner that is excused from a Portfolio Investment under this Section 2.7 shall have no right to receive any distributions, or allocations of income, gain, losses, credits and deductions, in respect of such Excused Investment.
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Related to EXCUSED INVESTMENTS

  • Permitted Investments At any time, any one or more of the following obligations and securities:

  • Investments No more than 45% of the “value” (as defined in Section 2(a)(41) of the Investment Company Act of 1940, as amended (“Investment Company Act”)) of the Company’s total assets consist of, and no more than 45% of the Company’s net income after taxes is derived from, securities other than “Government Securities” (as defined in Section 2(a)(16) of the Investment Company Act) or money market funds meeting the conditions of Rule 2a-7 of the Investment Company Act.

  • Investment Assets Those assets of the Fund as the Advisor and the Fund shall specify in writing, from time to time, including cash, stocks, bonds and other securities that the Advisor deposits with the Custodian and places under the investment supervision of the Sub-Advisor, together with any assets that are added at a subsequent date or which are received as a result of the sale, exchange or transfer of such Investment Assets.

  • Restricted Investments Make any Restricted Investment.

  • Collateral Fund Permitted Investments The Company shall, at the written direction of the Purchaser, invest the funds in the Collateral Fund in Collateral Fund Permitted Investments. Such direction shall not be changed more frequently than quarterly. In the absence of any direction, the Company shall select such investments in accordance with the definition of Collateral Fund Permitted Investments in its discretion. All income and gain realized from any investment as well as any interest earned on deposits in the Collateral Fund (net of any losses on such investments) and any payments of principal made in respect of any Collateral Fund Permitted Investment shall be deposited in the Collateral Fund upon receipt. All costs and realized losses associated with the purchase and sale of Collateral Fund Permitted Investments shall be borne by the Purchaser and the amount of net realized losses shall be deposited by the Purchaser in the Collateral Fund promptly upon realization. The Company shall periodically (but not more frequently than monthly) distribute to the Purchaser upon request an amount of cash, to the extent cash is available therefore in the Collateral Fund, equal to the amount by which the balance of the Collateral Fund, after giving effect to all other distributions to be made from the Collateral Fund on such date, exceeds the Required Collateral Fund Balance. Any amounts so distributed shall be released from the lien and security interest of this Agreement.

  • Restricted Investment Make or have, or permit any Subsidiary of Borrower to make or have, any Restricted Investment.

  • Loans and Investments Each of the Loan Parties shall not and shall not permit any of their Subsidiaries to, at any time make or suffer to remain outstanding any loan or advance to, or purchase, acquire or own any stock, bonds, notes or securities of, or any partnership interest (whether general or limited) or limited liability company interest in, or any other investment or interest in, or make any capital contribution to, any other Person, except: (a) (i) trade credit extended on usual and customary terms in the ordinary course of business, (ii) bank deposits in the ordinary course of business, (iii) endorsement of negotiable instruments held for collection in the ordinary course of business and (iv) lease, utility and other similar deposits in the ordinary course of business; (b) advances to employees to meet expenses incurred by such employees in the ordinary course of business; (c) (i) cash and Permitted Investments, (ii) investments by any Loan Party in Equity Interests in their respective Subsidiaries existing as of the Effective Date, and (iii) other investments, advances and loans existing on the date of this Agreement and described on Schedule 6.04; (d) loans, advances and investments to, or in, the Borrower or any Subsidiary; (e) investments in Swap Agreements as permitted by Section 6.01(f); (f) Permitted Acquisitions, including Subsidiaries acquired pursuant to Permitted Acquisitions and investments of such Subsidiaries at the time of their respective Acquisition pursuant to Permitted Acquisitions; (g) ownership of equity interests or securities acquired in connection with the satisfaction or enforcement of Indebtedness or claims due or owing to a Loan Party or any of its Subsidiaries in the ordinary course of business or as security for any such Indebtedness or claim; (h) Guarantees permitted by Section 6.03; (i) any other investment, loan or advance (other than Acquisitions) so long as the aggregate amount of all such investments, loans and advances does not exceed $20,000,000 during the term of this Agreement; and (j) loans, advances and investments (other than Acquisitions) not otherwise permitted by any of the foregoing, provided that immediately prior to and after giving effect (including giving effect on a pro forma basis) to any such loan, advance or investment (i) no Default or Event of Default exists or would result therefrom and (ii) the Borrower is in compliance with the financial covenants set forth in Sections 6.14 and 6.15.

  • Eligible Investments 19 ERISA .....................................................................................20

  • The Investment Account; Eligible Investments (a) Not later than the Withdrawal Date, the Master Servicer shall withdraw or direct the withdrawal of funds in the Custodial Accounts for P&I, for deposit in the Investment Account, in an amount representing: (i) Scheduled installments of principal and interest on the Mortgage Loans received or advanced by the applicable Servicers which were due on the related Due Date, net of the Servicing Fees due the applicable Servicers and less any amounts to be withdrawn later by the applicable Servicers from the applicable Buydown Fund Accounts; (ii) Payoffs and the proceeds of other types of liquidations of the Mortgage Loans received by the applicable Servicer for such Mortgage Loans during the applicable Payoff Period, with interest to the date of Payoff or liquidation less any amounts to be withdrawn later by the applicable Servicers from the applicable Buydown Fund Accounts; and (iii) Curtailments received by the applicable Servicers in the Prior Period. At its option, the Master Servicer may invest funds withdrawn from the Custodial Accounts for P&I, as well as any Buydown Funds, Insurance Proceeds and Liquidation Proceeds previously received by the Master Servicer (including amounts paid by the Company in respect of any Purchase Obligation or its substitution obligations set forth in Section 2.07 or Section 2.08 or in connection with the exercise of the option to terminate this Agreement pursuant to Section 9.01) for its own account and at its own risk, during any period prior to their deposit in the Certificate Account. Such funds, as well as any funds which were withdrawn from the Custodial Accounts for P&I on or before the Withdrawal Date, but not yet deposited into the Certificate Account, shall immediately be deposited by the Master Servicer with the Investment Depository in an Investment Account in the name of the Master Servicer and the Trust for investment only as set forth in this Section 3.03. The Master Servicer shall bear any and all losses incurred on any investments made with such funds and shall be entitled to retain all gains realized on such investments as additional servicing compensation. Not later than the Business Day prior to the Distribution Date, the Master Servicer shall deposit such funds, net of any gains (except Payoff Earnings) earned thereon, in the Certificate Account. (b) Funds held in the Investment Account shall be invested in (i) one or more Eligible Investments which shall in no event mature later than the Business Day prior to the related Distribution Date (except if such Eligible Investments are obligations of the Trustee, such Eligible Investments may mature on the Distribution Date), or (ii) such other instruments as shall be required to maintain the Ratings.

  • Acceptable Investment The Company has no knowledge of any circumstances or conditions with respect to the Mortgage Loan, the Mortgaged Property, the Mortgagor or the Mortgagor's credit standing that can reasonably be expected to cause private institutional investors to regard the Mortgage Loan as an unacceptable investment, cause the Mortgage Loan to become delinquent, or adversely affect the value or marketability of the Mortgage Loan;

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