Financing of the Company. LOL expects to have contributed 38.75% of the capital of the Company, consisting of cash and the beneficial use of the LOL Contributed Assets referred to in Section 1.4. Farmland, CHS, and United LLC expect to have together directly or indirectly contributed 61.25% of the capital of the Company, consisting of cash and the beneficial use of United LLC Contributed Assets referred to in Section 1.5, subject to the provisions of the LLC Agreement. The Parties shall arrange for financing of the joint venture pursuant to the terms of the LLC Agreement, it being the intent of the Parties to obtain non-recourse as to the Members financing for the Company, as soon as practical and in any event not later than April 30, 2000.
Financing of the Company. 2.1 The Company has, at the date of this Agreement, an authorised Share Capital of INR 3,00,00,000 consisting of 30,00,000 Equity Shares of par value INR 10 each. As of date 2932159 Equity Shares have been issued and are held by the persons in the number and proportion as set out in Schedule 2A.
2.2 Upon Completion, the Shareholding pattern of the Company shall be as set out in Schedule 2B.
2.3 Promoters and IGC agree that on Completion, the Parties would have only partly funded the Company and that both Parties hereby agree to further fund the Company, as and when required to the maximum extent as specified in the Business Plan in proportion to their Shareholding in the Company. The Parties shall mutually agree on the manner and time of such future funding.
2.4 In the event the Company does not have adequate resources to fund its operations as envisaged in the Business Plan as amended or revised with approval of the Board or the Shareholders, and provided the Shareholders have funded their full share of funding commitment as set forth in the Business Plan, the Company shall raise such additional funds (“Additional Funds”) (i) through external commercial borrowings from IGC on reasonable effort basis, in compliance with the exchange control regulations or alternatively, through other modes of non-convertible debt on terms and conditions to be satisfactory to IGC within a period of 45 days from the requirement of the Additional Funds; or (ii) if the Board determines that the Company is not able to raise external commercial borrowing or non-convertible debt as referred to herein, by an offering of Shares (“Additional Shares”) to the Shareholders in proportion to their respective Pro Rata Share in the Company and on terms and conditions to be mutually agreed between the Parties. Such Additional Shares to be issued upon subscription to the Shareholders shall be fully paid up by the respective Shareholder in cash. In the event any Shareholder does not subscribe entirely to its Pro Rata Share of Additional Shares, the other Shareholder shall have the right to subscribe to the unsubscribed portion of the Pro Rata Share of the unsubscribing Shareholder in the Additional Shares (“Unsubscribed Additional Shares”). In the event that any Shareholder nominates an Affiliate to subscribe to the Additional Shares or the Unsubscribed Additional Shares, such Shareholder shall cause such Affiliate to execute an Affiliate Deed of Adherence in the form set out in Schedule 4 an...
Financing of the Company. The initial funding of the Company shall be as follows: [ * ]
Financing of the Company. (a) Pursuant to Section 3.01(a) above, each of P&O Princess and Royal Caribbean has agreed to contribute $500,000,000 to the capital of the Company (the "INITIAL SHAREHOLDER CAPITAL") in the form of partly paid Class A Shares and Class B Shares, respectively. The parties acknowledge that, unless otherwise agreed between the Shareholders, neither Shareholder shall be required to make equity contributions to the Company in excess of $500,000,000 in the aggregate (it being understood that any payments in cash by a Shareholder to pay on its partly paid Shares are counted against such $500,000,000 amount).
(b) Each of the Shareholders shall assist the Company in obtaining such third party financing as the Shareholders shall determine that the Company requires from time to time to conduct the Joint Venture Business in accordance with the Initial Business Plan, including by provision of guaranties to such third party financing sources, such guaranties to be given by the Shareholders severally and on identical terms; provided that P&O Princess's obligation to provide such guaranties shall be subject to the listing rules of the UKLA (including, if necessary, shareholder approval); provided further that under no circumstances shall Royal Caribbean be required to provide such a guaranty unless P&O Princess does so on identical terms. To the extent that the Company is unable to obtain all or part of such additional financing from third parties, the Shareholders shall provide, and the Company shall incur, any additional financing approved pursuant to Section 5.02 (each such financing, a "SHAREHOLDER DEBT FINANCING"), such financing to be provided in the form of subordinated debt financing (or in such other form, such as preference share financing, as the Shareholders may agree) and contributed to the Company by each Shareholder simultaneously, upon identical terms and in the same proportion as the Shareholders' respective Ownership Percentages. All Shareholder Debt Financing shall bear interest at a rate equal to LIBOR plus 1% per annum. In the event that the incurrence by the Company of indebtedness in connection with any Shareholder Debt Financing is approved pursuant to Section 5.02 and a Shareholder (the "NON-FUNDING SHAREHOLDER") elects not to provide its pro rata portion of such Shareholder Debt Financing, the other Shareholder (the "FUNDING SHAREHOLDER") may elect to provide to the Company the entire amount of such Shareholder Debt Financing that has been approv...
Financing of the Company. 3.1 The Company shall generally finance itself with the means acquired from its activities. The Company shall maintain a trustworthy solvency level. The Company shall usually not take liabilities in the amount exceeding the reasonable needs for the activities of the Company.
3.2 In case additional funds are needed in order to finance the economic activities of the Company, the Company shall itself organise such funding, whereas the contribution of funds by the Shareholders shall take place
Financing of the Company. 3.1 The Company shall generally finance itself with the means acquired from its activities. The Company shall maintain a trustworthy solvency level. The Company shall usually not take liabilities in the amount exceeding the reasonable needs for the activities of the Company.
3.2 In case additional funds are needed in order to finance the economic activities of the Company, the Company shall itself organise such funding, whereas the contribution of funds by the Shareholders shall take place in compliance with the procedure provided in the Agreement. Provision of loans, guarantees and other securities to the Company by separate Shareholders shall take place only with the prior consent of the respective Shareholder and under respective separate agreement.
Financing of the Company. 3.1 List of all short term and long term debt (including leases, guarantees and other contingent obligations).
3.2 All documents and agreements evidencing borrowings or available borrowings in excess of EUR 50'000, whether secured or unsecured, by the Company.
3.3 All documents and agreements evidencing other material financing arrangements, including leasing arrangements, installment purchases, etc.
3.4 All documents regarding bonds issued by the Company.
3.5 Correspondence with and reports to lenders and rating agencies.
3.6 Excerpts from the competent collection offices regarding collections made against the Company.
Financing of the Company. The Company agrees and covenants that if the Company completes any debt or equity financing while the Amended and Restated Note remains outstanding, the Company shall use the proceeds of such debt or equity financing to repay all amounts due to the Investor under the Amended and Restated Note prior to using such proceeds for any other purpose. The Company further agrees and covenants that if the Company completes any equity financing on or prior to April 8, 2007, whether or not the Amended and Restated Note is outstanding at such time, the Company shall issue to the Investor warrants to purchase such number of shares of Common Stock of the Company, at the actual or assumed per share price in such financing, as would prevent the dilution of the Investor’s equity ownership of the Company (the “Additional Warrants”). The Company agrees to file a registration statement, at its own expense, within fifteen (15) days of the exercise of any portion of the Additional Warrants to cover the resale of the shares of Common Stock issuable upon exercise of the Additional Warrants in accordance with the provisions of the Securities Act of 1933, as amended. The Company shall use its best efforts to cause the registration statement to become effective within forty-five (45) days from the date of exercise.
Financing of the Company. Subject to the provisions of this Section 7.19 and after the consummation of the Merger, during the period of time from August 1, 1996 through July 31, 2000 (the "Measuring Period") AUGI shall make available to the Surviving Corporation certain inter-company loans and advances (the "AUGI Financing") to fund working capital requirements of the Company, in accordance with the "Corporation's Budget" referred to in Section 7.19(c) below.
Financing of the Company. The Members shall provide, in the form of contributions to the capital of the Company and not loans to the Company, all cash needed by the Company at any time to finance its operations or to pursue the Business Plan, except that the Members will not be required to provide financing for business initiatives required by Buyer that are not provided for in the Business Plan. Return by the Company to the Members of such capital contributions will be subject to the restrictions set forth in Section 5.3(a). If necessary in order to access sufficient cash to meet the Company's cash needs, the Members will borrow
