Form of Investment. Any investment of any funds in the Trust Accounts shall be made under the following terms and conditions:
(i) each such investment shall be made in the name of the Indenture Trustee, for the benefit of the Issuer and the Noteholders (to the extent of their respective interests therein), or in the name of a nominee of the Indenture Trustee; and
(ii) any certificate or other instrument evidencing such investment shall be delivered directly to the Indenture Trustee, and the Indenture Trustee shall have sole possession of such instrument, and all income on such investment.
Form of Investment. Any investment of funds in the Collection Account or the Liquidation Collection Account shall be made under the following terms and conditions:
(i) each such investment shall be made in the name of the Agent (in its capacity as such) or in the name of a nominee of the Agent, in either case for the benefit of the Purchaser and the other Secured Parties; and (ii) any certificate or other instrument evidencing such investment shall be delivered directly to the Agent or its agent and the Agent shall have sole possession of such instrument, and all income on such investment.
Form of Investment. 1.1 Equity Transfer and Capital Increase For the purpose of this Agreement, the Original Shareholders intend to transfer their 40% equity interest in Wentai Education to the Designated Party at a price not less than the original cost of their capital contributions after the execution of this Agreement. Following the equity transfer, the Designated Party will own 40% equity interest of Wentai Education, whereas the Original Shareholders will in aggregate own 60% of its equity interest (of which 32.892%, 12.084%, 12.024% and 3% will be owned by Du Qicai, He Yuzhang, Liang Xing and Yin Ming, respectively). The Original Shareholders shall procure the Designated Party to assist them in performing all of their obligations hereunder, and shall be jointly and severally liable for all obligations of the Designated Party hereunder. Noah agrees to accept the transfer of 40% equity interest of Wentai Education from the Designated Party at a price of RMB36 million (the “Equity Transfer Price”) pursuant to the requirements of this Agreement and the related exhibits hereto. Simultaneously with the acceptance by Noah of the transfer of 40% equity interest of Wentai Education from the Designated Party as mentioned above, Noah agrees to subscribe the increased portion of equity interest of Wentai Education at a price of RMB90 million (the “Capital Increase Amount”) pursuant to the requirements of this Agreement and the related exhibits hereto. Of the Xxxxxxx Xxxxxxxx Xxxxxx, XXX00 million will be used as the increased registered capital of Wentai Education and RMB60 million will be used as its increased capital reserve. Following the completion of equity transfer and capital increase (the “Equity Transfer and Capital Increase”) as described in this Article 1.1, Wentai Education will have a registered capital of RMB60 million, and the capital contributions made by all shareholders towards the registered capital of Wentai Education and their respective equity ratios are as follows: Shareholder Ratio Increase for Industry and Commerce (RMB/Ten Thousand) Noah 0 % 0 % 70 % 4,200 Designated Party 0 % 40 % 0 % 0 Du Qicai 54.82 % 32.892 % 16.446 % 986.76 He Yuzhang 20.14 % 12.084 % 6.042 % 362.52 Liang Xing 20.04 % 12.024 % 6.012 % 360.72 Yin Ming 5 % 3 % 1.500 % 90 Total 100 % 100 % 100 % 6,000
1.2 Upon execution of this Agreement, Wentai Education agrees to extend interest-free loans of RMB21 million and RMB9 million to Xu Dong and Du Qicai, respectively, with a term of 20 years ...
Form of Investment. Any investment of funds in the Collection Account or the Cash Collateral Account shall be made under the following terms and conditions: (i) each such investment shall be made in the name of the Agent (in its capacity as such) or in the name of a nominee of the Agent; and (ii) any certificate or other instrument evidencing such investment shall be delivered directly to the Agent or its agent and the Agent shall have sole possession of such instrument and all income on such investment.
Form of Investment. Any investment of any funds in the Credit Balance Settlement Account or the ATM Fee Settlement Account shall be made under the following terms and conditions:
(i) each such investment shall be made in the name of the Collateral Agent (in its capacity as such) or in the name of a nominee of the Collateral Agent, and
(ii) any certificate or other instrument evidencing such investment shall be delivered directly to the Collateral Agent and endorsed in the name of the Collateral Agent and the Collateral Agent shall have sole possession of such instrument.
Form of Investment. (a) AOL's investment (the "AOL Equity") will be in the form of convertible preferred stock, consisting of a number of shares determined on a fully diluted basis based on a valuation of Venture Sub agreed upon between AOL and RS or determined pursuant to Section 5.1.1(b), which will be senior to all other preferred stock of Venture Sub and will have other rights, preferences and privileges customarily provided to venture capital investors (including, but not limited to, weighted average anti-dilution protection) and no less favorable than those of any other preferred stockholder.
(b) If AOL's purchase of the number of shares determined pursuant to Section 5.1.3
(a) would cause AOL to own more than fifteen percent of the fully diluted capital stock of Venture Sub (e.g. if the pre-money valuation described in Section 5.1.3
(a) is less than --------------------------- *** Denotes information that has been omitted from this Exhibit pursuant to a confidential treatment request filed with the Commission. approximately *** ($***)), then notwithstanding Section 5.1.3(a), AOL shall not be required to purchase more than fifteen percent of the fully diluted capital stock of Venture Sub (with the purchase price based on a valuation as described in Section 5.1.3(a)), and AOL and RS shall agree to reasonable terms and conditions pursuant to which AOL shall invest the difference between twenty- five million dollars ($25 million) and such purchase price in capital stock of RS (at the then current market price) or another subsidiary of RS.
Form of Investment. The investment shall total One Million Five Hundred Thousand US dollars (USD $1,500,000) and is to be split into the following payments (the “Investment Tranches”).
a. One Hundred and Fifty Thousand US dollars (USD $150,000) has already been received by the Directors of the Corporation by way of a cash advance.
b. A further payment of Three Hundred and Fifty Thousand US dollars (USD $350,000) is due on completion of the Corporate Actions.
c. Two further cash payments each of Five Hundred Thousand US dollars (USD $500,000), are to be paid as detailed in item 2.
Form of Investment. Party A shall invest with machinery, equipment and intangible assets; Party B shall invest with cash for purchase of part of Party A's assets, introduction of equipment and GMP reconstruction. The JVC shall lease the land and factory buildings from Party A (details see Article 13).
Form of Investment. Any investment of any funds in the Collection Account, Disbursement Account and Reserve Account shall be made under the following terms and conditions:
(i) each such investment shall be made in the name of the Indenture Trustee, for the benefit of Issuer and the Secured Parties (to the extent of their respective interests therein), or in the name of a nominee of the Indenture Trustee;
(ii) any certificate or other instrument evidencing such investment shall be delivered directly to the Indenture Trustee (and endorsed to the Indenture Trustee in blank), and the Indenture Trustee shall have sole possession of such instrument, and all income on such investment;
(iii) all other requirements set forth on Exhibit 3.01(g) are met; and
(iv) the Indenture Trustee for the benefit of the Secured Parties shall have a first priority perfected security interest in such investment, perfected by control to the extent permitted under Article 9 of the UCC.
Form of Investment. The investment shall be made as a convertible debenture in US Dollars substantially in the form shown in Exhibit E.